Federal and provincial legislation protects an employee’s right to take maternity leave and outlines the employer’s role in administering benefits during such a leave. The Catholic Independent Schools of Vancouver Archdiocese’s maternity leave policy is accountable to employment-related legislation and at no time reflects rights that are less than those provided by federal or provincial legislation.

The information provided within this document complies with the following governing bodies:

1. Employment Insurance (EI) EI website
2. Employment Standards Act (ESA)
3. Human Resources & Social Development Canada (HRDC)

• Maternity benefits
• Parental benefits

Maternity benefits (as defined by EI)

Maternity benefits are only available to the person away from work because they’re pregnant or have recently given birth and cannot be shared between parents.

The person receiving maternity benefits may also be entitled to parental benefits.

If the actual date of birth is different from the expected date of birth, you must provide this date as soon as possible after your child’s birth. Please contact EI at 1-800-206-7218 from 8:30 am to 4:30 pm and press “0” to speak to a representative. This way, they will be able to determine the most advantageous maternity period to receive the maximum maternity benefits you are entitled to.

Eligibility: (Please refer to the EI website for the most recent and updated information)

The information below should be used as a guideline. We encourage you to apply for benefits and let a Service Canada agent determine if you’re eligible.

You need to demonstrate that:

• you’re pregnant or have recently given birth when requesting maternity benefits
• you’re a parent caring for your newborn or newly adopted child when requesting parental benefits
• your regular weekly earnings from work have decreased by more than 40% for at least one week
• you accumulated 600 insured hours* of work in the 52 weeks before the start of your claim or since the beginning of your last claim, whichever is shorter

*As an example, 600 hours are equivalent to 20 weeks of work at 30 hours a week.

Parental benefits (as defined by EI)

Parental benefits are available to the parents of a newborn or newly adopted child.

You must choose between 2 options:

1. Standard parental benefits
2. Extended parental benefits

Your choice determines the number of weeks and the weekly amount you’ll receive.

If sharing, each parent must choose the same option and submit their application. 

Once you start receiving parental benefits, you cannot change options.

You can receive parental benefits within specific periods starting the week after your child’s date of birth or the date your child is placed with you for adoption.

These periods are:

• Standard parental: within 52 weeks (12 months)
• Extended parental: within 78 weeks (18 months)

**Please check the EI website for the most recent and updated information**

Maternity Leave
Refers to the federally legislative leave provided to the biological mother at the time of the birth of a child. Maternity Employment Insurance (EI) benefits are payable to the birth mother for a maximum of 15 weeks.

Supplemental Unemployment Benefit (SUB) – aka maternity “top-up” benefit
Refers to the supplemental wage-loss support paid to only teachers and principals of the CISVA by the local school as the difference between the Employment Insurance payable and 75% of gross salary. 

Waiting Period
Refers to the one week before Employment Insurance benefits begin payment. Generally, this period is the first week of the EI claim.

If both parents share parental benefits, only one waiting period needs to satisfy. If a 1-week waiting period has been met for maternity benefits, the waiting period for parental benefits will be waived.

Employment Insurance

Standard parental benefit is 55% of average insurable weekly earnings, up to a maximum amount. In 2023, the maximum amount is $650 a week.

Extended parental benefit is 33% of average insurable weekly earnings, up to a maximum amount. In 2023, the maximum amount is $390 a week.

Employment Standards Act

Labour standards legislation provides minimum entitlements for employees on maternity leave and states that an employee is entitled to unpaid maternity leave. While on leave, the individual continues to be an employee. Upon return to work, the employer must reinstate the employee in the prior position or to a comparable alternate position.

Salary increments are to be paid to the employee upon return to work as employees continue to accrue increments on the salary scale grid while on maternity leave.

Pension and Benefits

The Employment Standards Act (ESA) also requires that a member of a pension plan is required to make member contributions under the plan (as the pension plan of the Catholic Independent Schools of Vancouver Archdiocese).  The member who takes a Maternity leave may continue to participate in and accrue benefits under the pension plan for the duration of the approved leave. Employer contributions will also continue during this leave unless the member elects in writing (please refer to the Waiver section found on the Maternity Leave contract) not to participate in the pension plan for the duration of the approved leave.

Under the Employment Standards Act (ESA), Group Insurance benefits also continue accordingly.

• Who is eligible?
• How and where to apply?
• When to apply?
• What information/documents are needed to apply?
• The 1-week waiting period
• How long can you receive maternity and parental benefits?
• How much will you receive?

Who is eligible?

The information below should be used as a guideline. We encourage you to apply for benefits and let a Service Canada agent determine if you’re eligible.
You need to demonstrate that:

• you’re pregnant or have recently given birth when requesting maternity benefits
• you’re a parent caring for your newborn or newly adopted child when requesting parental benefits
• your regular weekly earnings from work have decreased by more than 40% for at least one week
• you accumulated 600 insured hours* of work in the 52 weeks before the start of your claim or since the start of your last claim, whichever is shorter

You can start receiving maternity benefits as early as 12 weeks before your due date or the date you give birth. You cannot receive these benefits more than 17 weeks after your due date or the date you gave birth, whichever is later.

How, and where to apply?

To receive maternity, parental, or sickness benefits, you must submit an EI application online or in-person to your Service Canada Centre. You should apply as soon as you stop working, even if you receive or will receive money when you become unemployed.

You must request your Record of Employment (ROE) from your last employer. If you have your ROE from your last employer, apply immediately. If you did not receive your last ROE, submit your application along with proof of employment — for example, pay stubs. If one or more ROE covering periods prior to your last employment are missing, you must still submit your claim for benefits.

Generally, an ROE must be issued within five (5) calendar days of the interruption of earnings or the date the employer becomes aware of the interruption.

When to apply?

According to the EI website:

“You can start receiving maternity benefits as early as 12 weeks before your due date or the date you give birth. You can receive these benefits more than 17 weeks after your due date or the date you gave birth, whichever is later. A maximum of 15 weeks of benefits is available.

When you apply for maternity benefits, you can also apply for parental benefits. This will save you time later.” 

Source: EI maternity and parental benefits: Apply – Canada.ca

What information/documents are needed to apply?

• Your Social Insurance Number (SIN). If your SIN begins with a 9, you need to supply proof of your immigration status and work permit.
• Record of Employment (ROE) from each job held over the last 52 weeks. If you do not have your ROE after 14 days from your last day of work, you must submit proof of employment such as pay stubs;

• personal identification such as your driver’s license, birth certificate, or passport if you are applying in person;

• your complete bank information, as shown on your cheque, bank statement, or voided personalized blank cheque from your current account;

• a medical certificate indicating how long your incapacity is expected to last if you are claiming sickness benefits;

• the expected or actual date of birth of your child, if you are claiming maternity benefits;

• your newborn’s date of birth, or, when there is an adoption, your child’s date of placement, if you are claiming parental benefits. In the case of an adoption, you also need to provide the name and full address of the agency handling the adoption;

• your detailed version of facts if you have quit or have been dismissed from any job in the last 52 weeks; 

• details regarding your most recent employment: Your total salary before deductions, your salary before deductions for your last week of work – from Sunday to your last day worked, the gross amount received or to be received, such as vacation pay, pension, pay in lieu of notice or lay off and other monies.

The 1-week waiting period

You must serve a 1-week unpaid waiting period before your EI benefit begins to be paid. Generally, this period is the first week of your claim. This is like a deductible for any kind of insurance. On the other hand, if you reopen a claim for benefits in which you have already served a 1-week waiting period, you do not serve another 1-week waiting period.

How long can you receive maternity and parental benefits?
A combination of maternity and parental benefits can be received up to a combined maximum of 52 or 78 weeks.

How much will you receive?

The basic rate used to calculate maternity and standard parental benefits is 55% of average insurable weekly earnings, up to a maximum amount.

For extended parental benefits, this rate is 33% of average insurable weekly earnings, up to a maximum amount.

Benefit calculation:

Eligibility requirements & Benefit Calculations

This benefit is available to ALL CISVA who meet the Employment Insurance Regulations, forming part of these employees’ compensation package.  The top-up is to assist employees who experience wage loss after giving birth.  Please note that if the employee receives post-delivery, Short-term disability benefits, the top-up benefit is not payable during that 4 or 6 week period.

The benefit requires that each CISVA school provide additional financial support to ALL CISVA employees on approved maternity leave by supplementing the standard EI maternity benefit.  According to the information provided by the attending physician on the Maternity Leave Medical Report, the school’s financial support increases the standard EI benefit from 55% (EI rate) to 75% for a period of 6 to 15 weeks.

A sample calculation of the SUB formula is as follows:

EXAMPLE:

Please note that this is a taxable benefit; therefore, it reflects your T4 form.  As a result, this benefit is subject to CPP contribution deductions.

This benefit is not payable during July and August as there is no wage loss during this time. Applicable to 43-week employees only

As required by legislation, pensionable service for a member in the Registered Pension Plan (RPP) of the CISVA will continue to accrue during the approved Maternity leave provided the member indicates in writing that she will continue to make contributions under the plan. Employer contributions to the RPP will also continue during this time.

It is the employee’s responsibility to ensure that they always adhere to the Canadian Income Tax Act regulations. The most that an individual can contribute to their RPP is the lesser of 18% of “earned income” for the current year, to the Annual Contribution Limit set by Revenue Canada.

For your purposes, generally speaking, earned income includes a taxpayer’s income (earned while the taxpayer was resident in Canada) from the following:

• income earned from employment reported on a T4 slip (including maternity top-up payments for eligible CISVA employees)

The employee must take the necessary steps to ensure that she doesn’t over-contribute to the RPP for the applicable tax year.

Contributions are based on the amount of employment income when the approved leave begins and are paid in regular monthly payments during the leave. Pension contributions must be paid entirely before the leave is completed, or the ability to contribute will be lost.

Employees of the CISVA must complete a Maternity Leave Contract and sign-off on the applicable waiver (located on page 2) if they wish to suspend their RPP contributions during their maternity leave.

RPP contributions must be reinstated on the employee’s return to work. The employer is responsible for ensuring that the Benefits Office is informed about the employee’s return to work date. Proper documentation MUST be submitted.

During maternity leave, the employee shall be entitled to the following benefits providing (1) she was normally entitled to such benefits and (2) she pays her share of premiums:

1. Life insurance, Accidental Death & Dismemberment, Short-term and Long-term disability
2. Extended Health, Dental and Critical Illness benefits
3. Pension
4. Medical Service Plan (MSP)

The aforementioned benefits shall continue uninterrupted during the employee’s maternity and parental leave. The employee makes arrangements before commencing the leave to pay their share of the benefit premiums.

IMPORTANT: Before commencing the leave, the employee must provide their employer with post-dated cheques to cover the costs of their portion of the benefit expenses.

See below: