Key terms and resources
Everything you need for a safe pregnancy.
Employment Insurance (EI) is a federal program that pays regular benefits to people who have lost their job through no fault of their own, and are available and willing to work but unable to find a job.
When a pregnant freelance worker doesn’t have a contract and is available for work, she may be eligible for regular EI benefits even if she can no longer perform the usual duties of her job due to her pregnancy.
To be eligible for EI, you must:
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Meet the eligibility criteria, including the number of insurable hours worked during the reference period
AND
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Submit an online application through Service Canada
The Certificat visant l’affectation ou le retrait préventif de la travailleuse enceinte ou qui allaite is an official CNESST medical document that your doctor must fill out to certify that your work poses a risk to your health, your unborn child or the child you are breastfeeding. After it is completed by your doctor, it must be approved by the Direction régionale de santé publique (DRSP).
At any point in your pregnancy, your doctor may determine, during a check-up, that your work is risky for you or your child. In this case, he or she will complete the preventive leave or reassignment form, which is then sent to the DRSP for approval.
The DRSP is solely responsible for officially authorising preventive leave. It may contact you, your doctor or your employer to check the information. This can take a few days.
If the DRSP recommends preventive leave, you will be given two copies of the certificate, one for you and the other for your employer.
Your preventive leave begins immediately when you submit the certificate to your employer. However, it is up to you to decide when to do so, so you may delay starting your leave if you wish.
The CNESST is the public agency that oversees labour rights and obligations in Quebec.
Among other things, it administers the Safe Maternity Experience Program (SMEP) and pays an income replacement indemnity if preventive leave is necessary.
The Direction régionale de santé publique (DRSP), the regional health board, is the public agency responsible for assessing the risks associated with your job. For the Safe Maternity Experience Program, it is the DRSP that receives the preventive leave or reassignment certificate completed by the doctor of the pregnant or breastfeeding worker.
The DRSP assesses:
- whether reassignment in the workplace is possible.
- whether the work does pose a health risk for the worker or her child.
As the name suggests, the income replacement indemnity provides financial benefits to technicians who are unable to work due to pregnancy.
It is paid as follows:
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For the first five working days of your leave, the producer must pay you 100% of your gross salary.
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For the next 14 days, the producer pays you 90% of your net salary for each day you would normally have worked, and is then reimbursed by the CNESST.
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Then, until 4 weeks before your due date, you can receive benefits from the CNESST every two weeks, based on 90% of your net annual earnings.
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After this, you will be eligible for the Quebec Parental Insurance Plan (QPIP).
Important note :
The SMEP doesn’t always take the conditions of freelance work into account. In practice, the CNESST often pays the income replacement indemnity only for the duration of the employment contract, even though this practice has been ruled illegal. The Administrative Labour Tribunal (ALT) generally recognizes the right to the indemnity as long as you can demonstrate that you regularly work or receive job offers.
If you find yourself in this situation, the AQTIS 514 IATSE legal department will help you make sure your rights are respected.
The Safe Maternity Experience Program is a program is administered by the CNESST that protects the health of pregnant and breastfeeding workers.
If there is a health risk in the workplace, the program will support, in the first instance, a reassignment to different duties to eliminate the risk.
If this is not possible, the worker may be granted preventive leave, allowing her to temporarily stop working and receive an income replacement indemnity, under certain conditions.
To be eligible for the SMEP, you must:
- Be a worker within the meaning of the law.
For example, a technician who is incorporated may not be eligible. - Face risks related to your work, confirmed by a Certificat visant l’affectation ou le retrait préventif de la travailleuse enceinte ou qui allaite form completed by your doctor and approved by the Direction régionale de santé publique (DRSP).
- Submit the certificate to your employer, i.e. the producer’s representative.
- Be able to work.
For example, if your doctor prescribes complete rest (bed rest), you are not eligible for the SMEP. - Be available for reassignment.
You must be willing to take another position that involves no risk, if such an option exists.
The QPIP is for employees or self-employed workers who take parental leave.
You are eligible for QPIP premiums from four weeks before your due date until the end of your parental leave. The duration depends on the type of plan you choose (basic or special) and how the weeks are shared with the other parent:
- Basic plan: lower benefits paid over a longer period.
- Special plan: higher benefits paid over a shorter period.
To be eligible, you must:
- Have contributed to the QPIP;
- Be a resident of Quebec;
- Have insurable earnings of at least $2,000 during the reference period.
As a self-employed worker, your income may vary from one contract to another, so you will need to provide your T4 slips for the calculation of your premiums.
If you have any questions or want to get a better idea of the amount you will be entitled to, contact the QPIP at 1-888-610-7727.
Preventive leave or reassignment (or “preventive withdrawal” in the CNESST’s terminology) refers to your right to be assigned to other duties or take leave if your job poses a health risk to you, your unborn child or the child you are breastfeeding. This right is protected under the Occupational Health and Safety Act. Preventive leave is granted when the employer cannot eliminate the risks of the job through measures such as:
- Adapting your workstation;
- Changing some of your duties
- Assigning you to other duties that involve no risk.
The Administrative Labour Tribunal makes sure the CNESST is applying the law correctly, including in its administration of the Safe Maternity Experience Program (SMEP).
A decision by the CNESST to deny a claim under the SMEP or to prematurely terminate the income replacement indemnity can be challenged before the ALT. In this case, AQTIS 514 IATSE can argue the case on your behalf.
You first have to file an appeal with the CNESST. If it upholds its decision, the case can be brought before the ALT, which will hold a hearing.
How the hearing works
- It is usually held a few months later.
- The worker is summoned to testify and answer questions.
- The ALT then renders its decision, usually within 90 days.
If the decision is favourable to the worker, the CNESST rectifies the situation and grants the indemnity, in accordance with the ruling. Normally, the amount due is paid promptly.
Important note:
If you have already received Employment Insurance or Preventive Leave Fund (PLF) benefits for the same period, you may be required to repay them, as SMEP benefits cannot be combined with other benefits for the same period.