Summary of Issue: Maximum Of 52 Weeks


Decision 70525 Full Text of Decision 70525

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
parental benefits period payable maximum of 52 weeks
Summary:

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

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
parental benefits period payable maximum of 52 weeks
Summary:

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

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
parental benefits period payable maximum of 52 weeks
Summary:

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

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
parental benefits period payable maximum of 52 weeks
Summary:

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

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
parental benefits period payable maximum of 52 weeks
Summary:

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

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