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January 06, 2004
FOR IMMEDIATE RELEASE
04-01
TORONTO, ONTARIO - The Honourable Joe Volpe, Minister of Human Resources and Skills Development (HRSD), today announced that the Compassionate Care benefit is now available for Canadians who are eligible for Employment Insurance (EI).
"The Government of Canada believes that Canadians should not have to choose between their job and caring for their family during a serious medical crisis," said Minister Volpe. "The Compassionate Care benefit will allow eligible Canadians to deal with these serious family issues."
Compassionate Care is a special benefit of Employment Insurance that provides temporary income support for eligible workers who have obtained the necessary medical certificate and who take leave to provide care or support for a family member who has a significant risk of death within six months.
The program was designed to be flexible and can be shared with other EI-eligible family members. "We want to provide families with more choices to decide how they can best provide quality care for the gravely ill family member," said Minister Volpe. Eligible workers can claim the benefit to care for a spouse, a child, a parent or a common-law partner.
At the same time, the Canada Labour Code has been amended to provide eight weeks of job protection for federal employees covered by Part III of the Code who take Compassionate Care leave.
"We are committed to work-life balance and making federally regulated workplaces more responsive to workers' needs," said the Honourable Claudette Bradshaw, Minister of Labour and Minister responsible for Homelessness.
The Compassionate Care benefit, one of the first of its kind in the world, is a complement to the EI Parental benefit set up in 2000, which allows parents to take up to a full year of leave for a newborn or adopted child.
Full details of the Compassionate Care benefit and regular updates are available on our website at www.hrsdc.gc.ca/ei.
See attached backgrounder for details.
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For more information:
Press Secretary
Minister Volpe's office
(819) 953-2353
Media Relations Office
Human Resources and Skills Development
(819) 994-5559
BACKGROUND INFORMATION
THE EMPLOYMENT INSURANCE COMPASSIONATE CARE BENEFIT
The Budget Bill 2003 included the announcement of a new Employment Insurance (EI) benefit called the Compassionate Care benefit.
As of January 4, 2004, the Employment Insurance (EI) Compassionate Care Benefit is available to EI-eligible workers who must be absent from work to provide care or support to a child, parent, spouse or common-law partner who has a serious medical condition with a significant risk of death within six months.
To be eligible for the new benefit, workers must have worked 600 hours or, if a self-employed fisher, $3,760 in fishing income.
The new benefit could be paid in relation to caring for one of the following gravely ill family members:
a spouse or common-law partner;
a parent;
the spouse or common-law partner of a parent;
a child; or
a child of the spouse or common-law partner.
As well, a Medical Certificate for Employment Insurance Compassionate Care Benefits from an attending doctor or, where applicable, medical practitioner will be required. The certificate must indicate that the ill family member has a serious medical condition with a significant risk of death within 26 weeks (six months) and that the ill family member requires the care or support of one or more family members.
For Employment Insurance benefit purposes, care or support is defined as:
providing or participating in the care of the patient, or
arranging for the care of the patient by a third-party care provider,or
providing psychological or emotional support to the patient.
The Benefit can be taken by one individual or shared with other EI-eligible family members if they fit the relationship described above. For example, the six weeks can be shared between a brother and sister to care for a parent or the six weeks can be taken by one or the other-it's up to the family members to decide. Also, the Benefit can be taken at the same time or in different weeks.
A 26-week (six months) "window" in which the Benefit's six weeks can be taken will be applicable. The window will cover the 26-week period identified by the doctor during which there is a need for one or more family members to provide care or support to the gravely ill family member. Within those 26 weeks, the family members can decide on how, when and by whom the 6 weeks should be taken.
The new benefit will also be available to EI-eligible workers if the gravely ill family member (as described above) does not live in Canada. The same eligibility rules will apply.
As with other EI benefits, there will be a waiting period of two weeks (over and above the Benefit's proposed six weeks). When the Benefit is shared, the first family member who applies will have to serve the waiting period. If two or more family members apply at the same time, they must decide who will serve the waiting period.
Job Protection
Part III of the Canada Labour Code, which applies to employers and employees in workplaces under federal jurisdiction, has been amended so that employees are entitled to up to eight weeks of compassionate care leave and job protection beginning January 4, 2004.
Federal employers may not dismiss, suspend, lay off, demote or otherwise discipline an employee for taking compassionate care leave or take this into account in any decision to promote or train the employee.
An employee who takes a period of compassionate care leave must be reinstated in his or her former position, or be given a comparable position in the same location and with the same wages and benefits.
Some provincial/territorial labour codes currently provide some job protection for workers for this type of family situation.
Effects on Employers
The absence of adequate supports for work-family balance is costly to business and results in greater absences, reduced productivity and, in some cases, the loss of valuable employees. Business often bears some of the cost of employees who are trying to balance workplace/family responsibilities when caring for a gravely ill family member. The flexibility for claimants that has been incorporated in the new benefit (i.e., sharing the Benefit and working while on claim) is responsive to business and accommodates its ability to retain a skilled work force.
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