S-4.2, r. 5.1 - Regulation respecting certain terms of employment applicable to officers of agencies and health and social services institutions

Section 76.16 Disposition versions

2017-03-29

76.16. An officer who has accumulated 20 weeks of service and who is eligible for the Employment Insurance Plan but who is not eligible for the Québec Parental Insurance Plan is entitled to receive, during the 20 weeks of her maternity leave, an allowance calculated as follows:

(1)  for each week of the waiting period prescribed under the Employment Insurance Plan, an allowance calculated by adding

(a)  the amount representing 100% of the officer’s weekly salary of the officer up to $225; and

(b)  the amount representing 88% of the difference between the officer’s weekly salary and the amount established in subparagraph a;

(2)  for each week following the weeks mentioned in subparagraph 1, an allowance calculated using the following formula:

(a)  by adding

i.  the amount representing 100% of the officer’s weekly salary up to $225; and

ii.  the amount representing 88% of the difference between the officer’s weekly salary and the amount established in subparagraph i; and

(b)  by subtracting from that sum the amount of maternity or parental benefits she receives under the Employment Insurance Plan or would receive after submitting an application for benefits.

The allowance is calculated on the basis of the employment insurance benefits that an officer is entitled to receive, without taking into account the amounts subtracted from those benefits for repayment of benefits, interest, penalties and other amounts recoverable under the Employment Insurance Plan.

However, if a change is made to the amount of the employment insurance benefit as a result of a change in the information provided by the employer, the employer shall correct the amount of the allowance accordingly.

An officer who works for more than one employer shall receive an allowance from each of her employers. In such a case, the allowance is equal to the difference between the amount in subparagraph a of subparagraph 2 of paragraph B of the first paragraph and the amount of the Employment Insurance Plan that represents the weekly salary that it pays proportionate to the weekly salaries paid by all the employers. For that purpose, the officer shall submit to each of her employers a statement of the weekly salary paid by each employer, together with the amount of the benefits payable to her under the Employment Insurance Act (S.C. 1996, c. 23).

Moreover, if Employment and Social Development Canada (ESDC) reduces the number of weeks of employment insurance benefits to which an officer would have otherwise been entitled had she not received employment insurance benefits before her maternity leave, the officer shall continue to receive, for a period equivalent to the weeks subtracted by ESDC, the allowance provided for in subparagraph 2 of the first paragraph as if she had received employment insurance benefits during that period.

Section 76.15 applies, with the necessary modifications.

T.B. 193821, s. 7; M.O. 2011-019, s. 23; M.O. 2017-004, ss. 12 and 17.

2012-09-01

76.16. An officer who has accumulated 20 weeks of service and who is eligible for the Employment Insurance Plan but who is not eligible for the Québec Parental Insurance Plan is entitled to receive:

(1)  for each week of the waiting period prescribed under the Employment Insurance Plan, an allowance equal to 93% of her weekly salary;

(2)  for each week following the period mentioned in subparagraph 1, compensation equal to the difference between 93% of her weekly salary and the maternity or parental benefit under the Employment Insurance Plan that she receives or could receive after submitting an application for benefits, up to the end of the 20th week of her maternity leave.

The allowance is calculated on the basis of the employment insurance benefits that an officer is entitled to receive, without taking into account the amounts subtracted from those benefits for repayment of benefits, interest, penalties and other amounts recoverable under the Employment Insurance Plan.

However, if a change is made to the amount of the employment insurance benefit as a result of a change in the information provided by the employer, the employer shall correct the amount of the allowance accordingly.

An officer who works for more than one employer shall receive an allowance from each of her employers. In such case, the allowance is equal to the difference between 93% of the weekly salary paid by the employer and the percentage of the employment insurance benefit that represents the weekly salary that it pays proportionate to the weekly salaries paid by all the employers. For that purpose, the officer shall submit to each of her employers a statement of the weekly salary paid by each employer, together with the amount of the benefits payable to her under the Employment Insurance Act.

Moreover, if Human Resources and Skills Development Canada (HRSDC) reduces the number of weeks of employment insurance benefits to which an officer would have otherwise been entitled had she not received employment insurance benefits before her maternity leave, the officer shall continue to receive, for a period equivalent to the weeks subtracted by HRSDC, the allowance provided for in this paragraph as if she had received employment insurance benefits during that period.

Section 76.15 applies, with the necessary modifications.

T.B. 193821, s. 7; M.O. 2011-019, s. 23.