CDN Mamas - Sick Leave and EI

usernewname · February 2014

We all know Service Canada is ridiculous to get ahold of … so I thought I'd ask here.

For those of you who have taken sick leave or looked into it - do you have to take it right away when receiving medical approval? Or can you delay it until you've worked out notice and decided when the best time to begin the leave? I really want to avoid starting Mat Leave 8 weeks early so I don't reduce the time when LO arrives at the end of Mat Leave. I just want to have all my ducks in a row before I decide to officially leave work early as I am seriously contemplating it.

Thoughts? Thank you

spacepotatoes · February 2014

I'm not sure since I've never done it before but I'm sort of trying to figure out something similar. I may be in a bind with the 600 hour requirement if they do not include hours worked before last May 28th. I got well over 600 hours in last school year, when I had anticipated getting pregnant then, and didn't file an EI claim over the summer in the hopes that those hours may be banked. Now I'm wondering if they look only at the past 12 months and ignore everything else.

If I don't get enough supply days in before May, I could go off a few weeks early so that they'd count more of my hours from last year but I don't know if they'd allow leave to start before the actual EDD/delivery date.

Sorry, I know that's not helpful for your situation but I am also really curious about the answers you get.

usernewname · February 2014

I hope you get your 600 hours! I never understood why it says 400-600 hours online but it seems that everyone needs 600. I hate the Government websites, so uninformative and vague.

I hope to try calling again tomorrow, and if I get some answers I'll let you know

ecinereb · February 2014

As far as I understand the sick leave prior to mat leave the 2 weeks notice is 'if possible' so if your doctor puts you off work you're off then. I'm not sure about when you'd have to start it but I'd assume that if your doctor is telling you to go off you need to do it then not wait.

Your maternity/parental leave then starts when baby is born. I have a friend that did this so if you need more details I could find out.

As far as starting your mat leave it can start anytime before baby, EDD/birthdate doesn't matter. I know people that have started a month early so if you need to do that to get yours hours in it makes sense.

I do know that no matter what you claim can't extend past 52 weeks after the birthdate (unless there are medical complications and then you get another leave added on or you can go back to work while baby is in NICU until released etc).

RachelCA29 · February 2014

I haven't looked into sick leave because I'm not planning to need it, but my understanding is that taking sick leave (i.e. short term disability) before your mat leave wouldn't affect your actual mat leave time. Pregnancy leave is 17 weeks, parental leave is 35 weeks, you apply for and get both (commonly known together as maternity leave). The latest you can start your maternity leave is the day you deliver or your due date, whichever is sooner. You can request to start your leaver earlier, as long as it is approved by your employer, with no medical reason needed.

If you need to go off earlier than your due date, requested leave date, etc. due to medical reasons, that would be short term disability, and my understanding is that taking STD leave would NOT affect the amount of maternity leave you have, it just your STD leave would end the day your gave birth/your due date and your maternity leave would start that day.

This is based on my own research as well as my SIL's experience, she had twins so she was on medically recommended STD leave at 32 weeks and then her mat leave started the day she gave birth at around 37 weeks. She still got her full year of maternity leave.

ETA: to the word "not" which was kind of critical to my sentence.

Lild09 · February 2014

Ditto to above. Not planning on taking sick leave but thinking I won't apply for benefits until mid April as it takes 28 d for you to get your payment and then hipefully I'll have actually had the baby as I'm due the beginning of May.
So confusing!
I've called for the past couple days and 1) my call was dropped 2) they say they can't put me in the wait bc so many calls or 3) it's a 45 min wait to be talked to!
I never had this issue before but meh what can I do? Gonna try yet again first thing tomorrow morning!!

ecinereb · February 2014

Also you can't apply for benefits until you finish work. So if you have vacation etc before you're officially off work that has to be over too from what I understand. Then you're work issues an ROE and you use that to apply.

tjkdlhb · February 2014

From what I understand, after you have used up all of your paid sick leave from your employer, you can access up to 15 weeks of sickness EI prior to the birth of your baby if your doctor deems it medically necessary. I think most OBs are happy to sign you off work when you hit third trimester, because so many people end up with issues spontaneously that can be increased with stress, being on your feet, etc.

The 15 weeks prior to the delivery does not affect the amount of maternity/parental leave you are able to take (15 weeks maternity/35 weeks parental for 50 weeks total) so you could have up to 65 weeks of EI.

Regular maternity leave can start 8 weeks prior to the EDD, but if you don't qualify for sick EI, then you have to go back to work earlier.

ETA: https://www.servicecanada.gc.ca/eng/ei/faq/faq_special.shtml#Who

RachelCA29 · February 2014

ecinereb said:

Also you can't apply for benefits until you finish work. So if you have vacation etc before you're officially off work that has to be over too from what I understand. Then you're work issues an ROE and you use that to apply.

Yes. The few people I know who took maternity leave recently told me not to expect any payments for at least 8 weeks. Partially because our HR department is super slow with this stuff, and also because Service Canada won't start processing anything until your baby is actually born and they get the paperwork from your employer.

usernewname · February 2014

That's what I figured. Once I go approved I would be deemed unable to work. Guess it doesn't make sense to get approval and still work. Just wasn't 100% sure.

Thank you everyone!

tjkdlhb · February 2014

It took me a long time to get payment last time... I think it was 6-8 weeks... but I did get backpay for it.

spacepotatoes · February 2014

I will add my thanks as well! This is way more efficient than calling Service Canada.

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