Earnings in the Waiting Period
39. (1) If a claimant has earnings in respect of a period that falls in the claimant’s waiting period, an amount equal to those earnings or, if paragraph 19(3)(a) or 152.18(3)(a) of the Act applies in respect of those earnings, the amount required by that paragraph to be deducted, shall be deducted from the benefits payable for the first three weeks for which benefits are otherwise payable.
(2) The maximum amount to be deducted under subsection (1) in respect of a claimant's earnings for any one week in the claimant's waiting period is an amount equal to the claimant's rate of weekly benefits.
(3) For the purpose of calculating the earnings of a claimant during the waiting period, no account shall be taken of amounts paid or payable
(a) under a wage-loss indemnity plan by reason of illness, injury, quarantine, pregnancy, the care of a child or children referred to in subsection 23(1) or 152.05(1) of the Act or the care or support of a family member referred to in subsection 23.1(2) or 152.06(1) of the Act, or under a workers’ compensation plan; or
(a.1) as an indemnity described in paragraph 35(2)(f); or
(b) by an employer in respect of sick leave, maternity leave or adoption leave, leave for the care of a child or children referred to in subsection 23(1) or 152.05(1) of the Act or leave for the care or support of a family member referred to in subsection 23.1(2) or 152.06(1) of the Act.
- SOR/97-31, s. 20;
- SOR/2002-364, s. 2;
- SOR/2003-393, s. 8;
- SOR/2010-10, s. 19.
Waiving of the Waiting Period for Apprentices
39.1 The waiting period shall be waived if the following conditions are met:
(a) the claimant is attending a course that is a required part of an apprenticeship program and to which they are referred pursuant to paragraph 25(1)(a) of the Act;
(b) the claimant has ceased working for the reason described in paragraph (a); and
(c) the claimant has, after the coming into force of this section, served a waiting period in respect of a course that is a required part of the same apprenticeship program.
- SOR/2002-280, s. 1.
40. (1) The information and evidence to be provided to the Commission by a claimant in order to prove inability to work because of illness, injury or quarantine under paragraph 18(b) or subsection 152.03(1) of the Act, is a medical certificate completed by a medical doctor or other medical professional attesting to the claimant’s inability to work and stating the probable duration of the illness, injury or quarantine.
(1.1) Despite subsection (1), if either of the following circumstances occur in respect of a quarantine, a claimant need only provide the Commission with a declaration that a period of quarantine was
(a) imposed on the claimant by a public health official for the health and safety of the public at large; or
(b) recommended by such an official for the health and safety of the public at large and the claimant was asked by their employer, a medical doctor, a nurse or another similar person in authority to place themself under quarantine.
(2) Notwithstanding that a certificate is provided by a claimant pursuant to subsection (1), the Commission may require a claimant to undergo a medical examination at such time and place as it may reasonably direct for the purpose of determining the nature of the illness, injury or quarantine, the physical or mental condition of the claimant, the probable duration of the inability to work and any other circumstances relating to that inability.
(3) A medical examination referred to in subsection (2) shall be made at the expense of the Commission and a claimant who undergoes such an examination shall be reimbursed for their reasonable travel and other expenses.
(4) For the purposes of paragraphs 8(2)(a) and 18(b) and subsections 28(7) and 152.03(1) of the Act, illness, injury or quarantine is any illness, injury or quarantine that renders a claimant incapable of performing the duties of their regular or usual employment or of other suitable employment.
(5) A pregnancy that is terminated within the first 19 weeks is an illness for the purposes of paragraph 18(b) and subsection 152.03(1) of the Act.
(6) The Commission may waive the waiting period in respect of the benefit period of a claimant if
(a) the claimant qualifies to receive benefits in that benefit period by reason of an interruption of earnings as described in subsection 14(2) or section 14.01; and
(b) after the claimant ceased to work, allowances, payments or other moneys are payable to the claimant by the claimant's employer or former employer as sick leave pay.
(7) The Commission may waive the waiting period in respect of the benefit period of a claimant if
(b) the quarantine arises from circumstances set out in paragraph (1.1)(a) or (b).
(8) Subsections (1.1) and (7) apply to a claimant for any benefit period
(a) that begins on or after the day on which this subsection comes into force; or
(b) that has not ended before the day on which this subsection comes into force, but only for weeks of benefits commencing with the week during which this subsection comes into force.
(9) Subsections (1.1), (7) and (8) shall cease to have effect six months after the day on which this subsection comes into force.
- SOR/2003-131, s. 1;
- SOR/2010-10, s. 20.
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