Digest of Benefit Entitlement Principles - Chapter 13

13.2.0     PARENTAL BENEFITS AS A PART OF SPECIAL BENEFITS

13.2.1     Limits to the Number of Weeks of Special Benefits Payable

13.2.0    Parental Benefits as a part of special benefits

Under the EI program, parental benefits (to care for a new born or a child placed for the purpose of adoption), together with maternity benefits, sickness benefits (in case of illness, injury, or quarantine) and compassionate care benefits are known collectively as special benefits and as such, have specific requirements for payment¹ as well as limits to the number of weeks payable.

A qualified claimant may be paid special benefits at any time in the benefit period. To ensure consistency and stability in the payment of special benefits, entitlement is not limited by the unemployment rate, rather the maximum number of weeks for which special benefits may be paid has been set by legislation². These parameters are explained in the following section.

[ September 2006 ]

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1. see 11.2.0, "First Entitlement Condition: To Be Unable to Work"; see 11.3.0, "Second Entitlement Condition: To Be Otherwise Available for Work"; see 12.1.1, "Authority"; see 12.1.2, "Who Can Receive Maternity Benefits"; see 13.1.1, "Authority"; see 13.1.2, "Who Can Receive Parental Benefits"; see 23.1.0,  "Authority"; see 23.2.1 "Family Members Who Can Receive Compassionate Care Benefits"
2. EIA 12(5); 12(6).

13.2.1  Limits to the Number of Weeks of Special Benefits Payable

Under the EI program, each type of special benefits has an individual maximum number of weeks payable per benefit period¹. Individual maximums are: for sickness benefits 15 weeks; for maternity benefits 15 weeks; for parental benefits 35 weeks and for compassionate care benefits 6 weeks.

Special benefits may be paid in any combination during a benefit period provided the claimant proves entitlement for each type of benefit. The maximum number of weeks of benefits payable when regular and special benefits are combined is 50 weeks. The maximum special benefits payable in a benefit period when regular benefits were not paid are²:

• 65 weeks when maternity, parental and illness benefits are combined;
• 56 weeks when parental, illness and compassionate care benefits are combined;
• 56 weeks when maternity, parental and compassionate care benefits are combined;
• 71 weeks when maternity, parental, illness and compassionate care benefits are combined.

An EI major attachment claimant who is entitled to special benefits under the exception provided for in the Regulations³ can receive only special benefits.

The implementation of the Quebec Parental Insurance Plan on January 1, 2006, has introduced, among others, a new principle of equivalence for the purposes of the EI program⁴.

Under a regulatory provision⁵ made on January 1, 2006, each week of provincial benefits is considered as a week for which benefits are paid under the EI program and is taken into account in calculating the overall maximum number of weeks of EI maternity or parental benefits payable during a benefit period and the maximum number of weeks of EI benefits payable with regard to a birth or an adoption.

Under another regulatory provision⁶ concerning the extension of the benefit period, a reference to “benefits paid in the case of a pregnancy or because the claimant is caring for one or more new-born or adopted children placed with the claimant for the purpose of adoption” for a number of weeks that is less than the applicable maximum number of weeks shall be read as a reference to the provincial benefits that have been paid to the claimant for the same reasons.

It follows that QPIP benefits can be used to extend the employment insurance benefit period⁷ to allow the claimant to receive the maximum number of special benefits weeks under the EI – other than maternity or parental – to which he/she is entitled.

[ September 2006 ]

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1. EIA 12(5);
2. EIA 12(5; 12(6);
3. EIR 93
4. Refer to 3.4 of the Appendix to Chapter 12;
5. EIR 76.19(1) ;refer to 3.4.3.1 of the Appendix to Chapter 12;
6. EIR 76.14
7. Under subsections 10(13), (13.1), (13.2) or (13.3) of the EIA; refer to 3.4.1.4 of the Appendix to Chapter 12.