Employment Insurance Act — E-5.6 23
Parental benefits 23 (1) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant to care for one or more new-born children of the claimant or one or more children placed with the claimant for the purpose of adoption under the laws governing adoption in the province in which the claimant resides. Election by claimant (1.1) In a claim for benefits made under this section, a claimant shall elect the maximum number of weeks referred to in either subparagraph 12(3)(b)(i) or (ii) for which benefits may be paid. Irrevocability of election (1.2) The election is irrevocable once benefits are paid under this section or under section 152.05 in respect of the same child or children. First to elect (1.3) If two major attachment claimants each make a claim for benefits under this section — or one major attachment claimant makes a claim for benefits under this section and an individual makes a claim for benefits under section 152.05 — in respect of the same child or children, the election made under subsection (1.1) or 152.05(1.1) by the first claimant or individual, as the case may be, to make a claim for benefits under this section or under section 152.05 is binding on both claimants or on the claimant and the individual. Weeks for which benefits may be paid (2) Subject to section 12, benefits under this section are payable for each week of unemployment in the period (a) that begins with the week in which the child or children of the claimant are born or the child or children are actually placed with the claimant for the purpose of adoption; and (b) that ends 52 weeks after the week in which the child or children of the claimant are born or the child or children are actually placed with the claimant for the purpose of adoption. Extension of period — children in hospital (3) If the child or children referred to in subsection (1) are hospitalized during the period referred to in subsection (2), the period is extended by the number of weeks during which the child or children are hospitalized. Extension of period — Canadian Forces (3.01) If, during the period referred to in subsection (2), the start date of a claimant’s period of parental leave is deferred or a claimant is directed to return to duty from parental leave, in accordance with regulations made under the National Defence Act , the period is extended by the number of weeks during which the claimant’s parental leave is deferred or the claimant is directed to return to duty, as the case may be. Limitation (3.1) No extension under subsection (3) or (3.01) may result in the period being longer than 104 weeks. Extension of period — special benefits (3.2) The period referred to in subsection (2) is extended so that benefits may be paid up to the applicable maximum number of weeks referred to in subparagraph 12(3)(b)(i) or (ii) if, during a claimant’s benefit period, (a) regular benefits were not paid to the claimant; (b) benefits were paid to the claimant for more than one of the reasons mentioned in paragraphs 12(3)(a) to (f); (c) the maximum total number of weeks established for those reasons is greater than 50; and (d) benefits were paid for the reason mentioned in paragraph 12(3)(b) but for fewer than the applicable maximum number of weeks established for that reason. Extension of period — reason mentioned in paragraph 12(3)(b) (3.21) The period referred to in subsection (2) is extended by 26 weeks so that benefits may be paid for the reason mentioned in paragraph 12(3)(b) up to the maximum number of weeks if, during a claimant’s benefit period, (a) benefits were paid to the claimant for that reason and the applicable maximum number of weeks is established in subparagraph 12(3)(b)(ii); (b) regular benefits were not paid to the claimant; and (c) benefits were not paid for any reason mentioned in paragraph 12(3)(a), (c), (d), (e) or (f). Extension of period — regular and special benefits (3.22) If, during a claimant’s benefit period, regular b