How does EI work for expectant parents?
A: In Ontario, if you are an expectant parent, you generally will have a right to an unpaid leave from work under the Employment Standards Act (ESA) and a parallel right to Employment Insurance (EI) benefits while you are off work.
The length of the ESA leave of absence depends on several factors, including being employed in the job longer than 13 weeks, and whether, for instance, there is a miscarriage or a baby is born. It may help to refer to Ontario’s Guide to the ESA or to get legal advice if you have questions about this.
The EI entitlements are also somewhat complex but can be broken down. Expectant parents, whether they will give birth or adopt, or experience pregnancy complications or a miscarriage, in general should be entitled to EI benefits and should apply within no more than 30 days after stopping work in any case. Delaying the application could result in a loss of benefits, subject to an appeal.
If your pregnancy ends before week 20, you may be entitled to EI sickness benefits. If your pregnancy ends in week 20 or later, you could receive maternity benefits (unfortunately parental benefits would not be available).
If general, you will want to apply for both maternity benefits and parental benefits at the same time. Maternity benefits can last up to 15 weeks. Then, parental benefits will kick in. Parents should keep in mind that if they share parental benefits, extra weeks of EI benefits are available, namely: five extra weeks of standard benefits, or eight extra weeks of extended benefits.
You can chose between standard or extended parental benefits as alluded to above. Standard parental benefits are up to 40 shared weeks total, with a maximum of 35 weeks for either parent and a benefit rate of 55 per cent of the parent’s earnings, or up to a maximum of $668 a week. In other words, if you don’t share with your partner, they are capped at 35 weeks of standard parental benefits for one parent.
If you elect to take extended parental benefits they last longer, up to 69 shared weeks total. but have a lower benefit rate, at 33 per cent of earnings or up to a max of $401 a week.
Again, parents can split the total weeks however you want, but one parent can’t receive more than 61 (extended) weeks as parental benefits, on top of maternity benefits.
Please also note some employers provide additional money to employees on maternity or parental leave. This is called a top-up. Check with your employer to find out if they offer a top-up.
This article was originally published by The Hamilton Spectator.
