Document name

Suspension of Benefits – Pregnancy

Document number

POL 01/2008

Effective date: February 1, 2008

Application: All pregnant workers.

Purpose:

To establish guidelines for the suspension of benefits involving pregnant workers.

BACKGROUND

Section 100 and 101 of The Workers’ Compensation Act, 2013 (the “Act”) authorize the Workers’ Compensation Board (WCB) to suspend, reduce or terminate benefits based upon a worker’s loss of earnings.
POL 15/2016 establishes general guidelines for the suspension of benefits.
To ensure that workers’ rights under The Human Rights Code are respected, it is necessary for WCB to provide a special suspension of benefits policy for those situations involving pregnant workers.

The payment of earnings loss benefits to the worker will not be suspended in circumstances where the worker’s pregnancy presents a valid medical reason for the delay or interruption of:
1. Medical or vocational rehabilitation programs intended to help return the worker to productive employment; or
2. Medical or other appointments related to the treatment or rehabilitation of the worker’s injury.
Notwithstanding the above, in those circumstances where:
1. The pregnancy and conditions related to the pregnancy are the sole reason for interruption or delay in returning to work (i.e., worker has recovered from work injury); or,
2. The pregnancy has terminated (i.e., through childbirth) and non-work-related factors cause a delay in treatment or vocational programming,
earnings loss benefits will be suspended in accordance with POL 15/2016. Up to four weeks will be provided for the worker to access alternate income maintenance plans (i.e., Employment Insurance benefits).

WCB will normally require a medical opinion or certificate to confirm a pregnant worker’s medical condition.
Costs for a period of payment up to four weeks will be charged to the Second Injury and Re-employment Reserve, as will the additional costs incurred for the cessation of a rehabilitation program.

68, 100, 101

01 January 2014. References updated in accordance with The Workers’ Compensation Act, 2013

POL 05/2002 Suspension of Benefits – Pregnancy

Click here to download the WCB’s current Policy and Procedure Manual.