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Maternity and Parental Benefits Guide

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Introduction

This guide provides information about maternity and parental benefits available to public service employees, including general information concerning Employment Insurance (EI) benefits. You may wish to refer to the attached appendix which provides an overview of maternity and parental benefits.

New rules came into effect in December 2000 for collecting benefits under the Employment Insurance Act, extending the total period of maternity and parental benefits from 25 weeks to 50 weeks, excluding a two-week waiting period.

Treasury Board, as the employer of the federal Public Service, also makes available maternity and parental benefits through the applicable collective agreement for represented employees. Employees not subject to a collective agreement are accorded the benefits of the relevant collective agreement as established in their terms and conditions of employment.

It is important to note that the information contained in this document describes the maternity and parental benefits that were in force in certain collective agreements signed after December 30, 2000. However, the terms governing the benefits do vary between agreements and unless the agreement specifies otherwise, the benefits are effective the date the relevant collective agreement is signed. Employees should, therefore, consult the actual wording of their collective agreement for details on provisions that would apply to their situation.

Maternity and Parental Leave Without Pay

Overview

Generally, an employee who becomes pregnant can request maternity leave without pay for a period beginning before, on, or after the termination date of the pregnancy and ending not later than 17 weeks after the termination date of the pregnancy. As well, an employee can normally request parental leave without pay for a period of up to 37 consecutive weeks in the 52-week period beginning on the day the child is born or the day the child comes into the employee's care.

Requests for maternity or parental leave without pay have an impact on EI benefits and the maternity or parental allowances provided by the employer. Consequently, employees should consult their departmental compensation advisor and their local Human Resources Development Canada office to establish the best option for them before formally requesting a leave of absence.

Maternity Leave Without Pay

Collective agreements specify that maternity leave without pay can commence before, on, or after the termination of pregnancy, as the employee decides, and must end no later than 17 weeks following the termination of pregnancy. With one exception noted below, the period of maternity leave without pay cannot be interrupted once it has started; it can only be terminated. For example, Mrs. X proceeds on maternity leave without pay on January 2, 2002, and the baby is born on January 16, 2002, two weeks later. Consequently, in this case, Mrs. X is entitled to maternity leave without pay for a maximum of 19 consecutive weeks taking into consideration the 17-week maximum after the termination of pregnancy and the two weeks prior to that. If Mrs. X, however, were to start maternity leave without pay 12 weeks before her child is due and then return to work one month before the expected date of childbirth, her entitlement to maternity leave without pay in respect of that pregnancy would be exhausted. Her subsequent absence related to that pregnancy would have to be covered by some other type, or combination of types, of paid and unpaid leave.

Exception: The period of maternity leave without pay can be interrupted if the baby is hospitalized during the first 17 weeks after the child is born. The period of post-childbirth maternity leave without pay can be interrupted by the period of the child's hospitalization. If an employee who proceeded on maternity leave without pay, returns to work during all or part of the period during which her newborn child is hospitalized, she may resume maternity leave without pay when the child's hospitalization is over. The period of leave without pay can, in such circumstances, be extended beyond the normal 17-week period following the date of childbirth to include a period equal to the period of hospitalization up to a maximum of 17 weeks. However, the maternity leave without pay cannot be extended beyond 52 weeks after the date on which the pregnancy terminated.

Parental Leave Without Pay

Collective agreements provide that parental benefits may be granted to an employee - male or female - who becomes a parent either through the birth or adoption of a child.

Parental leave without pay can be granted for a maximum of 37 consecutive weeks. It can commence at any time following the birth or adoption of the child and must end within 52 weeks after the day the child is born or, in the case of an adoption, the day the child is accepted for custody. However, where an employee has proceeded on parental leave without pay and then returns to work for all or part of the period during which his or her child was hospitalized, the period of parental leave may be extended by the same number of weeks to no later than 52 weeks after the day the child comes into the employee's care.

Parental leave without pay taken by a couple employed by the Public Service may not exceed 37 weeks for both individuals combined.

Provisions Common to Maternity and Parental Leave Without Pay

Access to Leave and Other Entitlements

Access to paid sick or vacation leave credits ceases during maternity or parental leave, just as it does during any other type of leave without pay, and does not resume until the employee returns to duty. Actual accumulation of leave credits ceases as of the first month during which the employee does not receive pay for at least 10 days and does not resume until the first month the employee receives pay for at least 10 days. It must be noted that the maternity and parental allowances paid during maternity or parental leave do not constitute pay for the 10-day requirement.

Taking into consideration the fact that vacation leave credits are established in advance, at the beginning of the fiscal year and on the basis of earning at least 10 days' pay for each month, employees planning to take advantage of maternity or parental leave without pay should ensure that they use only earned vacation leave credits before they proceed on leave without pay. It is important to note that employees who have used all of their anticipated vacation leave credits for the fiscal year and proceed on maternity or parental leave without pay during the same fiscal year are required to repay the unearned vacation leave that was used. Normally, the salary overpayment that resulted from having taken unearned vacation leave will be recovered from the first available payments made to the individual.

Periods of maternity or parental leave without pay are counted for the purposes of pay increments, in the calculation of the annual rate at which vacation leave credits are earned, and in the calculation of severance pay entitlements.

Notification by Employee

A pregnant employee cannot be denied maternity leave without pay. However, she may have to submit a medical certificate confirming the pregnancy if requested by her manager. Similarly, parental leave cannot be denied, but the employee may be required to submit proof of the birth or adoption of the child. For both maternity and parental leave without pay, employees must inform their manager, in writing, of their plans for taking such leave as early as possible. Four weeks' notice is required before the first day of continuous leave of absence unless the manager is satisfied that the employee was unable to provide such advance notice.

As well, the manager's agreement is required when an employee wishes to end maternity or parental leave without pay before the previously arranged date.

Maternity and Parental Benefits under the Employment Insurance Act

Note: The Employment Insurance Act governs EI maternity and EI parental benefits. The information in this section is general in nature. Specific questions about EI maternity or parental benefits should be directed to the local Human Resources Development Canada (HRDC) office.

EI Maternity Benefits

The EI Act and related regulations provide for the payment of maternity benefits to biological mothers who meet EI requirements. EI maternity benefits are payable for up to 15 weeks and, generally, are equal to 55 per cent of an employee's average insurable earnings for the last 26 weeks up to a maximum EI benefit of $413 per week (in 2002). Benefits may begin as early as eight weeks before the week the baby is due and must generally conclude no later than 17 weeks after the baby is born. If the baby is born prematurely or with a condition that requires hospitalization, this 17-week maximum can be extended by the period of the child's hospitalization up to a maximum of 52 weeks after the week of the actual date of confinement.

Application for EI maternity benefits should be made to HRDC as soon as maternity leave without pay commences. The departmental compensation advisor will make every effort to issue the record of employment (ROE) on the last day of work or of paid leave. The ROE must be provided to the local HRDC office along with a completed EI application form. Employees can also apply on-line at the following address: http://www100.hrdc-drhc.gc.ca/ae-ei/dem-app/english/home2.html.

Normally, there is a two-week waiting period before EI benefits are paid. This waiting period may be waived if the employee qualifies for and uses paid sick leave immediately before going on maternity leave without pay. Employees can also request that the waiting period not be waived (see "Sick Leave with Pay" below). If the waiting period is waived, EI maternity benefits will be payable effective on the Monday of the first full week that the employee is on maternity leave without pay and for which EI benefits are claimed and payable. Pregnant employees planning to use some sick leave before proceeding on maternity leave without pay should seek advice from their local HRDC office and ask how their planned sick leave use might affect their EI waiting period.

Because a partial week of work may reduce the amount and period of the weekly EI maternity benefits payable, it is normally to an employee's advantage to work until the end of a calendar week. Generally, to improve EI benefits, employees should plan their last day of work, or paid leave, to coincide with the end of a full week of work (i.e. Friday or Saturday).

Employees should be aware that, if they choose to work or take paid leave and delay taking their maternity leave without pay until after the week of the expected date or the actual week of childbirth, whichever is later, each subsequent week of delay will result in a corresponding one-week reduction in the 17-week post-natal period during which EI maternity benefits are payable. For example, Mrs. X expects to give birth on January 2, 2002. However, the baby is born on January 9, 2002. If Mrs. X planned to take leave with pay until January 16, 2002, this additional paid week would reduce the 17-week limit to 16 weeks because the time limit to collect EI maternity benefits is 17 weeks after the baby is born. This may or may not be desirable, depending on the employee's immediate needs and long-term plans. This may also affect the maternity allowance payable under the relevant collective agreement. (See "Maternity and Parental Allowance Paid by the Employer" below.)

EI Parental Benefits

The EI Act and related regulations provide for the payment of parental benefits to both natural and adoptive parents who meet EI requirements while they are caring for a newborn or adopted child.

EI parental benefits are payable for up to 35 weeks and, generally, are equal to 55 per cent of an employee's average insurable earnings for the last 26 weeks up to a maximum EI benefit of $413 per week (in 2002). EI benefits are payable to natural or adoptive parents meeting EI requirements who are caring for a newborn or adopted child and whose earnings have been interrupted due to a leave of absence from work.

The maximum of 35 weeks' benefits can be received by one parent, male or female, or split between the two, provided both parents meet EI requirements. The EI parental benefit is payable anytime within the first year after the birth of the child or, for an adoptive child, the date of placement in the employee's home. A combination of maternity (biological mothers only), parental, and sickness EI benefits can be received up to a combined maximum of 50 weeks in a 52-week benefit period.

Application must be made to HRDC to obtain EI parental benefits and should be made as soon as parental leave without pay commences. Biological mothers can apply for parental benefits at the same time as applying for maternity benefits. The departmental compensation advisor will make every effort to issue the record of employment (ROE) on the last day of work or of paid leave. The ROE must be provided to the local HRDC office along with a completed EI application form. Employees may also apply on-line at the following address: http://www100.hrdc-drhc.gc.ca/ae-ei/dem-app/english/home2.html.

Although there is a two-week waiting period for benefits, only one waiting period needs to be served per claim. If the employee had already received EI benefits, such as maternity benefits, the waiting period would have already been served, and parental benefits may be payable without serving another two-week waiting period. Similarly, employees who were on sick leave immediately before going on leave without pay to care for a newborn child may not need to serve a waiting period. In all instances, employees should consult with their local HRDC office for specific advice on whether they must serve a waiting period.

Maternity and Parental Allowances Paid by the Employer

Basic Provisions

Collective agreements specify the eligibility requirements for the maternity and parental allowances.

To qualify for these allowances, employees must have at least six months' continuous employment in the federal Public Service before the commencement of leave without pay, be on maternity or parental leave without pay, apply for and receive EI maternity or parental benefits, and sign an agreement concerning their return to work.

During the two-week waiting period for EI maternity or parental benefits, if there is one, the employer will pay the employee an allowance equivalent to 93 per cent of his or her weekly rate of pay.

After the waiting period, in the case of maternity leave without pay, depending on the length of entitlement to EI maternity benefits, the employer will pay a maternity allowance based on the difference between 93 per cent of the employee's weekly rate of pay and the gross amount of her EI maternity benefits for a maximum of 15 weeks. In the case of parental leave without pay, the employer will pay the parental allowance for a maximum of 35 weeks based on the number of weeks EI parental benefits are paid. The parental allowance is also calculated by deducting the gross amount of EI parental benefits from 93 per cent of the employee's weekly rate of pay.

Sample calculation of the allowance during the EI waiting period and for the first week after

Mrs. X's weekly rate of pay is $813. She served a two-week waiting period from January 7 to January 20, 2002, and started receiving EI maternity benefits in the amount of $413 for the week of January 21, 2002. She will be entitled to receive a maternity allowance in the amount of $756.09 ($813 x 93%) for each week during the two-week waiting period and to a maternity allowance in the amount of $343.09 ($756.09 - $413) for the week of January 21, 2002.

Notes: 

The maternity and parental allowances, payable by the employer, have no effect on EI benefits that the individual is entitled to receive. However, these allowances are subject to taxation. Deductions for Canada or Quebec Pension Plan contributions are also required unless the maximum contributions for the year have already been made.

Any salary increment or economic increase to which the employee would normally be entitled that comes into effect while the employee is in receipt of maternity or parental benefits will be reflected automatically in the maternity or parental allowance.

Some collective agreements include in the calculation of the maternity and parental allowances, the recruitment and retention "terminable allowance"; for example, collective agreements for the AP, RE and SH groups.

Return-to-Work Obligations 

For example, if an employee receives a maternity allowance for 17 weeks, which includes the allowance during the EI waiting period, and a parental allowance for 35 weeks, she must agree to return to work for 52 weeks.

The return to work can be full-time or part-time, and there is no time limit for fulfilling the return-to-work requirement. Except for reasons listed below, employees who fail to fulfill their return-to-work agreement will have to repay all or part of the maternity or parental allowance received.

Exceptions to the return-to-work obligations are as follows:

  • death;
  • lay-off;
  • early termination of a specified employment period due to lack of work or discontinuance of a function when the specified employment period would have permitted the fulfillment of the return-to-work obligation; or
  • having become disabled under the Public Service Superannuation Act.

In the most recent example, the employee agreed to return to work for 52 weeks (maternity allowance of 17 weeks and a parental allowance of 35 weeks). If she returns to work for only 40 weeks and decides to terminate her employment, she will have to reimburse the employer for 12 weeks of parental allowance.

Note: There are some variations in the wording of return-to-work provisions in collective agreements. Consequently, employees should consult their respective collective agreement to determine the return to work provisions applicable to their situation.

Special Maternity and Parental Allowances for Totally Disabled Employees Paid by the Employer

Collective agreements recognize that there are instances where there would be an entitlement to EI maternity or parental benefits, and consequently to the maternity and parental allowances, if some employees were not in receipt of disability insurance or workers' compensation benefits. The special maternity or parental allowance thus promotes an equitable treatment for those employees.

Pursuant to section 21(2) of the Employment Insurance Act, employees who proceed on maternity or parental leave without pay and who have a concurrent entitlement to benefits under the Disability Insurance (DI) Plan, the long-term disability (LTD) portion of the Public Service Management Insurance Plan, or the Government Employees Compensation Act (GECA) are not normally entitled to EI maternity or parental benefits because the amounts received under those plans exceed the amount of the EI maternity or parental benefit. Such employees will, however, be entitled to receive a special maternity or parental allowance equal to the difference between 93 per cent of the employee's weekly rate of pay and the gross weekly benefit payable under the DI Plan, LTD, or the GECA.

The special maternity or parental allowance is based on the number of weeks the employee would have been eligible for EI maternity or parental benefits if they had not received other benefits as previously mentioned. Therefore, these special allowances are payable up to the maximum permitted under the Employment Insurance Act: a maximum of 15 weeks for the special maternity allowance and a maximum of 35 weeks for the special parental allowance.

To qualify for these special allowances, employees must receive disability or workers compensation benefits, be on maternity or parental leave without pay, apply for EI maternity or parental benefits, and have at least six months' continuous employment in the federal Public Service before commencing leave without pay. It must be noted, however, that these employees need not receive EI maternity or parental benefits in order to be eligible for the special maternity or parental allowance, nor must they satisfy the normal return-to-work requirements associated with the maternity or parental allowance.

Acting Pay

The weekly rate of pay used to calculate the maternity or parental allowance is based on the rate to which the employee is entitled for his or her substantive position. However, where an employee has, on the day immediately before proceeding on maternity or parental leave without pay, been on an acting assignment for at least four months, the weekly rate of pay includes the acting pay.

Part-time Employees

Calculations are required to establish the weekly rate of pay for employees who have been working on a part-time or a combined full-time and part-time basis during the six-month period preceding the commencement of maternity or parental leave without pay.

Sample calculation for maternity and parental allowances when an employee has been working full-time and part-time:

Full-time weekly rate of pay = $1,075

Total earnings for the last 26 weeks

Full-time 37.5 hours/week for 13 weeks


Part-time 22.5 hours/week for 13 weeks

Full-time earnings for 13 weeks   =
($1,075 x 13)                                         $13,975
                                                     + 

Part-time earnings for 13 weeks   =

($1,075 / 37.5 x 22.5 = $645 x 13)              8,385

Total earnings for 26 weeks   =                $22,360

Full-time rate for 26 weeks = ($1,075 x 26 =)       $27,950

$22,360 (total earnings for 26 weeks) divided by $27,950 (full-time rate for 26 weeks) = 80%

80% x $1,075 = $860
$860 is the weekly rate of pay that will be used to determine the amount of the maternity or parental allowance. For example, in this case, the weekly maternity allowance is $860 x 93% = $799.80 - $413 (minus the amount of EI maternity benefits) = $386.80.

Term Employees

Term employees who proceed on maternity or parental leave without pay should ensure that their remaining period of employment would permit them to fulfill their return-to-work agreement. They can also make retroactive application for payment of the maternity or parental allowance and wait until they are certain to get an extension to the specified employment period. Otherwise, all or part of the maternity or parental allowance will have to be recovered because the end of a specified period of employment is not an exception to the recovery rule. If the period of employment is extended and the return-to-duty requirement is fulfilled, employees would retain any maternity or parental allowance they received.

Proof of Entitlement to EI Maternity or Parental Benefits

As previously mentioned, employees must apply for and receive EI benefits to be eligible for the allowances. As well, they must provide the departmental compensation advisor with satisfactory proof of entitlement to EI maternity or parental benefits. This proof will be the "Benefit Statement - Notice to Claimant" form issued by Human Resources Development Canada. If the employee is eligible for and requests the first two weeks of benefits at 93 per cent of salary under the maternity or parental allowance, the "Benefit Statement - Notice to Claimant" would state that the waiting period is over. This will prove that the employee has, in fact, served the normal waiting period.

In situations where an employee has not yet received proof of entitlement to EI benefits, the departmental compensation advisor may authorize up to three payments of the maternity or parental allowance, pending receipt of proof.

It should be noted that HRDC offers direct deposit of EI benefits. When an employee chooses this payment option, only the initial and final statements are provided, unless the employee specifies that the employer requires all statements as proof of payment for the purpose of receiving an employer-paid maternity or parental allowance. Such statements are required as proof of payment for employees of the federal Public Service and, consequently, must be specified when applying for EI maternity or parental benefits.

Repayment of Benefits at Income Tax Time

Effective the 2000 taxation year, repayment of EI benefits at income tax time for exceeding an income threshold, sometimes referred to as the "claw back" provision, is no longer applicable to individuals receiving maternity or parental EI benefits.

Paid Leave

Leave with Pay for Needs Directly Related to the Birth or Adoption of a Child

An employee may apply for one or two day's leave with pay for needs directly related to the birth or the adoption of a child depending on the relevant collective agreement. It must be noted that this paid leave is not related to the number of children born or adopted at any one time. For example, if an employee were to give birth to twins, she would only be entitled to one or two day's leave, as specified in the relevant collective agreement.

As previously mentioned, access to paid leave ceases during leave without pay periods and does not resume until the employee returns to duty. Consequently, leave with pay for needs directly related to the birth or adoption of a child should be taken immediately before the commencement of the maternity or parental leave without pay.

Employees who are entitled to, and apply for, leave for needs directly related to the birth or adoption of a child must complete the appropriate departmental leave form identifying the specific type of leave requested and the date on which it is to be taken. Most employees will be entitled to this benefit through the "Leave for Family-related Responsibilities" provisions of their relevant collective agreement. In such cases, this paid leave will be deducted from the employee's annual allotment of paid leave for family-related responsibilities and cannot be granted if the annual maximum of such paid leave has already been used by the employee during that fiscal year.

With respect to employees whose entitlement for such leave is not part of the "Leave for Family-related Responsibilities" provisions, the leave requested should be identified as "other paid leave." Where an employee is proceeding on maternity leave without pay before the date of childbirth, the leave form should indicate that the leave with pay for needs related to the birth or adoption of a child is to be the last day(s) of receipt of salary before the commencement of maternity leave without pay. For example, if she stops work on a Wednesday or Thursday, she would be paid for Friday as well, and her maternity leave without pay would begin on the following Monday.

If the employee is on vacation, compensatory, or sick leave when the child is born or adopted, the employee will need to arrange with the departmental compensation advisor which day(s) is (are) to be considered leave with pay for needs directly related to the birth or adoption of the child.

Sick Leave with Pay

In accordance with EI procedures, pregnancies terminating within the first 19 weeks are treated as illnesses. For example, an absence from work resulting from the termination of a pregnancy in the 12th week would qualify an employee for sick leave and perhaps EI sickness benefits, assuming that the employee was medically prevented from doing her job. It would not, however, qualify her for maternity or parental benefits.

If an employee becomes unable, on medical grounds, to do her job during pregnancy, or as a result of childbirth, and has not commenced maternity leave without pay, she may draw on her accumulated sick leave credits providing she satisfies the normal requirements for the granting of sick leave. It must be noted, however, that a normal pregnancy in and of itself is not considered a medical disability for the purposes of sick leave.

If an employee uses sick leave just before proceeding on maternity leave without pay, she may choose to waive the normal EI waiting period. She would then be entitled to EI maternity benefits effective the first full week of her maternity leave without pay. Consequently, the maternity allowance normally payable at 93 per cent of salary during the two-week waiting period will not be payable to her. This will also reduce the maximum maternity allowance from 17 weeks to 15 weeks. Should she wish to benefit from the full maternity allowance (i.e., 17 weeks), when applying for EI maternity benefits, she should request that the waiting period not be waived.

As well, EI maternity benefits are normally payable only up to 17 weeks after the baby is born. Delaying maternity leave without pay may shorten entitlement to EI maternity benefits, especially if more than 10 days of sick leave are taken after childbirth. Under these circumstances, an employee would also forfeit a proportionate amount of the maternity allowance she might otherwise be eligible to receive.

Employees planning to use some sick leave before proceeding on maternity leave without pay should seek advice from their local HRDC office and ask how their planned sick leave use might affect their EI waiting period. They should also seek advice on the interrelationships between sick leave and EI benefits.

Vacation and Compensatory Leave

As long as a pregnant employee is not on leave without pay, she may apply to use her accumulated vacation or compensatory leave credits. An application for vacation or compensatory leave from a pregnant employee will be approved or refused on the basis of the normal criteria applied to all requests for such leave. A manager will normally consider operational requirements and the fair scheduling of leave for all employees in a group as important factors in making a decision. However, these criteria should decline in importance as an employee approaches the date of childbirth, when she will need to exercise her right to a leave of absence, paid or unpaid.

Pension and Insurance

Public Service Superannuation Plan and Supplementary Death Benefit

During maternity or parental leave without pay, employees retain their position and the employer continues to pay its share of contributions under the Public Service Superannuation Act (PSSA). The first three months of leave count as pensionable service, and normal PSSA contributions are required. Counting the subsequent period is optional. Consequently, employees must consult with their departmental compensation advisor before commencing maternity or parental leave without pay to discuss the best option for them. As well, employees must complete a form to count or to make an option not to count, for pension purposes, the period following the first three months of leave without pay.

Employees who opt to count the leave must pay their normal share (single rate) of PSSA contributions during pregnancy and for periods of maternity or parental leave without pay that fall within 52 weeks following the birth of a child of an employee or the date of adoption. Employees must pay a double contribution rate for leave without pay after that 52-week period. On return to duty, the outstanding contributions are collected either in a lump sum or from the employee's salary in equal instalments over a period equal to twice the period of leave without pay, at the employee's discretion. Application may be made to the Superannuation Directorate of Public Works and Government Services Canada to extend the repayment period where recovery over the normal period would cause the employee financial hardship.

Where the employee opted not to count a period of leave without pay for pension purposes, no PSSA contributions are necessary and no service will be credited for that period of leave without pay.

It is important to note that if a full-time employee returns to duty on a part-time basis, the amount of PSSA contributions for the maternity or parental leave without pay would be based on the employee's full-time employment.

Life insurance coverage under the Supplementary Death Benefit (SDB) Plan continues throughout the leave period without an option to discontinue participation even when the individual chose not to count the period of leave without pay for PSSA purposes. On return to duty, the outstanding contributions are collected either in a lump sum or from the employee's salary in equal instalments over a period equal to twice the period of leave without pay, at the employee's discretion.

Disability Insurance and Long-term Disability Insurance

If the employee is insured under either the Disability Insurance (DI) Plan or the long-term disability (LTD) insurance portion of the Public Service Management Insurance Plan, coverage will continue automatically during maternity and parental leave without pay. The employee's share of the DI or LTD premiums required for the period of leave without pay will be collected from salary on return to duty in equal monthly instalments over a period equal to the period of leave or in a lump sum on expiration of the leave. It must be noted that the recovery of premiums is waived, for the period covered by a claim, when a claim is approved for DI or LTD benefits.

Public Service Dental Care Plan

Coverage under the Public Service Dental Care Plan (PSDCP) will continue for the duration of maternity or parental leave without pay that occurs within 52 weeks after the birth or adoption of the child. No premiums are required from the employee.

Public Service Health Care Plan

Employees who wish to retain coverage under the Public Service Health Care Plan (PSHCP) and who normally pay a share of the contributions required to maintain such coverage must remit a cheque, payable to the Receiver General for Canada, in an amount equal to the required contributions, in advance, on a monthly or quarterly basis. If an employee fails to make advance payments, coverage is terminated and normal contributions will be recommenced and deducted from salary upon return to duty.

Provincial Health Care

In those provinces that levy premiums for coverage under the provincial health care plan, employees are responsible for remitting directly to the provincial authority the full premiums required to maintain their coverage under the provincial plan while they are on leave without pay.

Public Service Management Insurance Plan

Employees with voluntary insurance coverage under the Public Service Management Insurance Plan (PSMIP) must pay the full premiums required to maintain that coverage during their maternity or parental leave without pay. Premiums must be remitted quarterly, semi-annually, or annually, in advance, directly to the National Life Assurance Company of Canada, the plan insurer. If premiums are not remitted during the period of leave without pay, the coverage will cease and the employee will have to make a new application for coverage on return to duty and will be required to submit a statement of health.

Responsibilities

Employees

Employees have full responsibility for the arrangement of the several kinds of leave and benefits available in the sequence that best suits their immediate needs and long-term plans. They must also provide the employer with the required documents to receive maternity or parental allowances, and they must make the appropriate payment arrangements for the pension and insurance plans.

Departments and Agencies

Departments and agencies have the responsibility to provide information on public service maternity and parental benefits so that employees can make the best possible use of these benefits. As well, departments and agencies will provide instructions and the required forms, and they will direct employees to the local HRDC office when the advice of EI benefits administrators is required.

References

Collective agreements
Disability Insurance and Long-term Disability Insurance Plans
Employment Insurance Act and related regulations
Public Service Dental Care Plan
Public Service Health Care Plan
Public Service Management Insurance Plan
Public Service Superannuation Act
Supplementary Death Benefit Plan
Terms and Conditions of Employment

Inquiries

Inquiries regarding maternity or parental benefits should be directed to the departmental compensation specialist(s) responsible for the administration of maternity and parental benefits.

Further information on EI benefits is available from local HRDC offices. Employees may wish to obtain a copy of the booklet Employment Insurance: Maternity, Parental and Sickness Benefits, IN-201-10-00, for more specific information on these benefits or visit Human Resources Development Canada's Web site at http://www.hrsdc.gc.ca/en/home.shtml.


Appendix A

CHART ON MATERNITY AND PARENTAL EMPLOYMENT INSURANCE (EI) BENEFITS AND MATERNITY AND PARENTAL ALLOWANCES

MAXIMUM BENEFITS

Week                             2

17

52

During EI waiting period -
  no EI benefits

EI Maternity Benefit -
maximum of 15 weeks

EI Parental Benefit -
maximum of 35 weeks

During EI waiting period, if there is one: Maternity or parental allowance - maximum of 2 weeks

Maternity allowance -
maximum of 15 weeks, excluding the EI waiting period

Parental allowance -
maximum of 35 weeks,
excluding the EI waiting period

TIMEFRAMES

Maternity

17 wks

Before Birth

After Birth

Leave without pay (LWOP)

LWOP can start before, on, or after the termination date of pregnancy.
LWOP must end no later than 17 weeks following the termination of pregnancy. *

EI maternity benefit

EI maternity benefits can start up to 6 weeks (excluding the 2-week waiting period) before the scheduled date of birth of the child or the actual week of birth, whichever is later, and must end no later than within 17 weeks from that date. *

Maternity allowance

The maternity allowance is based on EI maternity benefits.

Parental

52 wks

Birth/Care

After Date of Birth or,
if adopted, after date of custody

 

LWOP can start at any time following the birth or adoption of the child and must end within 52 weeks after the day the child is born, or in the case of adoption, the day the child is accepted for custody. * - Parental LWOP can be granted for a maximum of 37 consecutive weeks.

 

EI parental benefits can start at any time following the birth or adoption of the child and must end within 52 weeks after the day the child is born, or in the case of adoption, the day the child is accepted for custody. *

 

The parental allowance is based on EI parental benefits.

* The time limit can be extended if the baby is confined to the hospital.

 

 
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