Maternity Supplementary Employment Insurance Benefits (XXXX. (1) Birth mothers who are Regular Employees, Temporary Employees who have completed one year of continuous full-time service, Posted Part- Time or Part-Time Employees, and who are entitled to maternity leave as provided for in Clause 12.2 of the Collective Agreement and who have applied for and are in receipt of Employment Insurance benefits are eligible to receive XXXX Plan payments. Temporary Employees who are working full-time and who qualify for the XXXX plan shall receive XXXX plan benefits to the end of their temporary term of employment or the end of the XXXX plan benefit, whichever comes first.
(2) Subject to the approval of the Employment Insurance Commission, birth fathers or partners of the mother who, due to the death or total disability of the birth mother, have applied for and are in receipt of Employment Insurance maternity benefits are eligible to receive XXXX Plan payments.
(3) The XXXX Plan is intended to supplement the Employment Insurance benefits received by employees while they are temporarily unable to work as a result of giving birth, or as provided for in paragraph 2 above.
(4) The XXXX Plan payment is based on the difference between the Employment Insurance benefit plus any other earnings received by an employee and ninety-five percent (95%) of their gross weekly earnings and is paid as follows:
(a) For the first six (6) weeks, which includes the two week Employment Insurance waiting period; and
(b) Up to an additional eleven (11) weeks will be payable if an employee continues to receive Employment Insurance benefits and is unable to work due to a valid health reason related to the birth and provides the Employer with satisfactory medical evidence.
(5) The Plan meets the requirements of Section 38 of the Employment Insurance Regulations, specifically that, when combined with an employee's weekly Employment Insurance benefit, the payment will not exceed the claimant's normal weekly earnings from employment and an employee's accumulated leave credits will not be reduced.
(6) Income tax rules or regulations may require a payback of Employment Insurance earnings, depending upon the tax rules in effect at the time an employee is receiving benefits. Under the XXXX Plan, the Employer does not guarantee any specific level of earnings but rather are liable only for the payment of the benefit as described above. The Employer, under no circumstance, will be responsible for any paybacks arising from changes to or the application of the tax re...
