PARENTAL BENEFITS

I. The Legislation

a. Generally

Section 23 of the Employment Insurance Act provides for parental benefits, which are available in order to allow a claimant to remain at home to care for one or more newborn or adopted children.

Subsection 23(1) Employment Insurance Act

In order to receive parental benefits, the child must be the natural child of the claimant or must be placed with the claimant for adoption pursuant to the law of the province in which the claimant resides.

Subsection 23(1) Employment Insurance Act

Parental benefits are only available to a major attachment claimant. Under the  Employment Insurance Act, a major attachment claimant is a claimant who has six-hundred (600) or more hours of insurable employment in their qualifying period.

Subsections 6(1) and 23(1)  Employment Insurance Act

Parental benefits are payable beginning with the week in which the child or children are born or actually placed with the claimant for the purpose of adoption and ending fifty-two weeks later. If a child is hospitalized during that period, the period is extended by the number of weeks during which the child is hospitalized.

Subsections 23(2) and (3)Employment Insurance Act

Weeks of benefits which are payable under these legislative provisions may be divided between the parents of the child or children.

Subsection 23(4) Employment Insurance Act

b. Maximum Benefit Period

Paragraph 12(3)(a) of the  Employment Insurance Act provides that a woman who takes leave from her employment on account of her pregnancy and the birth of her child or children may receive benefits for up to fifteen (15) weeks.

Paragraph 12(3)(a) Employment Insurance Act

Paragraph 12(3)(b) of the  Employment Insurance Act provide that the maximum number of weeks for which benefit may be paid for the reason of caring for one or more new-born children of the claimant or one or more children placed with the claimant for the purpose of adoption is thirty-five (35) weeks.

Paragraph 12(3)(b) Employment Insurance Act

c. Extension of Maximum Benefit Period

The maximum number of weeks for which benefits may be paid for the reason of pregnancy is fifteen(15). The maximum number of weeks for which benefits may be paid for the reason of caring for one or more new-born children of the claimant or one or more children placed with the claimant for the purpose of adoption is thirty-five(35).

Paragraphs 12(4)(a) and (b) Employment Insurance Act

d. Placement of More Than One Child For Adoption

The placement of two or more children for the purpose of adoption at the same or substantially the same time is a single placement of a child or children. In cases such as this, a claimant could not claim thirty-five(35) weeks of parental benefits for each adopted child.

Subsection 12(8) Employment Insurance Act

e. Parental and Other Benefits Combined

Parental benefits may be combined with sickness and maternity benefits for up to a maximum of fifty(50) weeks.

Subsection 12(6) Employment Insurance Act

II. Principles of Law

a. Parental Benefits and the Charter

The limit on the number of weeks for receipt of special benefits contained in subsection 12(6) of the  Employment Insurance Act (subsection 11(6) of the Unemployment Insurance Act ) does not discriminate against pregnant women and is not therefore, a violation of the equality provisions in section 15 of the Canadian Charter of Rights and Freedoms. All recipients of special benefits are subject to the limitation. Neither are the provisions discriminatory pursuant to the Charter.

Canada (A.G.) v. Brown,A-435-00, December 10, 2001
Sollbach v. Canada, A-197-98, December 17, 1999 (F.C.A.)
Miller v. Canada (A.G.), 2002 F.C.A. 370, File No.A-137-01, October 7, 2002

The denial of pregnancy benefits to a claimant during the time she is in receipt of severance pay is not discrimination under section 15 of the Charter. Since receiving wages operates as a general bar to, or reduction of, all unemployment insurance benefits, it cannot be said that the provisions rendering a female claimant ineligible are discriminatory on the ground of sex. A male claimant in receipt of severance pay during weeks when he was not available for work by reason of illness or injury would be equally ineligible for benefits. Nor could it be argued that, if his illness was one to which only men are prone, the refusal of benefits would be discriminatory.

Krock v. Canada (A.G.), A-284-99, June 4, 2001 (F.C.A.); leave to appeal to Supreme Court of Canada dismissed February 21, 2002,File No.28740

The provisions of the  Employment Insurance Act mandate a regime based on hours worked for minimum eligibility requirements. These eligibility requirements are essential to the proper functioning and effectiveness of the insurance scheme. Although they may have a detrimental effect on claimants who are not able to meet the threshold number of hours of insurable employment, this negative effect does not overwhelmingly outweigh the positive social effects of the employment insurance scheme.

Canada (A.G.) v. Lesiuk, [2003] F.C.J. No. 1, File No.A-281-01

The minimum eligibility requirements do not demean human dignity in the context of section 15 of the Charter. The requirements are not a manifestation of a lack of respect or of dignity. They are an administratively necessary tool tailored to correspond to the requirements of a viable contributory insurance scheme.

Canada (A.G.) v. Lesiuk, [2003] F.C.J. No. 1, File No.A-281-01

b. Parental Benefits and Waiting Period

The two week waiting period provided for in section 13 of the  Employment Insurance Act applies in the case of special benefits, including parental benefits. Section 13 is unqualified. It applies to all benefits unless expressly excluded by some other provision of the Act.

Canada (A.G.) v. Vasiliadis, [2002] F.C.J. No. 907, File No. A-499-01, June 13, 2002 (F.C.A.)

III. Related Topics

• Availability
• Canadian Charter of Rights and Freedoms
• Labour Disputes
• Interruption of Earnings