Summary of Issue: Period Payable

Decision 67910 Full Text of Decision 67910

Overpayment created due to non-entitlement to deferral of waiting period as he was the sole claimant and due to erroneous beginning of parental benefits period by one week (claimant reported date of birth as week before week of actual birth).

Decision 16706 Full Text of Decision 16706

Placement occurred in Sri Lanka while claimant was there on paid leave from work, so she collected UI for 12 weeks instead of 15.

Decision 16170 Full Text of Decision 16170

Claimant picked up the child 12-6 and was on vacation from then on to 7-7. Claim filed 10-7 and she received 11 weeks of adoption benefits. Vacation period would have been delayed had she known. Act clear that benefits end 17 weeks after child placed with claimant.

Decision 14394 Full Text of Decision 14394

Following enquiry from Commission, husband took leave for 1 month and made no claim. Claimant took leave as of following month, so lost some 4 weeks of benefit. Law to be applied as stated by Parliament, not as described by Commission officer.

Decision 13122 Full Text of Decision 13122

Child placed for adoption on 18-7. Leave with pay until 6-9. Benefits then paid up to 16-11. The Act is quite clear that the claimant is entitled to these benefits for only 17 weeks after the child is placed.

Decision 12587 Full Text of Decision 12587

Claimant delayed her return to work [following misadvice by CEIC] that she could collect a further week. The Act is reasonably clear: benefits payable for a 17-week period... An officer's misadvice cannot change the law.

Decision 11015 Full Text of Decision 11015

Child placed with claimant on 29-6. Claimant on vacation leave from employment until 23-7, then applied for and collected 12 weeks' benefits. Under 20(2)(a) the period commences in week child placed and terminates 17 weeks after.

Decision 10584 Full Text of Decision 10584

Claimant on vacation with pay the first 4 weeks following adoption and, therefore, lost 4 weeks' adoption benefits. Ignorance of law is no reason for Commission to avoid the application of the clear and unambiguous provisions of the Act.

Decision 70525 Full Text of Decision 70525

The claimant applied for maternity/parental benefits on May 12, 2006. Although the claimant's last day of work was May 12, 2006, she was paid a day of annual leave on May 15, 2006. The claimant needed that day of employment to have accumulated the 600 hours of insurable employment required to establish a claim for maternity/parental benefits. Claim established beginning May 21, 2006. The claimant's baby was born May 13, 2006. She received 15 weeks of maternity followed by 34 weeks of parental benefits. This took her to May 12, 2007 after which she could not receive any further parental benefits pursuant to paragraph 23(2)(b) of the Employment Insurance Act which states that a claim for maternity/parental benefits cannot extend beyond 52 weeks from the birth of the child in regard of which the benefits are paid.

Decision 63069 Full Text of Decision 63069

The claimant did not apply for parental benefits when he could have because his employer was short-staffed. The claimant was only entitled to 20 weeks of parental benefits. Benefits under subsection 23(2) of the Act are payable for each week of unemployment in the period that begins with the week in which the child is born and ends 52 weeks after that week. The Umpire concluded that the law is quite clear and that the claimant's benefits would have ended in June of 2004 regardless of when he applied for benefits.

Decision 24858 Full Text of Decision 24858

Claimant went back to work after being paid 8 weeks of parental benefit. She filed again just after termination of her benefit period established a new benefit period. The last 2 weeks of parental benefits within the 52 weeks following child's arrival at home fell in the new waiting period.

Decision 24410 Full Text of Decision 24410

Claimant's child arrived home in 3-90. Claim filed in 1-91. Following the waiting period, benefits were paid for 7 weeks, i.e. until the 52 weeks elapsed following arrival at home. The Commission's notice led claimant to believe that she would be entitled to10 weeks of benefits.

Decision 24043 Full Text of Decision 24043

A maximum of 52 weeks after the week in which the new-born child arrived at home applies pursuant to para. 20(2)(b).