Special Benefits / Maternity

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Disclaimer:
*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.

  1. major attached?
  2. proof of pregnancy?
  3. within the maternity window?
  4. special benefits already paid?
  5. weeks of maternity benefit remaining?


References

Legal test


 


Onus of proof


 
Claimant must prove entitlement to maternity benefits: section 22 Employment Insurance Act 

Key Case Law


 
BOURDON A-558-95 Judgment Of The Federal Court Of Appeal:  Major attachment requirement

LESIUK A-281-01 Judgment Of The Federal Court Of Appeal(leave to appeal dismissed by Supreme Court [ 29642 Judgement Of The Supreme Court Of Canada]) sections 6 and 7 of the Act do not contravene the Canadian Charter of Rights and Freedoms.,

TOMASSON  A-346-05 Judgment Of The Federal Court Of Appeal: (leave to appeal dismissed by Supreme Court [32298]: Provision for 15 weeks maternity benefits, payable to birth mothers, does not contravene the Charter.  BLISS A-121-77 Judgment Of The Federal Court Of Appeal:  Validity of maternity provisions

SCHAFER SHUB Ontario Court of Appeal Number C-25044 Court Of Appeal For Ontario:  Provision for 15 weeks maternity benefits does not contravene the Charter.

KROCK A-284-99 Judgment Of The Federal Court Of Appeal:  Allocation of severance monies preventing the payment of maternity benefits is not discrimination under section 15 of the Charter.   Canadian Charter Of Rights And Freedoms 



Quick Reference