Digest of Benefit Entitlement Principles - Chapter 12

12.3.0    MATERNITY BENEFITS WITH RESPECT TO OTHER PROVISIONS

12.3.1     Regular Benefits Within the Maternity Period
12.3.2     Fishing Claims
12.3.3     During a Labour Dispute
12.3.4     During the Teaching and Non-Teaching Period
12.3.5     While Disqualified or Disentitled
12.3.6     While Outside Canada
12.3.7     While Attending a Course or Other Employment Activity
12.3.8     While on Jury Service

APPENDIX TO CHAPTER 12

12.3.0    MATERNITY BENEFITS WITH RESPECT TO OTHER PROVISIONS

A claim for maternity benefits is unique in the impact that certain provisions of the Employment Insurance Act have during the period that the claimant is in receipt of maternity benefits. These situations are covered in the sections that follow.

12.3.1    Regular Benefits Within the Maternity Period

The fact that a woman is pregnant or has given birth does not automatically render her unavailable for and incapable of work. On the contrary, she can request and be paid regular benefits within her maternity period (or even move back and forth between regular and maternity benefits), provided of course, that during the period she claims regular benefits she is able to prove her availability and capability for work¹. The principles regarding availability in cases of maternity are found in another chapter of this Digest.²

Regular benefits are not payable to the EI claimant who qualifies for maternity benefits as a result of the regulatory exception³. She can receive special benefits only.

The implementation of the new Quebec Parental Insurance Act on January 1, 2006, has introduced new rules and a number of changes in terms of 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(a);
2. see 10.10.4, "Pregnancy and Childbirth";
3. EIR 93;
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.

12.3.2    Fishing Claims

Individuals who earn their insurable hours in fishing can establish a claim for maternity benefits based on their insurable employment in fishing. A fisher woman will be entitled to EI maternity benefits if she is major attached, that is, has $3760 or more of insurable earnings as a fisher in the qualifying period.¹

The maximum number of weeks of regular fishing benefits combined with special benefits is limited to 50, however, when regular benefits were not paid, fishers are entitled to receive special benefits to a maximum of 56, 65 or 71 weeks depending on the types of special benefits combined in a benefit period².

The new rules³ put in place pursuant to the implementation of the Quebec Parental Insurance Plan on January 1, 2006, also apply to fishing claims.

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1. EIA 22(1); EIR (Fishing) 1(1);
2. EIR (Fishing) 8(17) (17.1) and (18); see 12.2.1, “Limit on the number of weeks of special benefits”;
3. Refer to the Appendix  to the current chapter for more information.

12.3.3    During a Labour Dispute

Under the EI program, a claimant who is subject to disentitlement because of a labour dispute¹ at her place of employment may have that disentitlement suspended² in order to receive maternity benefits subject to proving entitlement to maternity benefits.

Before the disentitlement can be suspended, the EI claimant who would otherwise be entitled to maternity benefits were it not for the labour dispute, must prove that her absence from work was foreseen and that arrangements with the employer to be off work due to an expected child had begun before the start of the labour dispute³.

The disentitlement imposed as a result of a labour dispute could not be suspended in the case of a woman who, during the work stoppage, is entitled to receive benefits from the Quebec Parental Insurance Plan; as a general rule, this woman cannot otherwise prove that she is entitled to EI maternity or parental benefits⁴.

Claimants on maternity leave when a stoppage of work occurs are not caught by the provisions relative to labour disputes. However, there may be disentitlement where the maternity leave period ends if the woman is unable to resume her previous employment by reason of a stoppage of work attributable to a labour dispute.⁵

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1. EIA 36(1);
2. EIA 36(3);
3. EIA 36(3);
4. EIR 76.09; refer to 3.3 of the Appendix to the current chapter;
5. EIA 36(1) .

12.3.4    During the Teaching and Non-Teaching Period

Teachers may receive EI maternity benefits during both the teaching and non-teaching period¹ provided all entitlement criteria for the payment of maternity benefits are met.

The new rules² in force since January 1, 2006, as a result of the implementation of the Quebec Parental Insurance Plan apply in context; they specify, among other things, that a person who is entitled under a provincial plan to receive benefits in respect of a birth or an adoption is generally disentitled from receiving EI maternity or parental benefits³.

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1. EIR 33.
2. Refer to the Appendix to the current chapter for more information;
3. EIR 76.09(1); refer to 3.3.1  in the Appendix to the current chapter.

12.3.5    While Disqualified or Disentitled

A disqualification or certain disentitlements will not prevent the payment of EI maternity benefits because the Act provides for the deferral¹ or suspension² of any disqualification and for the suspension of certain disentitlements³ during the period that the claimant is in receipt of maternity benefits.

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1. EIA 28(5);
2. EIA 30(4);
3. EIA 36(3); EIA 34.

12.3.6    While Outside Canada

By regulation¹ a claimant in receipt of EI maternity benefits is not disentitled solely for being out of the country. This means that the claimant who is not in Canada may be entitled to maternity benefits.

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1. EIR 55(4).

12.3.7    While Attending a Course or Other Employment Activity

Under the EI program, a claimant is considered to be unemployed, capable and available while attending a course or other employment activity to which she was referred by an authority of the Commission¹. Therefore, unless the claimant withdraws or is removed from the course or other employment activity she may continue in receipt of benefits under this section of the Act² during her maternity period.

A claimant who is in receipt of maternity benefits may attend a course on her own initiative and continue to receive maternity benefits because the provisions of the Act regarding availability³ do not apply to maternity claims⁴.

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1. EIA 25(1);
2. EIA 25(1);
3. EIA 18;
4. EIA 22(1).

12.3.8    While on Jury Service

Under the EI program, individuals who are called for jury service while in receipt of maternity benefits may become engaged in jury service and continue to be entitled to maternity benefits¹ or can choose to switch to regular benefits during the period of jury service. However jury service is not a reason that gives rise to an extension of the maternity benefit period and the claimant should be so advised.

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1. EIA 18(c).