A mother who developed post-traumatic stress disorder (PTSD) during her parental leave won her appeal to extend her Employment Insurance benefit period, allowing her to receive sickness benefits on top of the maximum maternity and parental benefits she had already collected.
The Social Security Tribunal of Canada ruled that L.B. is entitled to an extension that would allow her to receive 15 weeks of maternity benefits, 35 weeks of standard parental benefits, and up to 26 weeks of sickness benefits — more than the typical 52-week benefit period limit.
The case centres on whether L.B.’s benefit period could be extended after she had already received the maximum 50 weeks of combined maternity and parental benefits, which normally marks the end of special benefit entitlements.
The appellant’s circumstances
L.B. established her benefit period on March 5, 2023, and received 15 weeks of maternity benefits from March 12, 2023, to June 24, 2024, followed by 35 weeks of parental benefits from June 25, 2023, to February 24, 2024.
During her parental leave, L.B. experienced two traumatic events and was diagnosed with PTSD. When her arranged leave period with her employer ended, she could not return to work due to her condition. Her doctor indicated she likely would not be able to return to work until September or October 2024.
L.B. applied for sickness benefits on March 4, 2024 — the date she was expected to return to work but could not due to her PTSD.
Commission’s position
The Canada Employment Insurance Commission denied L.B.’s claim for sickness benefits, arguing that her original benefit period could not be extended and that she lacked sufficient insurable hours to establish a new benefit period.
The Commission contended that L.B.’s benefit period terminated on February 24, 2024, once she received 50 weeks of maternity and parental benefits combined. It also argued that because she had not proven her incapacity began during her benefit period, she did not qualify for an extension.
Tribunal’s analysis
The tribunal disagreed with the Commission’s interpretation on multiple fronts.
First, the tribunal found that L.B. had proven her incapacity began during her benefit period. Based on her testimony and medical evidence, the tribunal determined that L.B. was not capable of working as early as September 2023.
The tribunal noted that the medical information clearly stated that one of the traumatic events leading to her PTSD occurred in September 2023. Combined with L.B.’s testimony that some traumatic events predated September 2023, the tribunal found the medical evidence confirmed she was too ill to work at least as early as September 2023.
The tribunal also rejected the Commission’s argument that L.B.’s benefit period terminated on February 24, 2024, after she received 50 weeks of benefits. The tribunal stated the Commission was “confounding the duration of the Appellant’s benefit period with the number of weeks of benefits she could be entitled to.”
Legal framework for extensions
Under the Employment Insurance Act, benefit periods normally last 52 weeks but can be extended under certain circumstances. One such circumstance occurs when a claimant has received more than one type of special benefit but would receive less than their maximum entitlement to at least one type if the payment period ended after 52 weeks.
Maternity, parental and sickness benefits are all considered special benefits under the Act.
The tribunal explained that claimants have three weeks from the week they are claiming benefits to make their claim. Since L.B. filed her sickness benefit claim on March 4, 2024, her claim could be backdated to as early as February 11, 2024.
Benefit period renewal
The tribunal found that L.B. renewed her benefit period by making a claim for sickness benefits, meaning her benefit period did not terminate on February 24, 2024.
Had the Commission converted L.B.’s claim to a sickness benefit claim from the backdated date, she would have been entitled to an extension of her benefit period to collect the maximum allowable weeks of both parental benefits and sickness benefits.
This extension would be permitted because she would have been paid both parental benefits and sickness benefits for less than the maximum number of weeks allowable for each type.
The ruling
The tribunal allowed the appeal and ruled that L.B. is entitled to an extension of her benefit period for 15 weeks of maternity benefits, 35 weeks of parental benefits, and up to 26 weeks of sickness benefits.
The tribunal noted that L.B. would receive “up to” 26 weeks of sickness benefits because if she becomes well enough to work before the 26-week maximum ends, she would be entitled to fewer than 26 weeks of benefits.
The case highlights the intersection between different types of EI special benefits and the circumstances under which benefit periods can be extended beyond the standard 52-week limit when claimants experience overlapping qualifying conditions.
For more information, see LB v Canada Employment Insurance Commission, 2024 SST 1684 (CanLII).
