Special Benefits / Parental
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*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? (600 hours)
- in cases of adoption, proof of placement required?
- within the parental "window" ?
- parental benefits to the other parent?
- special benefits paid to claimant?
- weeks remaining to draw parental benefits?
Employment Insurance Act, 12 23 Employment Insurance Act Employment Insurance Act, 6(1) Employment Insurance Act 13
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 23(1)
- proof required: caring for child or children placed for legal adoption: Employment Insurance Act, 23(1)
- within 52-week window: starting with week of child's birth or week of placement, and ending 52 weeks later: Employment Insurance Act, 23(2)
- can be extended: for weeks the child was hospitalized, up to 104 weeks: Employment Insurance Act,
NOTE: Effective July 04, 2010 under the Fairness for Military Families amendments to the EI Act, the benefit period and the period during which parental benefits may be paid can be extended up to 104 weeks for Canadian Forces members whose period of parental leave is deferred or who are directed to return to duty from parental leave – subsections 10(12.1), 10(15), 23(3.01), 23(3.1), 23(2) and the transitional measures found in Bill C-13.
- maximum weeks payable: 35 subject to a maximum of 65 weeks special benefits): Employment Insurance Act, 12 23 Employment Insurance Act
Onus of proof
Claimant must prove entitlement to parental benefits: Employment Insurance Act 49(1) Judgment Of The Federal Court Of Appeal A-396-85
Key Case Law
*CUB 76899: Parents of twins can not both benefit from 35 weeks parental benefits. The Umpire stated that pursuant to Section 12(4)(b) of the Act, the maximum number of weeks for which benefits may be paid for the care of one or more new-born or adopted children as a result of a single pregnancy or placement is 35. (The claimant has filed for a judicial review and a decision is pending.)
Judgment Of The Federal Court Of Appeal: Evidence that claimant was placed for purposes of adoption A-309-96
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: Must be "major attached" for parental benefits. A-81-95
Judgment Of The Federal Court Of Appeal, T-744-95 Court Of Appeal For Ontario: Validity of parental legislation: 1) 10 week maximum for adoptive parents found valid and 2) 6 months age requirement found invalid and as a result paragraph 12(7)(a) no longer applicable. 25044
- 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