Maternity Leave

[jade]

Hi! Can anybody please help me about this? I'm a live-in caregiver for 10 months now. My problem is, I got pregnant by my Canadian boyfriend. He is willing to marry me after I give birth sometime in May. We've talked about me stopping to work in January because I'd be too pregnant by then to be able to work. I'm troubled with these questions

                 1.  Can I qualify for EI benefits? And would they give me Maternity benefits too? What documents would they require from me?

                 2.  Which one is more advisable for filing permanent residency later on?  Filing through my spouse or just continue finishing off my live-in caregiving?

                 3.  My agency told my employer that it would be illegal for me to continue working with her if I move out of the house. The agency told her that I should be living with my host family.  Is it true?

I hope anyone could advise me about my situation.  It would be very helpful..... Thank you
                 
                   

[Leon]

1. Yes, you can get EI maternity benefits.  They will pay you 55% of your wages for up to 50 weeks  You should visit Service Canada to ask about the details.  What you would need is a record of employment from your employer which states how many hours you have worked and how much money you have paid into EI etc.

2. Filing through your spouse would be faster.  Otherwise you are taking time away from your work because of the baby and it will not be counted as a part of the 24 months you have to work total.

3. Your agency is probably right.  Your work permit is based on being a live-in caregiver.  If you move out of the house, you are not a live-in caregiver anymore.  You can call CIC to ask about this, their number is at http://www.cic.gc.ca/english/contacts/call.asp

[jade]

would I qualify for the EI benefits too since I'd be unemployed for at least a year?

[jade]

Thank you so much for the reply Leon, you're the best!

[jade]

So sorry.......I didn't calculate first before posting a reply Leon......Yeah thanks a lot! That'd be 12 1/2 months benefit.  Thank you.

[jade]

Here's my next question......I've been living with him on the weekends only since April. He wants to put me in his insurance as his common law now for the benefit I can get when I deliver our baby. Am I qualified to be his common law already? We haven't been living together for 12 months yet. And I only live with him during weekends. I'd just move in with him permanently on January when I stop working.

[Leon]

Maternity benefits also come from EI.  You can not get maternity and unemployment benefits at the same time but it is the same amount of money, both 55% of your wages.  You can share some of the leave with your boyfriend.  If he takes a month off work on benefits, then you get a month less.

I don't know how many weeks are in your year but in my year, there are 52 weeks so 50 weeks of benefits is 2 weeks less than a year, so more like 11.5 months and not 12.5.

You will have to deal with his insurance to whether you are common law or not.  For immigration purposes, you are not common law.

[jade]

tanx Leon. That helped a lot....