Special Benefits / Maternity
*This asterisk denotes recent case law.
Questions to Answer
NOTE: Since January 01, 2006, maternity and parental benefits for Quebec residents are delivered by the Province of Quebec through the Quebec Parental Insurance Plan. The EI Board of Referees has no jurisdiction to rule on QPIP entitlement.
- major attached?
- proof of pregnancy?
- within the maternity window?
- special benefits already paid?
- weeks of maternity benefit remaining?
Employment Insurance Act, 12 22 Employment Insurance Act; Employment Insurance Act, 6(1) Employment Insurance Act. 13
Employment Insurance Regulations 41
Legislation in relation to EI/QPIP entitlement: Employment Insurance Act and 23(3.5) Employment Insurance Actand 153.2 Employment Insurance Act, 69(2) (3) Employment Insurance Regulations 76
- major attached (600 hours): Employment Insurance Act 6(1) 22(1) Employment Insurance Act
- proof of pregnancy: Employment Insurance Act, 22(1) Employment Insurance Regulations 41
- "maternity window": Employment Insurance Act 22(2)
- begins the earlier of: 8 weeks prior to week of Expected Date of Confinement (EDC), or week of Actual Date of Confinement (ADC)
- ends 17 weeks after the later of: week of EDC or week of ADC
- maximum weeks payable (15 weeks): Employment Insurance Act 12
Onus of proof
Claimant must prove entitlement to maternity benefits: Employment Insurance Act 22
Key Case Law
Judgment Of The Federal Court Of Appeal: Major attachment requirement A-558-95
Judgment Of The Federal Court Of Appeal A-281-01 Judgement Of The Supreme Court Of Canada]) sections 6 and 7 of the Act do not contravene the Canadian Charter of Rights and Freedoms., 29642
Judgment Of The Federal Court Of Appeal: (leave to appeal dismissed by Supreme Court : Provision for 15 weeks maternity benefits, payable to birth mothers, does not contravene the Charter. A-346-05 Judgment Of The Federal Court Of Appeal: Validity of maternity provisions A-121-77
Court Of Appeal For Ontario: Provision for 15 weeks maternity benefits does not contravene the Charter. C-25044
Judgment Of The Federal Court Of Appeal: Allocation of severance monies preventing the payment of maternity benefits is not discrimination under A-284-99 Canadian Charter Of Rights And Freedoms 15
- What's New
- Board of Referees Jurisdiction
- Availability for Work
- Claim Procedure
- Delayed Appeal to the Board of Referees
- Labour Disputes
- Out of Canada
- Penalties and Violations
- Qualifying Conditions
- Rate of Weekly Benefits
- Reconsideration of Claim
- Refusal of Employment
- Special Benefits
- Special Benefits/Compassionate Care
- Special Benefits/Maternity
- Special Benefits/Parental
- Special Benefits/Sickness
- Undeclared Earnings
- Week of Unemployment
- Voluntary Leaving