Digest of Benefit Entitlement Principles - Chapter 12

12.1.0    PAYMENT OF MATERNITY BENEFITS

12.1.1     Authority
12.1.2     Who Can Receive Maternity Benefits?
12.1.3     Waiting Period
12.1.4     The Number of Weeks for Which Maternity Benefits May Be Paid
12.1.5     When Maternity Benefits Are Payable


12.1.0    PAYMENT OF MATERNITY BENEFITS

When pregnancy benefits were first introduced under the Unemployment Insurance scheme in 1971, payment of these benefits was related to child bearing and intended for the mother during the period surrounding the birth of the child. The principle underlying these benefits was and continues to be nowadays under the current Employment Insurance program that the mother should be protected from an earnings loss caused by her physical inability to work or to seek work in the weeks surrounding the birth.

Since their initial introduction in 1971 maternity benefits have become more flexible so as to respond to the changing employment patterns of women and general societal changes as well. Nevertheless, maternity benefits continue to be paid to compensate for a period of physical inability to work associated with pregnancy and childbirth and remain distinct from parental benefits that are paid for childcare.

The implementation of the Quebec Parental Insurance Plan (QPIP) on January 1, 2006, has brought about many changes in the rules¹ respecting the payment of benefits relating to the birth or adoption of a child, which were until then under the jurisdiction of the Employment Insurance (EI) program throughout Canada.

This is no longer the case generally in Quebec since January 1, 2006, as a result of the agreement entered into by the governments of Canada and Quebec, which provides among other things that:

• the Quebec Parental Insurance Plan applies to parents residing in Quebec in respect of any new claim for benefits relating to a birth or an adoption occurring on or after January 1, 2006;
• the Employment Insurance program continues to apply to parents residing in Quebec for any claim relating to a birth or an adoption covering a period prior to January 1, 2006, and for any birth or adoption that occurred before January 1, 2006;
• the Employment Insurance program continues to apply to parents residing outside Quebec in respect of any claim relating to a birth or an adoption.

This does not mean, however, that maternity or parental benefits under the Employment Insurance program will cease to be paid in Quebec or that the impact of the implementation of the Quebec Parental Insurance Plan will be limited to Quebec.² 

Among other rules, a new principle of equivalence³ has been established to guarantee equity in the processing of claims for Employment Insurance benefits that are filed throughout Canada, including Quebec .

This principle, which extends to benefits paid under a provincial plan a recognition that is similar to maternity or parental benefits paid under the EI program, applies to any future claim for EI benefits.

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1. Refer to the Appendix to the current chapter for more information;
2. Refer to 1.2 of the Appendix to the current chapter; 
3. Refer to 3.4 of the Appendix to the current chapter. 

12.1.1    Authority

In order to receive maternity benefits under the EI program, the claimant must show that she meets the entitlement conditions and the payment provisions of these benefits that will be explained as the chapter proceeds.

The legislative authority to pay maternity benefits reads as follows¹:

Notwithstanding section 18, but subject to this section, benefits are payable to a major attachment claimant who proves her pregnancy.

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1. EIA 22(1).

12.1.2    Who Can Receive Maternity Benefits

Maternity benefits under the EI program are payable to a mother¹ who has experienced an interruption of earnings², is major attached, that is, with 600 or more hours of insurable employment in the qualifying period³ and who provides to the Commission a signed statement attesting to her pregnancy and declaring her expected or actual date of confinement⁴.

In situations where a violation had been assessed on a previous claim, the claimant will require more than 600 hours of insurable employment during the qualifying period to be eligible for special benefits. Violations range from minor to subsequent⁵ with a related increase in the number of hours required to qualify for benefits⁶.

It should be noted that in the case of a surrogate pregnancy, it is the surrogate mother who experiences the physical inability to work associated with pregnancy and childbirth and as such is entitled to maternity benefits.

New rules⁷ have been in effect since January 1, 2006, following the implementation of the Quebec Parental Insurance Plan. There is now a regulatory provision⁸ providing that a person who is entitled to receive benefits from a provincial plan in respect to the birth or the adoption of a child is disentitled to maternity or parental benefits under the Employment Insurance program in respect of this same birth or adoption.

[September 2006 ]

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1. EIA 22(1); EIR 93;
2. EIR 41(1)(a)(b);
3. see 2.3.1, "Special Benefits";
4. EIA 6; EIA 7.1;
5. EIA 7.1(5);
6. EIA 7.1(1); EIA 7.1(2); see Section 18.5.3, “The Increased Entrance Requirement;
7. Refer to 3.3 of the Appendix to the current chapter;
8. EIR 76.09(1).

12.1.3 Waiting Period

Like all claims for unemployment benefits a waiting period must be served¹ before maternity benefits can be paid. However, the waiting period may be waived if, after having ceased work, the claimant has received sick leave paid by her employer². In situations when the claimant works for more than one employer, if he was paid sick leave pay after ceasing work from one of these employers and had an interruption of earnings for the same employer, the conditions have been met to waive the waiting period⁴.

A regulation⁵ made on January 1, 2006, in the context of the implementation of the Quebec Parental Insurance Plan⁶ authorizes waiving the waiting period where benefits have been paid under a provincial plan such as the QPIP.

[July 2003]

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1. EIA 13;
2. EIR 40(6);
3. EIR 14(2);
4. EIR 40(6);
5. EIR 76.22;
6. Refer to 3.1 of the Appendix to the current chapter.

12.1.4    The Number of Weeks for Which Maternity Benefits May Be Paid

A qualified EI claimant may receive up to 15 weeks of maternity benefits¹ per benefit period, for a single pregnancy².

These weeks need not be consecutive and can be interrupted by receipt of another type of benefit. There is moreover a limit to the number of weeks of special benefits that the claimant may receive.³

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1. EIA 12(3);
2. EIA 12(4);
3. Refer to 12.2.1.

12.1.5    When Maternity Benefits Are Payable

The legislation¹ has set the specific time frame within which maternity benefits are payable   to a person under the EI programas the period:

(a)    that begins the earlier of

(i) eight weeks before the week in which her confinement is expected, and
(ii) the week in which her confinement occurs; and

(b)    that ends 17 weeks after the later of

(i) the week in which her confinement is expected, and
(ii) the week in which her confinement occurs.

This window for payment of these benefits allows the claimant to determine when, within this legislated time period, maternity benefits will begin or end.

In the event the baby is hospitalized the window for payment of maternity benefits may be extended by the number of weeks that the child is in hospital². However, any such extension cannot exceed the period of 52 weeks following the week of the baby's birth³. It should be noted that an extension of the maternity window does not have the effect of extending the benefit period that ends in the usual manner⁴.

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1. EIA 22(2);
2. EIA 22(6);
3. EIA 22(7);
4. EIA 10(2).