Summary of Issue: Family Member

Decision 76073 Full Text of Decision 76073

The claimant filed an initial claim for compassionate leave, which took effect on April 4, 2010. The claimant received $1.00 on separation as a result of the compassionate leave. On April 9, 2010, the claimant notified the Commission that he would be on holidays outside Canada from April 25 to May 10, 2010. On May 12, 2010, the claimant notified the Commission that the family member in respect of whom compassionate care benefits had been requested passed away on May 8, 2010. The claimant, also asked why his waiting period had not been cancelled, as his employer had paid him $1.00 for compassionate leave as the Commission had instructed them to proceed in that manner. On May 17, 2010, the Commission notified the claimant that it was granting him compassionate care benefits effective April 4, 2010 and that he had to serve a two-week waiting period from April 4 to 17, 2010. The Commission submits that the claimant’s waiting period could not be waived. The appeal by the claimant is dismissed by the Umpire.

Decision 64274 Full Text of Decision 64274

The claimant was not eligible for compassionate care benefits because her grandmother did not fall within the definition of "family member" even though her grandparents were appointed her legal guardians from the time she was five years old. The Umpire stated that section 23.1(1) must be read and interpreted according to the wording provided therein. He concluded that the Board exceeded its jurisdiction and erred in law in its attempt to bend the legislation to bring the grandmother within the definition of "family member".

Decision 63650 Full Text of Decision 63650

The Umpire states he has no discretion to include a sick brother in the definition of family members within the meaning of section 23.1(1) of the Act and confirms the Commission's decision denying compassionate care benefits to the claimant.