| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
supplementary unemployment benefits |
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Summary:
The Commission considered that the claimant's maternity leave benefits paid by the Ontario Ministry of Health, who was not her employer, constituted earnings to be allocated under sections 35 & 36 of the EI Regulations. The Umpire, basing his decision on the wording of section 38 of the EIR, found that any payments that are paid, from whatever source, because of pregnancy or for child care and that when combined with benefits under the Act do not exceed the claimant's normal weekly earnings from her employment, are excluded from the definition of earnings under section 35. If this is not the case, only the part (total of E.I. benefits and benefits from other source) that exceeds the claimant's normal weekly earnings is subject to be deducted from E.I. benefits.
