When Alicia Taylor was laid off the week of March 20, she was concerned claiming employment insurance would eat into the maternity leave she was planning to take in May.

“My biggest concern (was) am I losing my maternity leave because I was laid off because of this pandemic?” she said.

However, on March 25, the Canadian Emergency Relief Benefit was announced, and Taylor is now receiving CERB as she waits to apply for maternity leave.

This worked out well for Taylor because she was laid off after March 15. If Taylor had been laid off just a week earlier and claimed EI, she would be getting that benefit instead of CERB and her concerns would be justified.

Receiving CERB does not affect entitlement to maternity and parental benefits, but EI does, said a spokesperson for Employment and Social Development Canada in an email.

Employment experts say navigating this new mix of worker benefit programs could leave some pregnant parents to fall through the cracks.

Lara Speirs, executive vice-president at human resources consulting firm Randstad Canada, and Toronto employment lawyer Madeleine Loewenberg are just two experts who hope the government can iron out the details so that expecting Canadians on EI or CERB don’t have to worry about getting their full maternity and parental benefits when the time comes.

They have identified two ways in which the pandemic could be throwing a wrench in maternity and parental leave plans.

The first problem, says Speirs, is the one Taylor narrowly avoided.

EI, maternity and parental benefits are all administered through the same program. A person is entitled to a total of 50 weeks, regardless of the combination — meaning for every week of EI they take, they’ll get one less week of maternity or parental leave.

“When a person combines regular benefits, maternity benefits and standard parental benefits in one claim, there is a limit of 50 weeks in total,” confirmed the government spokesperson.

The spokesperson also noted that there are options for extended parental benefits. However, Loewenberg pointed out that while you can extend parental leave to get up to 18 months off, you won’t get any more money — you’ll just get less per week.

Regular maternity or parental leave is calculated like EI — 55 per cent of insurable earnings, up to $573 per week, said Loewenberg. If you extend that leave, which is possible for up to six extra months, you’ll get 33 per cent of insurable earnings, up to $344 per week.

So, if someone lost their job because of the pandemic, applied for EI before March 15, and then later applies for maternity leave, they will be eligible for fewer weeks of maternity/parental leave, and less money even if they extend their leave.

Speirs thinks this gap could be fixed by either removing the arbitrary March 15 date, or by allowing parents-to-be already on EI to switch over to CERB.

You’re effectively penalized for being pregnant and for the timing of your layoff, she said.

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Loewenberg understands the government had to set a deadline, but she thinks expecting Canadians in this position shouldn’t lose their benefits because of it.

The second issue, said Speirs, is the fact that depending on an individual’s previous employment situation and when they got laid off, they might lose their eligibility for maternity or parental leave.

“You need to accumulate 600 insured hours of work in the 52 weeks before you start your maternity or paternity claim,” she said.

So, while someone may have CERB to tide them over after losing their income, they might find themselves ineligible for maternity or parental leave when they apply.

The longer someone is on CERB and the fewer hours they worked in 2019, the more likely this will affect their maternity claim, Loewenberg said.

“The weeks of insurable earnings start to fall away the longer you wait from the loss of your employment to the date of your application,” she said, adding that she sees this as a “hole” that has yet to be filled by the government.

There are a few other things expecting Canadians should know if they plan to go on maternity/parental leave, or are just coming off of it, said Speirs and Loewenberg.

Canadians have the option of applying for maternity leave early, within 12 weeks of the expected birth date.

If you were temporarily laid off at first, and then find yourself permanently laid off during your maternity or parental leave, you are entitled to severance by the end of your leave, said Speirs.

And, if you just got off of maternity or parental leave and are now out of work because of COVID-19, you’re eligible for CERB, she said.

Speirs noted that in Quebec — a leader when it comes to parental leave — a parent can pause the maternity or parental leave to go back to work for a brief period of time.

Both Loewenberg and Speirs recommend those waiting for maternity leave should take CERB in the meantime, even though there are a few unanswered questions.