Summary of Issue: Arrival At Home

Decision 53893 Full Text of Decision 53893

Claimant's baby was placed in the Neonatal Intensive Care Unit for 3 months and claimant was unable to take her daughter home until Jan. 8, 2001. Submitted she should be given 35 weeks, not 10 weeks. Argued that the legislation should be interpreted in the same way that the legislation is interpreted for adoptive parents. The triggering event for an adoption is the day the child is placed in the adoptive parent's hands and since her baby was released from the hospital on Jan. 8, 2001, she should be entitled to 35 weeks. Argument rejected. The language of the legislation is clear. The triggering event for entitlement to 35 weeks of parental leave is the birth of the child, not when the child was placed in the parent's hands.

Decision 47219 Full Text of Decision 47219

Two infant brothers were placed in the claimant's home with the purpose of adoption. Theodore was placed on March 25, 1998 and his brother's placement took place four days prior. Commission ruled that the placements were made at substantially the same time and comprised, therefore, a single placement. The BOR concluded that the placements four days part were separate placements and separate adoptions. Error in law ruled the Umpire. The four day period is not a significant period of time and it must follow that the two placements were made at substantially the same time.