EI For Everyone!
Parents of Multiples Deserve Fair Treatment For Parental Leave
By Stephanie J. Kalinowski
You might remember an article written by Barbara Warner in the June 2009 issue of the Bulletwin, in which she outlined the shortcomings of the Employment Insurance (EI) system when it comes to parents of multiples.
If you’ve already had your babies, you might also remember being asked by the curious whether you got two (or more) maternity leaves. It is true that, for parents of multiples, navigating the world of leave entitlements and EI benefits can be yet one more complication to add to our already complicated world! But perhaps our world is about to become just a bit simpler, due to a recent decision about EI benefits for a parent of twins.
On September 11, 2009, an Ottawa couple won the right to each receive up to 35 weeks of parental EI benefits after the birth of their twins in April. The decision of the Board of Referees is a departure from the way in which Service Canada has been administering parental benefits for the parents of multiples, and could result in what for this group would be a monumental change.
This all arose when the father applied for 35 weeks of EI parental benefits with respect to one of his daughters. His claim was rejected because the mother had already applied for 35 weeks of parental benefits for the other daughter. Service Canada’s position was that the limit is one 35-week parental leave per pregnancy, not one 35-week limit per child.
Nuts and Bolts of EI For Parental Leave
To understand the significance of the decision (which is not binding and, according to Service Canada at the time of writing, under review), let’s take a look at how the EI system normally works for the birth of a single baby. Bear with me through the nuts and bolts – I promise it’ll be worth it – because later we will brainstorm the potential of double EI in all its glorious manifestations. So, under the current EI program, maternity and parental benefits are treated somewhat differently from regular unemployment benefits. You must have at least 600 hours of insurable employment in the year leading up to your claim, which might be more or less than you need to qualify for regular benefits. In addition, the available number of weeks of benefits differs. After a two-week waiting period, during which no EI benefits are paid, up to 50 weeks of EI benefits are payable in relation to a pregnancy/birth of a child. The first 17 weeks are referred to as maternity EI benefits and are only available 8 weeks before the baby’s due date and 17 weeks after the birth of the child. The next 35 weeks are referred to as parental EI benefits, and can be paid to either parent. The parents can also share the parental leave, with one parent taking, for example, 20 weeks, and the other parent take the remaining 15 weeks. You don’t have to serve a second two-week waiting period before the parental benefits begin, as long as the mother served one when she began her maternity benefits.
There can be variations where, due to complications, a mother might also qualify for sickness benefits prior to delivery, but we don’t need to explore those at the moment. Normally the 50 weeks of benefits must be received within the 52 weeks after the child is born, but the period can be extended if the child is hospitalized, which, unfortunately, is a frequent occurrence with multiples. We will also set this aside for the moment.
Families With Multiples Suffer
If you give birth to one baby, the system is fairly solid (setting aside policy issues related to the number of hours of insurable employment needed to qualify, and the amount of the EI benefit itself. But in the world of multiples, the foundation cracks. Two-plus babies means the more help you have, the better, but the current EI system prevents the second parent from staying at home. Is there another option? Yes, but it’s not a financially viable one. The second parent can dig in their heels and stays at home, but the consequence is great: he/she does so without any replacement income, the result of which is a significant financial impact on the family. We all know that infants are expensive, but more than one is really expensive! Add to that the loss of income of both parents, and, it’s not a stretch to say that some families of multiples could be headed for financial disaster.
The significance of the Board of Referees decision for this Ottawa couple is that both parents were able to remain at home for some period of time after their twins were born, and receive some replacement income while they were not working. The Board of Referees did not provide a long or detailed set of reasons. According to the decision, the couple’s twins were born prematurely and “required constant care and attention that would overwhelm one parent alone.” (Sarcasm Alert: Well, no kidding!? My twins were born healthy at 38 weeks without a C-section and even a three-on-two ratio was totally overwhelming). On top of it all, the Ottawa mother had pregnancy complications. The decision also stated, “Due to the delicate nature of the health of the children after birth, outside help was not possible.” The decision also stated, “The Act is to be liberally construed with any ambiguities to be resolved in favour of the claimant.” The Board reviewed the applicable wording of the EI Act and interpreted it to mean, “two claimants making separate claims for separate child [sic] are entitled to make separate 35 week claims.” What does that mean in plain English? That the mother was able to claim and receive up to 35 weeks of parental EI benefits for one twin, and the father was able to claim and receive up to 35 weeks of parental EI benefits for the other twin.
The decision does not address how the two-week waiting period would apply to the parent claiming the second parental benefit period. Presumably, the two-week waiting period would be necessary, limiting the actual number of weeks of benefits to 33. Nevertheless, the ability for the second parent to obtain even 33 weeks of partially-paid leave to be at home to help during those chaotic first few months will be of great relief to many families.
According to Service Canada, which is the federal Government department that administers the EI program, the decision is under review, and they are not changing their practices or any of the information on the web site. Unfortunately, this means that those of you either in the process of making, or soon-to-be making, an EI claim, will likely find that the second parent’s claim for parental benefits will likely be rejected.
When Given A Lemon, Make Lemonade
Given the size of the federal Government’s deficit and the recent pressure on the EI system due to the significant increase in the unemployment rate, there has been talk of an increase in EI premiums. This could mean that the federal Government will be reluctant to agree to a change in practice that will ultimately result in even more benefits being paid out. Of course, this ignores the fact that, if there had been two pregnancies instead of one, two full 35-week parental claims would have been made, plus an additional 15 weeks of maternity benefits. In essence then, the EI system is currently saving money when a family gives birth to multiples! Even if the second 35-week period were added, the system would not be paying out the same amount of benefits as it would with two separate pregnancies.
Does that make your blood boil? The good news is that YOU can do something about this. (See our Make Yourself Heard sidebar, which offers details on contacting government officials. Notice the cut outs along the edges: Snip it out and put it somewhere visible where you won’t miss it - on your fridge, corkboard or on the wall above the change table!) Once you’ve got your MP’s ear, make the most of it and go for gold. Ask for 17 weeks of “maternity” benefits for the parent who didn’t give birth. Only the birth mother can claim these at the moment, but since the parent who didn’t give birth is likely just as involved in the care of newborn multiples, why not?
And how about this: Request that EI benefits be extended to a relative who takes time off work to pitch in at the new parents’ home. Imagine if your sister, mother or father could be partially paid while they helped you out? You’re laughing, right?! Well, guess what? There are already compassionate care benefits available under the EI system for individuals who take time off work to care for an ill family member. Is this really any different or any less important? Parents of multiples know how much help is needed just to survive each and every day. Take 10 minutes to write to the Minister and to your MP. Who knows what might come of this. After all, there is power in “multiples!”
SIDE BAR: If you support the ability of parents of multiples to each make a claim for EI parental benefits do the following – TODAY:
1. Write to your Member of Parliament (MP)
2. Then make a follow-up call and write the MP again
You can find your local MP here:
http://www2.parl.gc.ca/Parlinfo/Compilations/HouseOfCommons/MemberByPostalCode.aspx?Menu=HOC&Language=E
3. Write to the Minister responsible for the EI program, The Honourable Diane Finley, Minister of Human Resources and Skills Development, FinleD@parl.gc.ca. The more people that do this, the more likely it is that Service Canada’s decision will be a positive one for all parents of multiples!
Stephanie Kalinowski is a lawyer and mother to twins Ethan and Evan Morris, now 15-months-old. She wishes EI had been extended to the self-employed in time for HER leave from her law practice!
© Copyright 2009, Hicks Morley Hamilton Stewart Storie LLP