Digest of Benefit Entitlement Principles   Chapter 22 - Section 1

22.1.0 Authority

In June 2013, the Employment Insurance (EI) Legislation introduced parents of critically ill children benefits ^{Footnote 1} . Effective December 3, 2017, enhancements were done to these benefits and they have been renamed family caregiver benefits for children. These benefits allow an eligible claimant to receive income support while absent from work to provide care or support for a critically ill or injured child. Individuals are not required to be available for work to receive this type of benefit ^{Footnote 2} .

The legislation provides for the payment of a maximum of 35 weeks of family caregiver benefits for children within a 52 week window ^{Footnote 3} , whether they are paid to one family member, or shared between two or more family members . A claimant can only receive a maximum of 35 weeks of family caregiver benefits for children per benefit period ^{Footnote 4} .

On December 3, 2017, the EI Legislation introduced family caregiver benefits for adults. These benefits allow an eligible claimant to receive income support while absent from work to provide care or support for a critically ill or injured adult. The legislation provides for the payment of a maximum of 15 weeks of family caregiver benefits for adults within a 52 week window, whether they are paid to one family member, or shared between two or more of the critically ill adult’s eligible family members. A claimant can only receive a maximum of 15 weeks of family caregiver benefits for adults per benefit period.

The Act provides for the making of regulations to further define and determine what is care or support ^{Footnote 5} ; who can issue a medical certificate ^{Footnote 6} ; in which situations a longer period than 52 weeks applies ^{Footnote 7} ; when a waiting period can be deferred ^{Footnote 8} ; and prescribing rules when claimants do not agree on the division of weeks of benefits ^{Footnote 9} .

Throughout this chapter, for ease of reference, the expression "family member" is used to describe an approved family member as defined in the Employment Insurance Regulations.

22.1.1 Definition

The legislative authority to pay family caregiver benefits for children reads as follows ^{Footnote 10} :

Despite section 18, but subject to this section, benefits are payable to a major attachment claimant, who is a family member of a critically ill child, in order to care for or support that child if a medical doctor or nurse practitioner has issued a certificate that;

1. States that the child is a critically ill child and requires the care or support of one or more of their family members; and
2. Sets out the period during which the child requires that care or support.

The legislative authority to pay family caregiver benefits for adults reads as follows: Despite section 18, but subject to this section, benefits are payable to a major attachment claimant who is a family member of a critically ill adult, in order to care for or support that adult, if a medical doctor or nurse practitioner has issued a certificate that

1. states that the adult is a critically ill adult and requires the care or support of one or more of their familymembers; and
2. sets out the period during which the adult requires that care or support.