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.
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.
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.
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.
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.
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.
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.)
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.
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.
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.
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.
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.
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 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
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 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.
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.
|