Compassionate Care Benefits (PDF version,391KB)
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Produced by Service Canada
March 2010
Online: www.servicecanada.gc.ca
© Her Majesty the Queen in Right of Canada, 2010
IN-057-03-10
SG5-35/2009
978-0-662-06890-7
What are compassionate care benefits?
Who can apply?
Am I eligible?
Who is considered a family member?
Is my job protected if I take compassionate care leave?
Can I share compassionate care benefits?
How to apply
How, when, and where should I apply?
Do I have to provide my Records of Employment to Service Canada?
What information and documents do I need?
Getting paid
When will I receive my first payment?
What is the two-week waiting period?
For how long can I receive compassionate care benefits?
Do I have to file a report before I can receive my payments?
Where can I get more information about my claim?
Can I work while receiving compassionate care benefits?
How much will I receive?
How do you calculate my weekly EI payment?
Other frequently asked questions
Can I combine compassionate care benefits with other types of benefits?
Will I have to repay benefits at income tax time?
Can I quit my job for compassionate care reasons?
What happens to my claim if there is a labour dispute?
Can I receive compassionate care benefits outside Canada?
What benefits are available to a gravely ill person from Canada’s public pensions?
What benefits are available to family members of a gravely ill person?
What are my rights and responsibilities?
One of the most difficult times for anyone is when a loved one is dying or at risk of death. The demands of caring for a gravely ill family member can jeopardize both your job and the financial security of your family. The Government of Canada believes that, during such times, you should not have to choose between keeping your job and caring for your family.
Compassionate care benefits are Employment Insurance (EI) benefits paid to people who have to be away from work temporarily to provide care or support to a family member who is gravely ill and who has a significant risk of death within 26 weeks (six months). A maximum of six weeks of compassionate care benefits may be paid to eligible people.
This publication is designed to answer questions you may have about compassionate care benefits, including who is eligible and how to apply for these benefits.
Service Canada administers the Employment Insurance program. For information about all EI benefits, visit our Web site at www.servicecanada.gc.ca. You can also call the EI Telephone Information Service at 1-800-206-7218 (TTY: 1-800-529-3742) (from the main menu, choose option “2,”and then press “2” to access “types of benefits”).
What is “care or support”?
Care or support of a family member means:
You can receive compassionate care benefits for up to a maximum of six weeks if you have to be absent from work to provide care or support to a gravely ill family member at risk of dying within 26 weeks. If you are unemployed and already receiving EI benefits, you can also apply for compassionate care benefits.
To be eligible for compassionate care benefits, you must be able to show that:
If you have been paid EI benefits in the past and you received a written notice (for example, a warning letter or penalty letter) for making a false statement, you will need more insured hours to claim compassionate care benefits.
You can receive compassionate care benefits for a variety of family members—both yours and those of your spouse or common-law partner—as shown on page 3.
| Your family members | Family members of your spouse or common-law partner |
|---|---|
| Children | Children |
| Wife, husband, common-law partner | |
| Father, mother | Father, mother (married or common law) |
| Father’s wife, mother’s husband | Father’s wife, mother’s husband |
| Common-law partner of the father or the mother | Common-law partner of the father or the mother of your spouse or common-law partner |
| Brothers, sisters, stepbrothers, stepsisters | Brothers, sisters, stepbrothers, stepsisters |
| Grandparents, stepgrandparents | Grandparents |
| Grandchildren, their spouses or common-law partners | Grandchildren |
| Sons-in-law, daughters-in-law (married or common law) |
Sons-in-law, daughters-in-law (married or common law) |
| Father-in-law, mother-in-law (married or common law) |
|
| Brothers-in-law, sisters-in-law (married or common law) |
|
| Uncles, aunts, their spouses or common-law partners | Uncles, aunts |
| Nephews, nieces, their spouses or common-law partners | Nephews, nieces |
| Current or former foster parents | Current or former foster parents |
| Current or former foster children, their spouses or common-law partners |
|
| Current or former wards | Current or former wards |
| Current or former guardians, their spouses or common-law partners |
|
A common-law partner is a person who has been living in a conjugal relationship with another person for at least a year.
Yes. You can also receive compassionate care benefits to care for a gravely ill person who considers you a family member, such as a close friend or neighbour. A signed Form INS5223, Compassionate Care Benefits Attestation, is required from the gravely ill person or their legal representative.
Most provincial and territorial labour codes provide job protection for workers in this type of family situation. However, the definition of “family member” varies. It is important that you confirm with your employer and the provincial/territorial government that you have job protection for compassionate care leave before you apply.
Yes. You can share the six weeks of compassionate care benefits with other members of your family. Each family member must apply for and be eligible for these benefits.
If you plan to share compassionate care benefits, you and your family members should agree on the number of weeks that each of you will take before you apply for benefits. Each family member can claim the benefits at any time during the 26-week period, either at the same time or at different times.
If the medical certificate (see the box called “Medical proof” on page 7) was signed on January 7, 2010, then the 26-week period starts on the previous Sunday, January 3, 2010, and ends on July 3, 2010.
Since you are the first to claim compassionate care benefits, you will serve the two-week waiting period (see page 9 for details).
The waiting period and number of weeks payable for each family member are as follows:
To receive compassionate care benefits, you must submit an EI application online. Apply as soon as you stop working. If you delay filing your claim by more than four weeks after your last day of work, you may lose benefits.
To apply, use any computer with Internet access and visit the Service Canada Web site at www.servicecanada.gc.ca. From the home page, click on ‘‘Apply for Employment Insurance Benefits.’’ You can apply at home, at any Service Canada Centre using one of the many Internet kiosks available, or at a public Internet access site, such as a public library. The Web site takes you step by step through the application process. It could take up to one hour to complete the application online.
Service Canada uses Records of Employment (ROEs) to determine whether you qualify for EI benefits, the benefit rate that applies to you, and the duration of your claim. Missing ROEs can delay the processing of your claim.
If you are having difficulty obtaining your ROEs from your employers, we can help. Go to your Service Canada Centre or contact us at 1-800-206-7218 (TTY: 1-800-529-3742). One of our agents will advise you on how you can obtain the ROE, or what we need to calculate your claim.
To apply online for compassionate care benefits, you will need the following information:
After you apply online, you will need to provide us with the following documents before we can finalize your claim:
You will need to either mail us these documents or drop them off in person at a Service Canada Centre.
When requesting compassionate care benefits, as soon as possible after you apply, you must provide medical proof showing that the ill family member needs care or support and is at risk of dying within 26 weeks.
As proof, you must submit the following two forms:
Copies of these forms are available on our Web site at www.servicecanada.gc.ca, or from any Service Canada Centre. A Service Canada agent will be able to print the form, if you cannot.
You must submit these two forms at the same time. Please note that you are responsible for any fees the doctor requests for completing the medical certificate form. Another medical practitioner, such as a nurse practitioner, can sign the medical certificate when:
Only one medical certificate is required per gravely ill family member within the 26-week period, regardless of whether only one person is claiming the six weeks of benefits, or whether these benefits are being shared. If more than one medical certificate is submitted, it is the first certificate that determines the start and end dates of the 26-week period.
If we have all the required information and if you qualify for benefits, you will usually receive your first payment within 28 days of the date we received your claim. If you do not qualify, we will notify you of the decision we made about your claim.
Using direct deposit
Direct deposit ensures that you will get your payments as quickly as possible. You can register for direct deposit when you apply for EI. Direct deposit is reliable, convenient, and easy to set up.
You can apply for direct deposit or update your banking information at any time by visiting our Web site or calling us.
If you do not register for direct deposit when you apply for EI, we will mail your payments to you.
You must serve a two-week unpaid waiting period before you begin receiving your EI benefits. Usually, this period is the first two weeks of your claim. This is like a deductible for any kind of insurance.
If you are reactivating a claim for benefits for which you have already served a two-week waiting period, you do not have to serve another two-week waiting period. Contact us for more information.
Any earnings that you receive during this two-week waiting period will be deducted from future benefits.
Under certain circumstances, the two-week waiting period may be waived or deferred.
For example:
If two or more family members are claiming compassionate care benefits at the same time, the family members must decide which individual will serve the waiting period.
You can receive compassionate care benefits for a maximum of six weeks within
the 26-week period that starts during one of the following weeks, whichever is earlier:
The benefits end when:
If you submit more than one medical certificate, it is the first certificate that determines the start and end dates of the 26-week period.
If the gravely ill family member dies while you are collecting compassionate care benefits, you must let us know immediately to prevent EI overpayments. Please call the EI Telephone Information Service at 1-800-206-7218 (TTY: 1-800-529-3742), from 8:30 a.m. to 4:30 p.m., Monday to Friday, and press “0” to speak to a representative. You can also write to us or visit us in person at a Service Canada Centre.
Example: Duration of benefits
On January 3, 2010, your father becomes gravely ill. You reactivate an existing claim for benefits, for which you have already served the two-week waiting period. You ask for the full six weeks of benefits, as follows:
The medical certificate is signed on January 7, 2010; the 26-week period starts on the previous Sunday, January 3, 2010, and ends on July 3, 2010.
If your father dies before the end of the 26-week period, your benefit payments may be affected.
For example, if he dies on May 13, 2010, your benefits will be paid as follows:
For most Employment Insurance claims, you have to complete a report before we can issue a payment. However, when receiving compassionate care benefits, you do not have to complete reports to receive your benefits. To waive the need to complete reports, you must request an exemption when you apply online. This request states that you will notify Service Canada if you work, receive money, or find yourself in a situation that may affect your EI benefits. We can then make your payments directly to your bank account using direct deposit (see the box called “Using direct deposit” on page 8).
On the Internet
If you have a current or previous claim for EI benefits, you can view details about your claim by visiting My Service Canada Account on the Service Canada Web site. Using this secure online account, you can access all your EI information in one place. With My Service Canada Account, you can:
To use My Service Canada Account, you will need to create an epass user ID and password. To do this, you will need your access code, which you will find on the benefit statement that is mailed to you after you apply for EI benefits. For more information, visit our Web site at www.servicecanada.gc.ca. From the “On-line Services and Forms” menu on the right-hand side of the page, click on “Access My Service Canada Account.”
If your bank account information changes or if you move, you must let us know as soon as possible. You can update your mailing address, telephone number, and direct deposit information using My Service Canada Account.
By telephone
You can get information about your EI claim by calling the EI Telephone Information Service at 1-800-206-7218 (TTY: 1-800-529-3742). Shortly after you file your EI application for compassionate care benefits, we will mail you an EI benefit statement, which will provide you with an access code. Your access code is a four-digit number printed in the shaded area of your statement. You will need it, along with your Social Insurance Number (SIN), when you make telephone enquiries about your claim.
The access code identifies you and ensures that your privacy is protected. Do not let others have it, because they could get information or take action on your claim without your knowledge. You would be held responsible for this. Keep your access code in a safe place and, for extra security, keep it stored separately from your SIN.
Keep in mind that receiving the EI benefit statement does not mean that we have made a decision about your claim.
You cannot work full time while receiving compassionate care benefits. However, you are entitled to work part time and keep a portion of your benefits.
Normally, if you work and receive compassionate care benefits at the same time, you are entitled to earn a certain amount without having your benefits reduced. You can usually earn up to $50 per week or 25 percent of your weekly benefit, whichever is higher. Any money earned above that amount will be deducted dollar for dollar from your benefit.
However, effective December 7, 2008, until December 4, 2010, you can earn the higher of the following two amounts:
Any amount exceeding $75 per week or 40 percent of your weekly benefits will be deducted from your weekly benefits.
You must report all gross earnings—before taxes and deductions—during the week you earn them, as well as any other money you may receive while collecting compassionate care benefits. To report your earnings, simply call the EI Telephone Information Service at 1-800-206-7218 (TTY: 1-800-529-3742) from 8:30 a.m. to 4:30 p.m., Monday to Friday, and press “0” to speak with a representative. You can also write to us at your local Service Canada Centre, or you can visit us in person there.
To find the Service Canada Centre nearest you, visit our Web site at
www.servicecanada.gc.ca or call 1 800 O-Canada (1-800-622-6232;
TTY: 1-800-926-9105).
The basic benefit rate is 55 percent of your average insurable earnings, up to a yearly maximum insurable amount ($43,200 in 2010). This means that, in 2010, you can receive a maximum payment of $457 per week. Your EI payment is taxable income, meaning federal and provincial or territorial taxes, if they apply, will be deducted.
You could have a higher benefit rate if your family includes children, and if you earn a low family income—less than $25,921 per year. If you or your spouse receives the Canada Child Tax Benefit, you may then be entitled to the Family Supplement, which means a higher benefit rate. However, the benefit payments will never be more than $457 per week.
The amount of your weekly EI payment depends on your gross earnings—that is, your total earnings before taxes and deductions, including tips and commissions—in the last 26 continuous weeks. We calculate your payment as follows:
| Regional rate of unemployment | Divisor |
|---|---|
| 6% or less | 22 |
| 6.1% to 7% | 21 |
| 7.1% to 8% | 20 |
| 8.1% to 9% | 19 |
| 9.1% to 10% | 18 |
| 10.1% to 11% | 17 |
| 11.1% to 12% | 16 |
| 12.1% to 13% | 15 |
| 13.1% or more | 14 |
| Example: How we calculate your payment | ||
|---|---|---|
| In the last 26 weeks, you worked 26 weeks and earned $10,400. You live in an area where the unemployment rate is 13.1 percent, and the minimum divisor is 14. | ||
| To obtain your average weekly earnings | We calculate $10,400 ÷ 26 weeks = $400 (We use the number of weeks worked, since that number is higher than the divisor.) |
|
| To obtain your weekly EI payment | We calculate 55% of $400 = $220 EI benefits payable to you. |
|
Yes. You can combine compassionate care benefits with other types of benefits.
However, the type of other benefit may make a difference to the length of your claim, as described below.
Compassionate care benefits combined with regular EI benefits
You can receive up to 50 weeks of benefits when compassionate care benefits are combined with EI regular benefits. For more information, visit our Web site at www.servicecanada.gc.ca, or call the EI Telephone Information Service at 1-800-206-7218 (TTY: 1-800-529-3742) from 8:30 a.m. to 4:30 p.m., Monday to Friday, and press “0” to speak to a representative. You can also write to us at your local Service Canada Centre, or you can visit us in person there.
Compassionate care benefits combined with maternity, parental, or sickness benefits
You can receive up to 71 weeks of benefits when compassionate care benefits are combined with maternity, parental, or sickness benefits. For more information, visit our Web site at www.servicecanada.gc.ca, or call the EI Telephone Information Service at 1-800-206-7218 (TTY: 1-800-529-3742) from 8:30 a.m. to 4:30 p.m., Monday to Friday, and press “0” to speak to a representative. You can also write to us at your local Service Canada Centre, or you can visit us in person there.
When you file your income tax return, you will not be required to repay any of the
compassionate care benefits you received. However, if you received compassionate care and regular EI benefits within the same taxation year, you may be required to repay some or all of the regular EI benefits.
The compassionate care benefits program is designed to help you provide care or support to a gravely ill family member at risk of dying without having to quit your job. If you do quit, however, you can still receive compassionate care benefits, but it is possible that you may not be paid EI regular benefits.
You may be able to receive EI regular benefits if quitting your employment was the only reasonable alternative in your case, considering all the circumstances. In other words, you took all the necessary steps to avoid quitting your job.
For more information, call the EI Telephone Information Service at 1-800-206-7218 (TTY: 1-800-529-3742) from 8:30 a.m. to 4:30 p.m., Monday to Friday, and press “0” to speak to a representative. You can also write to us at your local Service Canada Centre, or you can visit us in person there.
If your absence from work to claim compassionate care benefits was already approved by your employer before a work stoppage for a strike, lockout, or other form of labour dispute, you may still be eligible for compassionate care benefits. To find out more about the impact of labour disputes on EI benefits, visit our Web site at www.servicecanada.gc.ca/ei/labourdisputes, or call the EI Telephone Information Service at 1-800-206-7218 (TTY: 1-800-529-3742) from 8:30 a.m. to 4:30 p.m., Monday to Friday, and press “0” to speak to a representative. You can also write to us at your local Service Canada Centre, or you can visit us in person there.
Yes. You can receive compassionate care benefits to care for or support a family member, regardless of where that family member lives. You have to apply for benefits and submit the same information and documents as you would to take care of a gravely ill family member residing in Canada.
If you go outside Canada, you must advise Service Canada by calling the EI Telephone Information Service at 1-800-206-7218 (TTY: 1-800-529-3742) from 8:30 a.m. to 4:30 p.m., Monday to Friday, and pressing “0” to speak to a representative. You can also write to us at your local Service Canada Centre, or you can visit us in person there.
A gravely ill person who may be eligible for EI sickness benefits may also be eligible for disability benefits from the Canada Pension Plan (CPP). That person can apply for both of these benefits at the same time.
If the gravely ill person worked in Quebec, he or she contributed to the Quebec Pension Plan (QPP), which offers benefits similar to those of the CPP.
The CPP and QPP also pay disability, survivor, and children’s benefits to those who qualify. Surviving spouses or common-law partners and dependent children may be eligible for a CPP or QPP death benefit, survivor’s pension, or children’s benefit.
For more information about the Canada Pension Plan:
For more information about the Quebec Pension Plan:
As a claimant of compassionate care benefits, you have rights and responsibilities, as described below.
Your right to appeal a decision
If we decide not to pay you benefits or if we impose an overpayment or a penalty on your claim, we will send you a letter explaining why we have done so.
If you disagree with or do not understand our decision, and you have not had the
opportunity to discuss it with one of our agents, contact us immediately. Have handy all details concerning your claim for benefits, and make sure you provide us with all pertinent information.
If you still disagree with an EI-related decision, you have the right to appeal.
How to appeal a decision
There are two methods available to appeal a decision:
For more information on the Employment Insurance appeals process, contact us:
To help protect the integrity of the EI program, you are responsible for providing accurate information with your claim. Depending on the circumstances, if you knowingly make false or misleading statements, you will likely be fined. In addition, we will record a violation on your EI file. When this happens, you will need to work more hours to qualify for EI benefits in the future.
We understand that mistakes can happen
Mistakes can happen. Claimants can make a mistake when filling out forms. Mistakes can cause a delay in payment or cause an error in the amount of benefits you receive. Contact us as soon as you become aware of the errors, and provide us with the correct information. Under our voluntary disclosure policy, we can waive any penalty or prosecution if the matter is not already under investigation.
Employers who commit fraud—for example, by falsifying or selling a Record of Employment—are also subject to penalties.
To find the Service Canada Centre nearest you, visit our Web site at www.servicecanada.gc.ca or call 1 800 O-Canada (1-800-622-6232; TTY: 1-800-926-9105).