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FREQUENTLY ASKED QUESTIONS AND ANSWERS

Are employers required to ‘top-up’ an employee’s EI benefits while on leave?

This question comes up all the time, especially in the context of pregnancy and parental leave, and the answer is no. 

When an employee takes pregnancy/parental/maternity leave, they are eligible to collect employment insurance (EI) benefits while they are off work. This program made news again several years ago when the Trudeau government expanded the program from 12 months to 18 months of coverage, although that simply involved the same amount spread out in smaller payments over a longer period. However, EI only covers a portion of an employee’s earnings, and so some employers will offer a ‘top-up’ amount to support employees financially while on leave. 

These payments are entirely voluntary. Statistics Canada has shown that roughly one-fifth of new mothers in Canada received some sort of EI top-up, with payments more common in some provinces, and usually more common in the public sector. Additionally, these payments often come with terms that the employee must return to work once their leave is done, or else they must repay a portion or all of the additional money. This may be an effective strategy to ensure workforce stability and build corporate loyalty, but many employers will simply be unable to afford a top-up while also paying a new contract employee to fill the role.

Employers can assess their finances and standard market practices to see if offering a top-up program is right for them, but they are not required to do so.

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