Digest of Benefit Entitlement Principles - Chapter 12

12.2.0    MATERNITY BENEFITS AS A PART OF SPECIAL BENEFITS

12.2.1     Limits to the Number of Weeks of Special Benefits Payable
12.2.2     Sickness Benefits Within the Maternity Period

12.2.0    MATERNITY BENEFITS AS A PART OF SPECIAL BENEFITS

Under the EI program, maternity benefits, together with the parental benefits (to care for a new born or a child placed for the purpose of adoption), the sickness benefits (in case of illness, injury, or quarantine) and the compassionate care benefits are known collectively as special benefits and have specific requirements for payment¹ as well as limits to the number of weeks payable.

Special benefits may be paid in any combination during a benefit period provided the claimant proves entitlement for each type of benefit. The maximum number of weeks of benefits payable when regular and special benefits are combined is 50 weeks. The maximum special benefits payable in a benefit period when regular benefits were not paid are²:

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1. see 11.2.0, "First Entitlement Condition: To Be Unable to Work"; see 11.3.0, "Second Entitlement Condition: To Be Otherwise Available for Work"; see 12.1.1, "Authority"; see 12.1.2, "Who Can Receive Maternity Benefits"; see 13.1.1, "Authority"; see 13.1.2, "Who Can Receive Parental Benefits"; see 23.1.0, “Authority”; see 23.2.1, Family Members Who Can Receive Compassionate Care Benefits .
2. EIA 12(5); EIA 12(6).

12.2.1    Limits to the Number of Weeks of Special Benefits Payable

Under the EI program, each type of special benefits has an individual maximum number of weeks payable per benefit period Individual maximums are¹: for maternity benefits 15 weeks; for parental benefits 35 weeks; for sickness benefits 15 weeks and for compassionate care benefits 6 weeks.

Special benefits may be paid in any combination for a maximum total of 50 weeks¹, where the birth or placement for adoption of the child is December 31, 2000 or greater, provided the claimant proves entitlement for each type of benefit. For example, a qualified claimant could receive 5 weeks sickness, 15 weeks maternity and 30 weeks parental benefits, provided she is able to prove entitlement to each type of benefit.

• 65 weeks when maternity, parental and illness benefits are combined;
• 56 weeks when parental, illness and compassionate care benefits are combined;
• 56 weeks when maternity, parental and compassionate care benefits are combined;
• 71 weeks when maternity, parental, illness and compassionate care benefits are combined.

An EI major attachment claimant who is entitled to special benefits under the exception provided for in the Regulations³ can receive only special benefits.

The implementation of the Quebec Parental Insurance Plan on January 1, 2006, has introduced, among others, a new principle of equivalence for the purposes of the EI program⁴.

Under a regulatory provision⁵ made on January 1, 2006, each week of provincial benefits is considered as a week for which benefits are paid under the EI program and is taken into account in calculating the overall maximum number of weeks of EI maternity or parental benefits payable during a benefit period and the maximum number of weeks of EI benefits payable with regard to a birth or an adoption.

Under another regulatory provision⁶ concerning the extension of the benefit period, a reference to “benefits paid in the case of a pregnancy or because the claimant is caring for one or more new-born or adopted children placed with the claimant for the purpose of adoption” for a number of weeks that is less than the applicable maximum number of weeks shall be read as a reference to the provincial benefits that have been paid to the claimant for the same reasons.

It follows that QPIP benefits can be used to extend the employment insurance benefit period⁷ to allow the claimant to receive the maximum number of special benefits weeks under the EI – other than maternity or parental – to which he/she is entitled.

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1. EIA 12(3);
2. EIA 12(5); EIA 12(6);
3. EIR 93; 
4. Refer to 3.4 of the Appendix to the current chapter;
5. EIR 76.19(1); refer to 3.4.3.1 of the Appendix to the current chapter;
6.  EIR 76.14;
7. Under subsections 10(13), (13.1), (13.2) or (13.3) of the EIA; refer to 3.4.1.4 of the Appendix to the current chapter.

12.2.2    Sickness Benefits Within the Maternity Period

A woman who is pregnant may choose and be entitled to sickness benefits during the maternity period. Although pregnancy and childbirth are not considered to be illnesses, complications with respect to either may be. To receive sickness benefits the claimant must prove she is unable to work because of complications due to her pregnancy or childbirth or because of an unrelated illness and that except for her inability to work, she would be otherwise available¹.

Once inability to work is proven this claim is dealt with according to the principles applicable to any person requesting sickness benefits² with one exception. That exception is that these claimants are not required to prove incapacity for the actual day of the child's birth and for the fourteen calendar days immediately following the child's birth. The fact of the birth is considered to be adequate proof and the claimant may be paid sickness benefit for this period. Normally this issue will arise only when the claimant is collecting regular benefits during her period of maternity.

A pregnancy that is terminated within the first nineteen weeks of that pregnancy is an illness for the purposes of the Act³ and must be treated as such.

The implementation of the new Quebec Parental Insurance Plan on January 1, 2006, has introduced new rules and a number of changes to entitlement to EI benefits.⁴ 

A regulatory provision⁵ disentitles a person who has received benefits from the provincial plan in respect to the birth or adoption of a child or has claimed such benefits and is entitled to them during the weeks given, from receiving any EI benefits for those same weeks.⁶

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1. EIA 18;
2. see chapter 11, "Sickness Benefits"; 
3. EIR 40(5);
4. Refer to the Appendix to the current chapter for more information;
5. EIR 76.09 (3);
6. Refer to 3.3.3 of the Appendix to the current chapter.