Digest of Benefit Entitlement Principles   Chapter 22 - Section 4

22.4.0  Family caregiver benefits with respect to other provisions of the Employment Insurance Act

The impacts of other provisions of the Employment Insurance Act during the payment of family caregiver benefits are covered in the sections that follow.

22.4.1  Fishing claims

Fishers can establish a claim for family caregiver benefits based on their insurable employment in fishing. They will be entitled to family caregiver benefits if they are major attached, meaning they have $3,760 or more, of insurable earnings as a fisher, in their qualifying periodFootnote 1. However, if a fisher has accumulated a violation, more than $3,760Footnote 2 of insurable earnings will be required.

Like other claimants, fishers are entitled to receive special benefits to a maximum of 102 weeksFootnote 3.

[ July 2014 ]

22.4.2  While disqualified or disentitled

The legislation provides that any disqualification will be deferredFootnote 4 or suspendedFootnote 5 during the period that a claimant is in receipt of special benefits, including family caregiver benefits. There is also a provision stating that any disentitlement under sections 31 to 33 of the EI Act will be suspended to allow the claimant to receive any special benefits, including family caregiver benefitsFootnote 6.

[ July 2014 ]

22.4.3  Labour dispute

A claimant who is subject to a disentitlement because of a labour disputeFootnote 7 at his or her place of employment, may have that disentitlement suspendedFootnote 8, in order to receive family caregiver benefits, subject to proving entitlement to those benefits.

Before the disentitlement can be suspended, the claimant must prove that a leave of absence to provide care or support to a critically ill care recipient was approved, or arrangements to be absent from work for this purpose, had begun with the employer, before the start of the work stoppageFootnote 9.

A claimant who is in receipt of family caregiver benefits when a stoppage of work occurs will not be affected by the provisions of the Act relating to labour disputes during the period that claimant is in receipt of those benefits. However, a disentitlement may be imposed when the family caregiver benefits end, if the claimant is unable to resume his or her previous employment, because of a stoppage of work attributable to a labour disputeFootnote 10 .

[ July 2014 ]

22.4.4  Teaching and non-teaching period

A claimant employed in teaching may receive family caregiver benefits during both the teaching and non-teaching periodsFootnote 11 , provided all other entitlement criteria for the payment of these benefits, are met.

[ July 2014 ]

22.4.5  Outside Canada

A claimant who is outside Canada temporarily or permanently, is entitled to family caregiver benefits, for the purpose of providing care or support to a critically ill care recipient, unless their Social Insurance Number has expired. A claimant in receipt of these benefits is not required to prove availability for work, and will not be disentitled for the sole reason of being out of the countryFootnote 12.

[ July 2014 ]

22.4.6  Critically ill family member resides outside Canada

A critically care recipient may not always reside in Canada. A claimant may be required to leave Canada to provide care or support to this care recipient . It will be necessary for the claimant to submit a medical certificate from a medical doctor or nurse practitioner, providing the same information that is required when the critically ill care recipient resides in CanadaFootnote 13.

[ July 2014 ]

22.4.7  Other out of Canada situations and family caregiver benefits

There are other reasons set out in Regulation 55(1) which allow payment of regular EI benefits while outside Canada Footnote 14 . When a claimant is in receipt of family caregiver benefits while outside of Canada, entitlement to those benefits is adjudicated independently from the reasons set out in Regulation 55(1).

For the purposes of parents of family caregiver benefits, while entitlement to these benefits would cease at the end of the week in which the critically ill care recipient diesFootnote 15, claimants may require additional time off to attend the funeral. The existing adjudication principles should be applied in these situations to determine if the claimant could be entitled to regular benefits if the funeral is outside Canada.

[ July 2014 ]

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