September, 2010 - The federal Employment Insurance Act has been amended to provide self-employed persons special benefits (EI Special Benefits) including maternity, parental, adoption, sickness, and compassionate care benefits. These benefits were previously available only to wage-earners and salaried workers.
The new legislation came into effect on January 1, 2010 and the new benefits will be payable beginning in January 2011. Self-employed persons who wish to receive EI Special Benefits will have to opt into the Employment Insurance plan and pay premiums for at least one year before they can claim benefits.
A description of the benefits available under the new EI plan can be found on the Human Resources and Skills Development Canada website.
The details of how to apply for benefits under the new EI plan are available on the Services Canada website.
The Law Society's three-year pilot "Parental Leave Assistance Program" (PLAP) is in place to make it possible for more lawyers to maintain their practice after the birth or adoption of a child.
The goal is to reduce the hardship that arises when a practising lawyer who is a partner in a small firm or a sole practitioner takes parental leave..
The program provides financial benefits to practising lawyers in firms of five lawyers or fewer who do not have access to other maternity, parental, or adoption financial benefits under public or private plans and who meet the eligibility criteria.
The Parental Leave Assistance Program was one of the nine recommendations developed by the Law Society's Retention of Women Working Group and is designed to empower women to take charge of their careers and assist in maintaining the viability of small firms and sole practices. The Law Society approved the Parental Leave Assistance Program as a three-year pilot program in May 2008, for implementation in 2009.
The Program is effective as of March 12, 2009. The benefits received under the Parental Leave Assistance Program are intended to be business income replacement and are taxable as such. Applications for benefits will only be considered for births and other eligible circumstances occurring on or after March 12th, 2009.
Under the Program, the Law Society provides a fixed sum of $750 a week to eligible applicants for up to twelve weeks (maximum $9,000 per leave, per family unit) to cover, among other things, expenses associated with maintaining their practice during a maternity, parental or adoption leave.
To be eligible for benefits under the Parental Leave Assistance Program, the applicant must satisfy all of the following requirements:
- be a birth parent (mother or father) or an adoptive parent (mother or father);
- be a member in good standing who provides legal advice, opinions or services with respect to the laws of Ontario;
- be a member in good standing;
- be a sole practitioner or a partner in a firm of five lawyers or less;
- have no access to any other maternity, parental, or adoption financial benefits under public or private plans;
NOTE:- The term "access to any other public or private plans" includes lawyers who have entered into an agreement with the Canada Employment Insurance Commission and are eligible to receive Employment Insurance Special Benefits. Those lawyers are not eligible for PLAP.
- Lawyers who have not opted to receive EI Special Benefits or who have entered into an agreement with the Canada Employment Insurance Commission but are in the one-year waiting period to be eligible for EI Special Benefits, are eligible for PLAP.
- Lawyers who have opted to receive EI Special Benefits but have terminated their agreement and, if still eligible to claim EI Special Benefits, have signed an affidavit indicating that they forego any EI Special Benefits, are eligible for PLAP.
- cease to engage in remunerative work or to practise law during the leave for which he or she is receiving payments under PLAP.
Applicants are encouraged to review the Guidelines and Criteria for Applying (PDF) for further requirements and information on how to apply for the PLAP before completing the Application Form (PDF). These documents, as well as Frequently Asked Questions, are available on our website. For general inquiries, please contact the Resource Centre toll free 1 800-668-7380 ext. 3315, or 416 947-3315,plap@lsuc.on.ca
The Law Society will continue to offer its Parental Leave Assistance Program. Please consult the Guidelines and Criteria for information about eligibility to the Parental Leave Assistance Program.