| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
otherwise available |
|
|
Summary:
The claimant applied for maternity benefits effective November 25, 2007. She was expecting on December 4, 2007 and confirmed her intention to collect 15 weeks maternity benefits followed by 35 weeks of parental benefits. A year later, on November 24, 2008, she requested sickness benefits from November 20, 2008, producing a medical certificate in support. The employer confirmed the claimant did not schedule a return to work when she went on maternity leave. The position of the Commission is that the evidence in the file supports a finding the claimant did not meet the second entitlement condition under s. 18(b) of the Act, failing to establish she was otherwise available for work in the week of November 17, to 21, 2008. The decision of the Board is set aside and the Commission's ruling is restored.
----------------
