Evidence of meeting #114 for Human Resources, Skills and Social Development and the Status of Persons with Disabilities in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was child.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

Andrew Brown  Director General, Employment Insurance Policy Directorate, Skills and Employment Branch, Department of Employment and Social Development
John Barlow  Foothills, CPC
Rutha Astravas  Director, Employment Insurance Policy, Special Benefits Policy, Department of Employment and Social Development
Gordie Hogg  South Surrey—White Rock, Lib.
Blake Richards  Banff—Airdrie, CPC
Lee Cormier  Chair, Quinn's Legacy Run Society
Sarah Cormier  Vice-Chair, Quinn's Legacy Run Society

8:45 a.m.

Liberal

The Chair Liberal Bryan May

I call the meeting to order.

Good morning, everyone.

Pursuant to Standing Order 108(2) and the motion adopted by the committee on Tuesday, September 18, 2018, the committee is beginning its study of supporting families after the loss of a child.

Today the committee will hear from departmental officials and other witnesses.

I'm very pleased that joining us today, from the Department of Employment and Social Development, is Andrew Brown, Director General, Employment Insurance Policy Directorate, skills and employment branch. Welcome, sir.

Also, we have Rutha Astravas, Director, Employment Insurance Policy, Special Benefits Policy. Welcome.

Thank you both for joining us today.

The next seven minutes are all yours.

8:45 a.m.

Andrew Brown Director General, Employment Insurance Policy Directorate, Skills and Employment Branch, Department of Employment and Social Development

Thank you, Chair, and members of the committee.

Good morning.

My name is Andrew Brown. I am the director general for Employment Insurance Policy at the Department of Employment and Social Development. Joining me is Rutha Astravas, director of Policy for EI Special Benefits.

Let me begin by thanking the committee for the opportunity to address this very important issue—parents who have suffered the loss of an infant child and exploring ways to support them.

I sympathize with Canadians who have lost an infant child to sudden or unexpected causes, including in the case of sudden infant death syndrome. I can't imagine the suffering experienced by families and parents in these cases. Yesterday one of your own colleagues spoke of the tremendous grief when infant death struck his own family.

I'll begin by sharing with the committee some information on the EI program and the support that it offers for Canadians.

The EI program provides temporary income support when workers are unemployed due to job loss, which is known as regular benefits, and also in specific situations that may occur over the course of one's working career, known as EI special benefits.

EI special benefits play an important role in helping individuals balance work and life responsibilities. Special benefits include maternity, parental, sickness and caregiving benefits. I'll speak about these benefits and how they're relevant when an infant dies.

I should also mention that the Canada Labour Code provides unpaid leave protection for workers in the federal jurisdiction that are aligned to EI special benefits, and provinces and territories maintain their own employment standards that provide leave to workers in their jurisdictions.

I would also like the committee to know that to qualify for EI special benefits, workers need to have accumulated at least 600 hours of insurable employment during the 52-week period immediately before the start date of their claim, or since their last EI claim.

When families are welcoming new children, maternity and parental benefits are available to eligible parents.

The parental benefit is payable to birth or adoptive parents, including same-sex parents, following the birth or placement of a child for the purpose of adoption. The purpose of the benefit is to support parents in providing care for their new child or children.

Parents can choose to receive parental benefits up to a maximum of 35 weeks paid over 12 months, or up to 61 weeks, paid at a lower rate, over a period of 18 months. In the unfortunate event of a child's death, these benefits end in the week that the child dies, as there is no longer a need to provide care to that child.

EI maternity benefits support a birth mother's physical and emotional recovery for up to 15 weeks surrounding childbirth. As they are linked to the mother's health and not the child, these benefits continue to be payable in the tragic event that the child passes away.

The EI program also provides support for family caregiving. The EI family caregiver benefit provides up to 15 weeks of benefits to provide care to an adult family member with a critical illness or injury and up to 35 weeks of benefits to provide care to a child with a critical illness or injury.

The EI compassionate care benefit provides up to 26 weeks of income support to provide end-of-life care to a family member, specifically a family member with a serious medical condition and a significant risk of death within a 26-week period.

In the case of these caregiving benefits, should the care recipient pass away, the benefits end in the week that the family member dies, based on the same principle used for parental benefits.

Finally, grieving parents may be eligible to receive up to 15 weeks of EI sickness benefits should they be unable to work following the death of their child. The sickness benefit provides income support to claimants who are unable to work due to illness or injury, including incapacity due to pronounced emotional or psychological stress. These supports may provide some measure of assistance for parents in the event of the loss of a child.

In recent years there have been a number of changes to improve EI special benefits. The government expanded the eligible caregiver support network to include immediate and extended family members rather than just parents for the EI family caregiver benefits for children. It's also now easier to access caregiving benefits, as we allow medical doctors and nurse practitioners to sign medical certificates to simplify the application process for families.

Amendments have also been made to the Canada Labour Code to ensure that workers in federally regulated sectors have the job protection they need while receiving the caregiving, parental or maternity benefits.

Mr. Chair, that concludes my opening remarks, and we would be happy to answer any questions you may have.

8:50 a.m.

Liberal

The Chair Liberal Bryan May

Thank you very much.

John, you're up first.

8:50 a.m.

John Barlow Foothills, CPC

Thank you, Mr. Chair.

Just before we get going, I know we invited the minister to attend. I'm just wondering if there has been an update there. I understand that Minister Duclos cannot be here for the first meeting, but from my understanding, we may be trying to get him for the last meeting. Is there any update on where that is?

8:50 a.m.

Liberal

The Chair Liberal Bryan May

Yes, we'll talk about this in a bit. We are still working to try to get the minister. The last possible meeting is also not a possibility. I believe it's National Housing Day, so I'm not sure he will be here in Ottawa, but we are working on other possibilities at this point, and I'll update the committee when we have some news.

8:50 a.m.

Foothills, CPC

John Barlow

If he can't come, has there been an approach to the deputy minister at all?

8:50 a.m.

Liberal

The Chair Liberal Bryan May

I believe so, yes.

8:50 a.m.

Foothills, CPC

John Barlow

Okay, thanks. I appreciate that.

8:50 a.m.

Liberal

The Chair Liberal Bryan May

Not a problem.

8:50 a.m.

Foothills, CPC

John Barlow

To our witnesses, thank you very much for being here today on what is an important issue. Certainly this comes from my colleague from Alberta with some concerns in terms of parents sometimes having to make a pretty difficult choice between what their financial and family needs may be.

In your opinion, do you see this as an opportunity? Is the federal EI system supporting grieving parents? Are there programs in place, or do you feel that there are some opportunities here to help parents who have lost an infant child?

8:55 a.m.

Rutha Astravas Director, Employment Insurance Policy, Special Benefits Policy, Department of Employment and Social Development

First of all, we're here for the employment insurance program, and our remarks and our questions will be focused on explaining how those benefits work.

I think it's important to note, as Andrew said, that there are a number of different EI benefits that support parents, that support families, so that, as you mentioned, in the difficult circumstance of a family suffering the loss of another family member, we do have different special benefits, depending on the circumstance.

Parental benefits do cease. However, as Andrew indicated, EI sickness benefits may be possible. It's always important for a claimant to contact Service Canada if anything happens during their EI claim, because those circumstances may affect how their claim continues.

8:55 a.m.

Foothills, CPC

John Barlow

Is there any flexibility at all through the EI program for a parent who is on maternity leave but loses an infant child during that maternity leave? Is there flexibility there at all?

8:55 a.m.

Director, Employment Insurance Policy, Special Benefits Policy, Department of Employment and Social Development

Rutha Astravas

For the maternity benefit, which is intended for pregnant or nursing mothers after giving birth, that benefit does continue to be paid, because the intent of the benefit is to support the mother's recovery, so if the infant child dies while the mother is receiving maternity benefits, she would continue to receive those up to the 15 weeks that are available.

8:55 a.m.

Foothills, CPC

John Barlow

Thank you.

Does Service Canada have any other specialized programs for dealing with parents who have lost an infant child? I know you touched on some of the EI programs, but are there any other specialized programs through Service Canada to address a parent who has lost an infant child?

I should say, Mr. Brown, I appreciate in your opening remarks your mentioning my colleague from Calgary Shepard, his Standing Order 31 yesterday and the loss of his youngest. I do appreciate that and your comments. Thank you.

8:55 a.m.

Director, Employment Insurance Policy, Special Benefits Policy, Department of Employment and Social Development

Rutha Astravas

I think it's important to note that there is no specific benefit related to bereavement under the employment insurance program. We've noted what the circumstances are if the care recipient dies, or in this case, if the child dies. Benefits do end if there are parental benefits, and also in the case of family caregiver benefits for children. Let's say that the child was critically ill prior to the death; those benefits unfortunately do end.

There are possibly other government programs that may support families at the federal, provincial or territorial level, and we're also aware that there are a number of other employer or community NGO supports for families.

8:55 a.m.

Foothills, CPC

John Barlow

Correct me if I'm wrong, but it's my understanding that if a parent is on paternity leave and loses a child, their benefits would cease almost immediately.

Am I right on that? Do you think that's fair, or do you think there are some opportunities for us to extend the paternity leave during the time a parent would lose an infant child? I don't think it's fair that we're forcing that parent to go back to work immediately. I think we've all seen the bereavement and the grief the parent would be going through.

Do you think that's appropriate, and do we have an opportunity there to extend those benefits?

8:55 a.m.

Director, Employment Insurance Policy, Special Benefits Policy, Department of Employment and Social Development

Rutha Astravas

I think it's important to acknowledge the difficult circumstances parents face. Grieving is a very difficult and long process.

The way the employment insurance benefits work, while the parental benefits end at the end of the week of the death of the child, perhaps it's important to note that the EI benefits are paid on a Sunday-to-Saturday basis, so if the child, unfortunately, dies on a Tuesday, that whole week up to Saturday is still paid. It's just the following week that's no longer paid.

8:55 a.m.

Foothills, CPC

John Barlow

Doesn't that highlight the problem here? We're basing the benefits for a grieving parent on what day of the week the child died. I think this shows we have found a gap in the system, which I think we can address through something like this.

8:55 a.m.

Director, Employment Insurance Policy, Special Benefits Policy, Department of Employment and Social Development

Rutha Astravas

I would add that there are different kinds of leave that may be available to parents. Under the Canada Labour Code, for employees of the federally regulated private sector, there is a bereavement leave currently available. It's three days paid leave immediately after the death of a loved one, including infants.

Also, many leave provisions under the code were enhanced as part of budget 2017. When those changes do come into force, employees in the federally regulated sector will have access to five days of bereavement leave, the first three of which will be paid. In addition, employees will have the right to request flexible work arrangements as well as leave for family responsibilities. That's to say that these leaves could be used by parents following the tragic death of their child.

We always encourage EI claimants to reach out to their employers to see what other types of benefits or leave may be available to them, but as Andrew mentioned, there's not just the parental benefits leave. Sickness benefits may also be a possibility, allowing the person to continue to be on leave and recover from that tragic event.

9 a.m.

Liberal

The Chair Liberal Bryan May

You have 10 seconds.

9 a.m.

Foothills, CPC

John Barlow

Thank you very much.

9 a.m.

Liberal

The Chair Liberal Bryan May

MP Long, go ahead, please.

9 a.m.

Liberal

Wayne Long Liberal Saint John—Rothesay, NB

Thank you, Mr. Chair.

Good morning to our presenters, and thank you for your presentations.

In my office we've had some parents come in, actually quite recently, with this very sad circumstance. From a personal standpoint, one of my best friends went through this several years ago. Knowing the level of devastation, and now being in politics and running an MP's office and being involved in government, I think that if we as a government can't be there for these parents in a meaningful way—not a token way, but a meaningful way—then we're not doing enough.

The sickness benefit is intended for employees who are unable to work, obviously, because of illness, injury, or quarantine, but it can also be claimed by someone who is bereaved provided they qualify and have a medical note. What is the estimated portion of EI sickness beneficiaries who access the benefit due to the death of a loved one?

9 a.m.

Director, Employment Insurance Policy, Special Benefits Policy, Department of Employment and Social Development

Rutha Astravas

Thank you for acknowledgement of the difficult circumstance of your colleague.

9 a.m.

Liberal

Wayne Long Liberal Saint John—Rothesay, NB

Yes. It's troubling.