Maternity leave pay while on spousal relocation leave?

[u/Previous-Ad-7001]

I am contemplating taking a LWOP due to spousal relocation abroad for (husband moving for professional reasons). My LWOP would potentially last 1-2 years. My husband and I also want a child in the next 1-2 years. I am wondering if If I become pregnant while on LWOP, how would mat leave allowances work? Would I be eligible to receive any $$?

*my collective agreement says I am entitled to a 1-5 years leave for spousal relocation.

[u/HandcuffsOfGold]

Eligibility for maternity/parental allowances is conditional on being in receipt of EI benefits; they are a 'top up' of those benefits.

Eligibility for those benefits requries that you accrue 600 insurable hours of employment in the 52 weeks leading up to your claim. You likely wouldn't have those hours as somebody who is on LWOP and outside the country.

[u/zeromussc → u/HandcuffsOfGold]

You also need to be in Canada to receive EI I believe.

I think you are allowed to go abroad while on parental leave EI, but there were special rules tied that too iirc.

Even so, if OP isn't already pregnant, I don't see how they get the insurable hours while abroad anyway.

[u/Baburine → u/zeromussc]

You also need to be in Canada to receive EI I believe.

Not for special benefits (maternity, caregiver, sickness, etc.)

For regular benefits, it's going to be hard to claim that you are actively looking for full time work if you are outside the country (but it's not impossible), that's why you are under the impression you can't get EI if you are outside Canada.

Even so, if OP isn't already pregnant, I don't see how they get the insurable hours while abroad anyway.

But yeah if OP gets a job abroad, the odds of it leading to insurable hours are very low (some employment outside Canada could be insurable, or OP could work remotely for a Canadian company if they can find an employer who would be ok with this).

EI might extend the qualifying period in the circumstances, but OP should call EI first to be sure...

[u/Previous-Ad-7001 → u/Baburine]

Yea I actually would not be able to work abroad for the first few months of our relocation. Lots to think about. Thanks for your insights

[u/Previous-Ad-7001 → u/zeromussc]

Thats helpful to know thank you!

[u/stolpoz52]

You must be eligible for EI. Would you be eligible for maternity/parental EI while on leave/abroad?

[u/Previous-Ad-7001 → u/stolpoz52]

I believe i would not be eligible, based on what I’ve read here

[u/Sea-Entrepreneur6630]

Couple things here, if you go on LWOP for spousal relocation purposes and you don’t end up qualifying for EI because your working hours are below the 600 required, you will not receive EI for maternity leave, nor would you receive a top up. Secondly, you cannot be on two different LWOP leave types at the same time.

[u/Previous-Ad-7001 → u/Sea-Entrepreneur6630]

Thanks for the clarification, yea the 2 leave types things makes sense

[u/Few-Jury-3529]

i think that is likely a NO if you take LWOP and then a year or 2 later request maternity and parental leave. I believe you have to work a minimum amount of hours with in 52 weeks prior to maternity leave to be eligible for EI.

You could look at timing the pregnancy to align with your spouses relocation. Then take maternity and parental first before doing LWOP.

Not sure who your spouse works for or who you work for but some departments have agreements/ commitments that if common law/married persons who are both government employee for same organization and one is relocated for work the other could be approved for telework in order to keep them together and employed with government. Therefore you could relocate and keep working in current organization then take maternity and parental when time is right.

[u/Previous-Ad-7001 → u/Few-Jury-3529]

Thank you! Unfortunately my spose doesnt work for the governement. Timing the pregnancy does seem like our best option