If you are employed in Ontario and are an expecting biological mother (including surrogates), you are entitled to EI maternity benefits. Typically these benefits can be paid as early as 12 weeks before the expected due date, and as late as 17 weeks after the birth has taken place. This benefit is extended to mothers at a rate of 55% of their average weekly insurable earnings. If your employer offers insurance benefits, you are entitled to pregnancy disability insurance, typically being a short-term disability leave which is usually initiated on the day of delivery. Some insurance companies require a period of time to pass (known as an elimination period) before a claimant begins to receive their benefit checks during pregnancy leave.
Pregnancy & Disability
However, if you are struggling with any pregnancy or postpartum issues which disable you from being able to work longer than what your maternity leave offers, you may be entitled to short term disability and possibility long term disability coverage.
The most common pregnancy complications women are dealing with include:
- Hypermesis Gravidarum (HG)
- Gestational Diabetes
- Preterm Labor
Many of these pregnancy complications require bed rest and at times, hospitalization. Some expecting mothers can only manage their symptoms with medications that have further debilitating adverse effects. Whether your pregnancy carries to full term, resulting in a healthy birth, or if you are faced with the difficulties of a miscarriage or still birth, you are entitled to maternity leave through the Employment Standards Code. This amount though may not be enough coverage for the expenses you and your family endure, and if you are offered benefits through your employer, it is wise to consider applying for short-term disability benefits.
Pregnancy: Financial Coverage
With proper medical documentation outlining your current condition while pregnant, or during your postpartum recovery, your doctor has the final word, not your employer of insurance company. There is no reason why your insurance claim should be denied by your provider if you require disability leave during or after your pregnancy. In support of your health, your babies, and the sustainability of your finances and home base, it is important that you feel secure and covered during this time.
If you are struggling with any of the above mentioned pregnancy related complications, and have had an insurance claim denied, or have been denied maternity leave by your employer, contact a disability lawyer as soon as possible. Even if this is a case of the Labour Board or Human Rights Tribunal, a disability lawyer will help you understand your full legal rights during a free consultation.
Pregnancy: Insurance Claims
It is your right to have the proper financial coverage during this time in your life, and stability to know that you can take the time you need during this moment. Pregnancy insurance claims are common, but unfortunately so are insurance claim denials.
Denied Insurance Claims
If you have submitted an insurance claim that has been denied during your time of pregnancy, have applied and been denied for short term disability or long term disability during your postpartum recovery, we highly suggest you give TSF Law a call. Our team is knowledgeable and approaches these matters with utmost sensitivity and care.