Summary of Issue: Earnings

Decision 77142 Full Text of Decision 77142

During the claimant’s maternity leave she assisted her husband with the operation of a family business. While she declared no earnings a 50% benefit accrued to her as a shareholder in her husband’s contract trucking business. While she claims she was not performing work, the law is clear she has benefits and interest in the company which constitute earnings within the provisions of the Act and the Regulations. She acknowledged she had an interest in the corporation, which, for the purpose of the Act, is deemed to be earnings and subject to allocation. The appeal by the claimant is dismissed

Decision 33322B Full Text of Decision 33322B

The Commission denied the claim on the grounds that during the period for which the claimant would otherwise be eligible for pregnancy benefits, she was in receipt of severance pay (s.p.) that was allocated to that same period. BOR agreed that the allocation of s.p. to the period in which she would be entitled to pregnancy benefits could be suspended, thereby entitling her to pregancy benefits. Held by umpire that BOR erred in law and that the Commission's position, based on SS.18(5) of UIA and SS.58(5) of UIR, was correct.

Decision 31891 Full Text of Decision 31891

While receiving maternity benefits, claimant was in receipt of temporary total disability payments from Workers'Compensation Board calculated at 12.75 hours. Claimant disentitled to benefits for two days each week. Held that provisions of s.17(3) of theAct properly applied by the Commission.

Decision 21758 Full Text of Decision 21758

Upon termination of employment due to a reorganization of the company, claimant received vacation and severance payments. Feels entitled to 17 weeks of UI. Maternity benefits are not exempt from monies considered earnings and such monies must be allocated and deducted from UI.

Decision 20778 Full Text of Decision 20778

Vacation pay allocated over maternity period, so she lost 3 weeks of benefits. She argues that she should have been notified by the Commission of this provision, also that it is discriminatory in comparison with cases where regular benefit is delayed rather than cancelled.

Decision 17268 Full Text of Decision 17268

Collected 15 weeks ending 29-8. Returned to work 18-9 with 3 weeks' vacation preceding return. Earnings allocated to week 23-8 with resulting overpayment. She was entitled to 15 weeks but only for weeks she did not have other earnings.

Decision 14546 Full Text of Decision 14546

Went on maternity leave on 30-5-86. Vacation pay paid to her in week 29-6-86 and allocated to that week.

Decision 11083 Full Text of Decision 11083

Alleged discrimination since regular claimants are allowed 25% of their earnings while maternity claimants are not. Not sustainable under the Bill of Rights.