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Maternity leave benefits - Ontario

ReenaSharma1

Newbie
Jan 23, 2019
5
1
Hi All,

I am a permanent resident, lived in Ontario and I am currently pregnant. My husband is a resident in the USA. I have left my job and am currently with him in the USA. We have plans to deliver the baby in the USA only.
As per delivery dates range, I have completed 600 insured hours ( Ontario).
Am I still eligible to apply for Maternity leave as per Ontario guidelines?
 

Copingwithlife

VIP Member
Jul 29, 2018
3,937
1,903
Earth
Hi All,

I am a permanent resident, lived in Ontario and I am currently pregnant. My husband is a resident in the USA. I have left my job and am currently with him in the USA. We have plans to deliver the baby in the USA only.
As per delivery dates range, I have completed 600 insured hours ( Ontario).
Am I still eligible to apply for Maternity leave as per Ontario guidelines?
You can . But you are aware you’ll have to sponsor your child as a PR in Canada and they won’t be eligible for OHIP for quite awhile ? So it’ll be cash payments for care.
They’ll be treated as a visitor . And you’re compliant with your RO I assume ?
BTW maternity leave is Federal, Ontario isn’t relevant in applying
 

YVR123

VIP Member
Jul 27, 2017
6,553
2,504
@Copingwithlife
Thanks for reply.

I could not understand "And you’re compliant with your RO I assume ? ".

Could you please guide me here?
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5445-applying-permanent-resident-card-card-first-application-replacement-renewal-change-gender-identifier.html

You cannot sponsor a family member if you do not meet your RO.

On top of RO, you also need to be aware that you may need to requalify for OHIP when you return.
Check OHIP requirement. (first year as new resident, subsequence years days requires within the year )
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
Hi All,

I am a permanent resident, lived in Ontario and I am currently pregnant. My husband is a resident in the USA. I have left my job and am currently with him in the USA. We have plans to deliver the baby in the USA only.
As per delivery dates range, I have completed 600 insured hours ( Ontario).
Am I still eligible to apply for Maternity leave as per Ontario guidelines?
When you left your job is relevant to applying. Also a chance you may need to return to Ontario if needed to complete processing. Although possible to claim EI maternity it isn’t really meant for those also planning on delivering abroad. You claiming EI will also have tax implications and will likely make you a tax resident of Canada even if you don’t live in Canada. You need to contact CRA if you plan on being away from Canada especially if for over 6 months to advise CRA of your non-resident status because this will impact other benefits you receive and you need for them to determine whether you remain a tax resident or not. You also need to inform OHIP that you have left Canada if you plan on being away for over 5-6 months depending on how long you have been in Canada.
 

ReenaSharma1

Newbie
Jan 23, 2019
5
1
@canuck78
Thanks for this articulated information.

Yes, by the time I will apply for maternity leave it will surpass 6 months period.
So in that case I have to come back to Canada and at least show some income to make my maternity application valid ?
 
Last edited:

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
@canuck78
Thanks for this articulated information.

Yes, by the time I will apply for maternity leave it will surpass 6 months period.
So in that case I have to come back to Canada and at least show some income to make my maternity application valid ?
You are eligible for mat leave EI even though you’ve not been working for over 6 months in Canada before delivery? How many hours did you work in Canada in the year before you are going to claim maternity EI? Were you self-employed? Have you quit your job or are you on maternity leave from the employer? Calling CRA is also required because it isn’t only about mat leave. You qualify for other benefits which you likely won’t since you have been out of Canada. If you have been out of Canada for 6 months already you could have already received payments you aren’t entitled to that will need to be repaid. The faster you call CRA the less you may have to pay back. If you inform CRA of your status you will not have to worry about having to pay back any money you receive incorrectly. Can’t agree enough how important it is that you let CRA know that you are not a current resident of Canada and want to determine whether you are still a tax resident or not. You also have to call OHIP if you have been outside of Canada for over 5 months to inform them that you are currently living in the US.
 
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ReenaSharma1

Newbie
Jan 23, 2019
5
1
I was full time time employee and have 700+ hours in last 6 month. I have not applied for maternity EI yet. I have plan to do in next few months.
Technically I have quit my Canadian job. I was full time employee in same organization for 5+ years.
 

Copingwithlife

VIP Member
Jul 29, 2018
3,937
1,903
Earth
I was full time time employee and have 700+ hours in last 6 month. I have not applied for maternity EI yet. I have plan to do in next few months.
Technically I have quit my Canadian job. I was full time employee in same organization for 5+ years.
You could have been employed for 30 years with the same organization, it’s not relevant. They look at the hours worked in the preceding qualifying period of 52 weeks from the date you apply . Waiting too long to apply can be detrimental on whether you’ll qualify for benefits. The hours are not locked in when you apply . If you haven’t worked in six months when you apply , those six months will have zero insurable hours. That’s why people are told to apply for benefits as soon as there’s an interruption in earnings.
 
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