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Original Message
"Couple expecting twins denied separate leaves"

Posted by byoffer on 12-02-08 at 12:26 PM
This will make more sense to the Canadian peeps, since our maternity and parental leaves are so much longer than for US peeps.

In Canada the government-run employment insurance pays for 35 weeks of benefits when a child is born. Those 35 weeks can typically be shared by the mother or the father (there are some rules about this).

The article below is about a family expecting twins, and wanting to have each parent claim the full benefits because of the multiple births.

He lost me when the basis of the double claim was if two parents must stay home to attend to the additional needs of two or more infants. Does this mean more insurance benefits for those who don't have extended family to support? Because I think that even for single births many parents lean on their support network. What about the parents of a handicapped child? They could easily argue for extended insurance leave.


So what do you think?


Here's the full article:
Couple expecting twins denied separate leaves
The Globe and Mail

When his first child is born in May, Christian Martin intends to take a full paid parental leave. Mr. Martin's wife, Paula Critchley, intends to take a full paid parental leave when their second child is born – minutes later.

But because the Ottawa couple are expecting twins, and their children will not be born years apart, they've been told by Service Canada officials they must share the 35-weeks paid parental leave afforded most Canadian parents.

Shortly after receiving the baby news Mr. Martin began researching the employment insurance benefits he and his wife would be entitled to. The children will be their first and, after talking to friends with twins, they were warned that they would need all hands on deck.

“The people that I've been talking to that have twins have been saying that it's a lot harder to have two than one,” Mr. Martin said.

To Mr. Martin's understanding, the law seemed to afford them both full paid parental leaves, but when the couple met with Service Canada officials they were told they would be denied because, for the purposes of EI, multiple births are treated as a single child.

The couple are seeking legal counsel. They have the support of the Multiple Birth Families Association of Ottawa and have sent a letter to Human Resources Minister Diane Finley.

The Employment Insurance Act does stipulate that a single claimant is not allowed additional benefits for multiple births, but it does not specifically address multiple claimants making claims for multiple births.

Mr. Martin acknowledges that because EI is meant to compensate parents for lost income, not for the cost of caring for the children, parents shouldn't receive extra benefits for multiple births. He argues, however, that if two parents must stay home to attend to the additional needs of two or more infants, two incomes are lost, and therefore two full parental leaves are only equitable.

“The whole purpose behind the EI system was to allow parents to stay home during that first year to care for their children,” he said. “And what I'm asking for is just equal consideration to someone who has just one child; they're allowed to stay home to take care of their child.”

Mr. Martin's a researcher and Ms. Critchley's an engineer, and they will lose income whether or not Service Canada decides they are both entitled to full benefits.



Table of contents

Messages in this discussion
"RE: Couple expecting twins denied separate leaves"
Posted by MKitty on 12-02-08 at 01:29 PM
wow...that could really open a can of worms! Yes, the scenarios you give, other children at home, special needs kids, etc...the list could go on! Not to mention that many people now have twins or triplets by choice now... due to fertility drugs...so would that automatically allow them a double or triple parental leave? Hmmm...this case should be interesting to follow to see what kind of legal outcome results from this.



Seasonal CATastic courtesy of Agman!


"RE: Couple expecting twins denied separate leaves"
Posted by Maroonclown on 12-02-08 at 02:07 PM
I think the actual language of the legislation needs to be looked at. Unless there is a specific reference to how much time needs to pass between sprogs then, and I am ethically opposed to this, they would be entitled to take their weeks per sprog.



"RE: Couple expecting twins denied separate leaves"
Posted by byoffer on 12-02-08 at 02:51 PM
Sprog?? Your maternal instincts make me laugh.


"RE: Couple expecting twins denied separate leaves"
Posted by Maroonclown on 12-02-08 at 04:52 PM
Your maternal instincts. . .

Surely, you mean "lack thereof"



"RE: Couple expecting twins denied separate leaves"
Posted by PepeLePew13 on 12-02-08 at 02:11 PM
LAST EDITED ON 12-02-08 AT 04:04 PM (EST)


I'll have to ask Pene about this when she gets home - she knows a thing or two about Service Canada and their departments.

Edited now that she's home...

They did talk about this case at her work, and she said all they can do is to follow the letter of the law which clearly states that only 35 weeks total can be taken on leave whether it's shared/together/alone, regardless of how many babies they've got poppin' out. It's out of Service Canada's hands -- if there are going to be changes to this, the government will have to pass a bill to change or amend it. Pene's work do understand their point, but that's how things are set up. Where do you draw the line? Triplets? Sextuplets?

Some people were making the point that you could take the births separately and spread them one year apart, you'd have two leaves of 35 weeks each, but it's still the same thing - both parents can't be on leave together for more than 17.5 weeks max. (or take 25 weeks for one spouse and 10 for the other, etc.).

It is what it is. The law is there and their twins are healthy, so they get 35 weeks total for the two of them. They're not gonna win the case.


"RE: Couple expecting twins denied separate leaves"
Posted by LostAddict on 12-02-08 at 02:15 PM
First, I think they should be able to take multiple leaves for multiple births.

Second, I looked up our FMLA (Family Medical Leave Act) to see how it works. It's the same. You can not take multiple leaves for multiple births. In fact, since my husband and I work for the same employer we have to COMBINE our 12 weeks of leave. That is federal law.


"RE: Couple expecting twins denied separate leaves"
Posted by Snidget on 12-02-08 at 02:24 PM
Get a reality TV show, that should cover all the costs.

I guess I'm cold hearted or something, but I don't see where two babies mean two adults have to be home full time to care for them. I mean back in my day when the woman was almost always home all the women in my neighborhood managed to deal by themselves while Dad was at work.

I could see there might need to be some exemption for extraordinary circumstances where one adult can't be expected to deal with that many infants at once. I mean even daycare in the US say that you only need one adult for up to 4 infants. So I don't see if you can justify two or more babies requires 2 or more full time adults.

So if they were having triplets would the gov't have to pay an aunt or a grandmother to stay off work for 35 weeks so they could have three adults in the house 24/7?


"RE: Couple expecting twins denied separate leaves"
Posted by byoffer on 12-02-08 at 02:50 PM
back in my day

First off, I am not calling Snidget old!!

But there is one big difference between today and yester-year, and that is the availability/location of extended family. People move around so much that I far fewer new parents have easy access to family help than in the past.

This would be greatly offset by all of the convenience products that are available today, such as disposable diapers and packaged baby food.

I still don't agree with this family that both should be off for the whole time. If they think 2 newborns is tough, wait until they have 2 toddlers running in opposite directions!!


"RE: Couple expecting twins denied separate leaves"
Posted by Snidget on 12-02-08 at 03:01 PM
Well back when I was a kidlet most of the people in my subdivision were part of the moved to another city type of situation and weren't living on the next farm over from aunts and uncles.

My Grandparents didn't have a lot of extended family seeing as they immigrated to Canada from Europe. Now I know some of my Grandfather's family were also in the area, but even a few miles away really limited babysitting visits back when you let the horse do the driving.


From the Bah Humbug Shop of Agman


"RE: Couple expecting twins denied separate leaves"
Posted by frodis on 12-02-08 at 03:38 PM
I guess I'd feel a little more supportive of their claim that both parents "must" stay home to take care of the children if there were special needs or more than two babies. Twins just aren't that uncommon and while they do require more work than a single newborn I don't think it's enough to justify two full time caregivers.

I have to admit that I look at this a bit cynically from my United States perspective, since to me it looks like they're trying to take extra advantage of what is already a really good thing. 35 weeks of paid leave is incredible compared to the 12 weeks of unpaid leave that we get. I'm tempted to tell them to just suck it up.



Arkie Autumn Art!


"RE: Couple expecting twins denied separate leaves"
Posted by PepeLePew13 on 12-02-08 at 03:54 PM
LAST EDITED ON 12-02-08 AT 04:06 PM (EST)

Question... no pay at all for parental leave? Meaning if you're really tight on money, it means you literally would have to go back to work a mere week or two after giving birth?

Edited to add here: Pene was telling me about the few months she lived in Minnesota when her first child was born. Got zero, zip, nada help from the government while she was living in the U.S., then when she moved back to Canada after her then hubby was done with school, poof, government money was there. Now, back to the normal post...

Here, the 35 weeks off for parental leave (plus you could get an extra 15 weeks mat leave) is at normal EI rates, which is about 55 percent of your pay or up to $435 a week. So from the story, it sounds like they both potentially have high end jobs so I'd think they would lose a lot. They would have more money if one of them stayed home and the other went to work - I'd bet that hiring part time help to take care of the kids would still be cheaper than the total loss of income from both of them being on EI. So... I'm not sure why they both want to stay home and live off EI.


"RE: Couple expecting twins denied separate leaves"
Posted by samboohoo on 12-02-08 at 04:05 PM
Honestly, I think it could depend on where you work.

When I was pregnant, I planned to take the standard six weeks off. However, I had short-term disability insurance through AFLAC. It covered me being out for six weeks - and being paid for it. Without that insurance, I would have been paid for any vacation and sick leave I had and then taken the rest off unpaid.

There is also the Family Medical Leave Act, which I'm certain guarantees that you cannot lose your job, but it does not provide that you are paid for being out.

I have a co-worker who apparently had maternity leave through her old health insurance policy, which paid for her to be out of work for six weeks post-delivery. She "assumed" that was included in our helath insurance plan here, and she declined the short-term disability. She ended up being out six weeks - all unpaid. Granted she didn't "have" to take six weeks.

Perhaps my opinion is because I'm not used to it. Or perhaps it's the "cold compassionless Republican" side of me talking. But I think 35 weeks of paid leave is somewhat excessive. I don't mean to sound like an aras about it, I just don't think I agree with it - especially at a cost to everyday taxpayers.

Tis the season.



"RE: Couple expecting twins denied separate leaves"
Posted by PepeLePew13 on 12-02-08 at 04:12 PM
Yeah I totally see your point and understand why you feel that way. You're not gonna like this next bit then ... rumour has it that there's the possibility of legislation to expand this 15 + 35 week plan to two years.

Under this plan, you could pop out 6 or 8 babies and be on mat leave virtually non-stop for the next decade and half! (Of course, I'm reminded that you would have to work for 600+ hours in between babies in order to qualify again for another two years of mat leave, as is the current system for qualifying for another 15 + 35 weeks). Shhh, don't let the Duggar family hear about this...


"RE: Couple expecting twins denied separate leaves"
Posted by samboohoo on 12-02-08 at 08:38 PM
Two years! Wowza.

Tis the season.



"RE: Couple expecting twins denied separate leaves"
Posted by frodis on 12-02-08 at 04:44 PM
No pay at all.

I am not an expert in FMLA, because it didn't apply to me. (My company has less than 50 employees and I'm considered a high-level, "key" employee so even if we had more than 50 employees I still wouldn't qualify.)

However, in general, you can take up to 12 weeks unpaid leave to care for a newborn. If you have to take time off before delivering said newborn (say, for pregnancy complications) that time counts against the 12 weeks. What FMLA guarantees is that your employer has to give you the time off (if you qualify) and that your employer has to take you back when the 12 weeks are up, with no cut in position or pay.

Boo is correct that it depends on where you work - maternity benefits are a negotiable benefit that your employer can offer you (or not.) You might get paid at a percentage of your salary for a period of time, or you might qualify for health insurance based benefit of short term disability or other source of income during the time off you take to have a child. AFLAC (supplemental insurance) does have a maternity benefit where you get some money from them for having a kid, but your employer needs to offer that to you as a benefit in the first place. Other ways that people bridge the gap is by putting savings away into flexible spending accounts through health insurance or bank accounts.

Basically, you need to know up front what you qualify for before deciding to take your 12 weeks (or 6 weeks, or whatever.) Then, you need to have a plan for what you're going to do for that time off without income. It's not easy, especially when the bills for whatever insurance didn't cover start rolling in.

I do not personally know any families whereupon the birth or adoption placement of a child, both parents took 12 weeks off. One parent might take the full allotment of government-protected time off (12 weeks) without pay while the other takes a week or two of paid vacation time and then goes back to work. I'm sure some people have done it, but I don't know anyone who can go three months without income.

Also, your employer can require that you use any accumulated paid time off (vacation, comp days, sick, etc) first. So you might come back after your leave and have nothing in the time-off bank for the rest of the year.

I was fortunate to have full paid leave, on the condition that I was available anytime for consultation, conference calls, small projects, etc. during my leave. My employer and coworkers were extremely considerate and only called me when it was absolutely necessary but they would have been able to do so at any time. It was fine with me and I was extremely happy with the arrangement. Mr. Fro took three weeks of his paid time off and then went back to work full time, and has barely taken a day off since.


Arkie Autumn Art!


"RE: Couple expecting twins denied separate leaves"
Posted by Starshine on 12-02-08 at 04:56 PM
available anytime for consultation, conference calls, small projects,

I am assuming there were a few hours in there that you were not taking calls



"RE: Couple expecting twins denied separate leaves"
Posted by frodis on 12-02-08 at 05:06 PM
Nope. Any time they were working they were welcome to call. I couldn't always guarantee my geniality but I was available. .

They could have called at 2am. I was up anyway.



Arkie Autumn Art!


"RE: Couple expecting twins denied separate leaves"
Posted by Starshine on 12-02-08 at 05:10 PM

And during labour?


"RE: Couple expecting twins denied separate leaves"
Posted by frodis on 12-02-08 at 05:18 PM

Arkie Autumn Art!

Voicemail.


"RE: Couple expecting twins denied separate leaves"
Posted by samboohoo on 12-02-08 at 08:42 PM
We have fewer than 50 employees as well, so I wasn't completely sure about how FMLA worked.

I ended up lucky with AFLAC. We started in January. Technically, we weren't supposed to "deliver" within the first 10 months, so no deliveries before November 1. Conner arrived on October 29, and I had to send proof that he was early. My ultrasounds sufficed. Also, I ended up receiving more money than I paid into it. Plus I had four weeks of time off paid from work - accrued sick days.

Tis the season.



"RE: Couple expecting twins denied separate leaves"
Posted by samboohoo on 12-02-08 at 03:59 PM
This is my thinking as well. I have more questions that I'll post elsewhere.

Also, since they have no children right now, how can they say that 2 is really harder than 1. They don't really know.

Tis the season.



"Question"
Posted by samboohoo on 12-02-08 at 04:09 PM
Am I understanding this correctly?

35 weeks, which amounts to about eight months is given to a working parent/working parents when a child is born.

So is it just 35 weeks total per household? So either one could take the entire 35 weeks or both could split the 35 weeks?

What about a household where mom is already at home? Would the dad then get to take 35 weeks and both be home?

Tis the season.



"RE: Question"
Posted by PepeLePew13 on 12-02-08 at 04:15 PM

>So is it just 35 weeks
>total per household? So
>either one could take the
>entire 35 weeks or both
>could split the 35 weeks?

Yes (per claim - what if they split up shortly after or before birth, so they needn't be in the same household), and yes.


>What about a household where mom
>is already at home?
>Would the dad then get
>to take 35 weeks and
>both be home?

Yep.


"Clarification"
Posted by samboohoo on 12-02-08 at 08:39 PM
LAST EDITED ON 12-02-08 AT 08:40 PM (EST)

Sorry. I meant that the mom was a Stay-At-Home mom? Still apply for dad?

I find this all interesting. And not completely bad. Again, it may be that I'm just not used to it. There is a part of me that is torn, but I just think ultimately it's a tremendous load for the taxpayer.

Tis the season.



"RE: Clarification"
Posted by PepeLePew13 on 12-02-08 at 08:51 PM
Yes, the father can apply for parental leave if he's worked full time (600+ hours) if his wife is a stay-at-home mom.

"RE: Clarification"
Posted by frodis on 12-02-08 at 09:36 PM
Is that 600 hours in one year (12 months) or a shorter time period?

For comparison, FMLA requires 1250+ hours in 12 months to qualify for the 12 unpaid weeks. That's considered full time.



Arkie Autumn Art!


"RE: Clarification"
Posted by PepeLePew13 on 12-05-08 at 08:06 PM
In one year.

For parental benefits, it doesn't matter how many hours you've worked in the past 52 weeks as long as you've reached 600 or more - you'd qualify for parental leave. The rules are quite different for "regular" employment insurance, but that's a separate thread discussion.


"RE: Clarification"
Posted by Capn2patch on 12-02-08 at 09:03 PM
but I just think ultimately it's a tremendous load for the taxpayer.

Incredible isn't it. I mean to expect the government to be your caretaker.


"RE: Couple expecting twins denied separate leaves"
Posted by newsomewayne on 12-04-08 at 08:26 AM
Geez, what's next? Special parking spaces in front of Target?


This is me, beating a dead horse.


"RE: Couple expecting twins denied separate leaves"
Posted by true on 12-04-08 at 08:32 AM
lol.

They'll probably want 2 parking spaces. The extra stroller takes up a lot of room.


"RE: Couple expecting twins denied separate leaves"
Posted by cqvenus on 12-05-08 at 12:19 PM
i think it's so great that you guys get such wonderful benefits.

i got 6 weeks unpaid.

hm what else did i get as a bonus?

a superintendent who later eliminated my job b/c there wasn't any money in the budget (which many around me interpreted as her being p!ssed b/c she had to pay a retired teacher over $200/day for those 6 weeks b/c she couldn't find anyone certified in my subject area to accept the $60/day wage she normally pays substitutes)

as an ADDED bonus, i also got the inconvenience of having to call my principal every.single.day to come up and sit with my class for 15 minutes b/c he was the only one available to cover me while i pumped breast milk! oh! it was so great!

if it makes you feel any better, we here only get 6 weeks per birth, so if someone had twins, she wouldn't get 12 weeks, just the 6. and i think they generously up it to 8 if the baby is cut out of you.

cq
-- can't wait for obama's healthcare to kick in


"RE: Couple expecting twins denied separate leaves"
Posted by grit on 12-05-08 at 08:19 PM
Now if this couple only had 1 child the first time around (instead of twins) then had a second child later on, they wouldn't both get 35 weeks off (because 2 children are more work than 1). Why do they think they are both entitled to 35 weeks each just because they're having twins? Yes, twins are more work than singles, but I don't think that they are double the work.

My girls are almost 14 months apart. In some ways that was more difficult than twins because they had different needs at the same time. Yet somehow I muddled through. And if I had my husband home for 35 weeks, I would have had 3 kids to take care of and I would probably have been widow before the girls started school.


a berry nice sigpic from agman