In order to be eligible for parental benefits, a claimant must have the requisite number of weeks or hours of insurable employment and must suffer an interruption of earnings. The legislation provides that an interruption of earnings occurs at the beginning of the week in which the claimant has ceased to work in order to care for a child and that, therefore, his or her normal weekly earnings have been reduced by more than 40 (forty) per cent.
Section 7 Employment Insurance Act
Section 14 Employment Insurance Regulations
Payments received by a claimant under a leave plan in respect of the care of new born children of the claimant or one or more children placed with the claimant for the purpose of adoption, are considered earnings. An interruption of earnings is therefore deemed not to have occurred, unless the payments from the plan are less than 60 (sixty) per cent of the claimant's earnings. Accordingly, a claimant receiving such payments will not be entitled to parental benefits until payments under the parental leave plan cease.
Paragraph 35(2)(c) Employment Insurance Regulations
Once a claimant has experienced an interruption of earnings (that is, payments under a parental leave plan have expired), he or she must serve the mandatory two-week waiting period.
Section 13 Employment Insurance Act
However, the legislation provides that if a claimant has earnings from a parental leave plan during any time that falls within his or her waiting period, that amount shall not be considered as earnings during the waiting period.
Subsection 39(3) Employment Insurance Regulations
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2009-04-29