Pregnancy itself is not considered a disability, but pregnancy-related health complications can significantly impact your ability to work. If you're experiencing medical challenges during pregnancy or complications afterward, you may be eligible for short-term or long-term disability benefits. However, insurance providers often scrutinize pregnancy-related claims closely, which can make their approval more challenging.
This comprehensive guide from Verkhovets Law explains how pregnancy and maternity leave interact with disability benefits in Canada, clarifying your rights and outlining the steps you can take if you face resistance from insurers.
Table of Contents
Applying for Short-Term Disability Benefits During Pregnancy
Can You Receive EI Maternity Benefits and EI Sickness Benefits Simultaneously?
Employment Rights During Pregnancy, Maternity, and Sick Leave
Getting Your Doctor’s Support for Pregnancy Disability Claims
Sick leave refers to medically necessary leave from work due to illness or disability. Types of disability benefits available include:
Employment Insurance (EI) Sickness Benefits: up to 26 weeks;
Short-Term Disability (STD): temporary coverage, usually employer-sponsored;
Long-Term Disability (LTD): for prolonged medical conditions;
CPP Disability Benefits: for severe and long-term disabilities.
Maternity leave is the time off specifically granted for pregnancy, as well as for caregiving following childbirth or adoption. Unlike sick leave, maternity leave doesn't require medical justification.
Parental leave is the time off granted for parents who are away from work to care for their newborn or newly adopted child.
In Ontario:
Pregnancy leave: Up to 17 weeks unpaid leave before childbirth
Parental leave: Up to 63 weeks after birth (61 weeks if pregnancy leave was used)
Pregnancy on its own isn't covered by disability benefits. However, complications related to pregnancy that prevent you from working may qualify. These can include:
Hyperemesis gravidarum (severe morning sickness)
Gestational diabetes
Preeclampsia (high blood pressure)
Preterm labour
Mental health conditions (severe anxiety, depression, postpartum depression)
Miscarriage or stillbirth
Chronic conditions worsened by pregnancy (e.g., autoimmune disorders)
If pregnancy-related complications make it medically necessary for you to stop working:
Obtain Medical Documentation:
Get detailed medical evidence from your doctor confirming your diagnosis, symptoms, and the medical necessity of stopping work;
Review Your Disability Policy:
Review your insurance policy to confirm the eligibility requirements and the specific documentation needed to support your claim.
Apply Promptly:
Submit your disability claim as soon as your doctor advises you to stop working due to pregnancy-related complications
Insurers may deny claims if they determine that your condition isn't severe enough or if proper documentation is lacking or for other reasons. If your claim is denied, you have the right to appeal or seek legal assistance from Verkhovets Law
If you develop a disability during maternity leave:
Your disability may or may not qualify depending on your insurance policy, many policies require disabilities to start while you are “actively at work.” However, some policies now extend coverage through maternity leave.
Medical documentation clearly separating parental leave from disability is crucial.
Notify your insurer promptly and formally apply for disability benefits, even if already on maternity leave.
Securing long-term disability (LTD) during maternity leave can be complicated. Insurers often scrutinize these claims to avoid substituting parental leave with disability benefits.
To qualify for LTD while on maternity leave, provide:
Clear medical evidence clearly demonstrating that your disability is ongoing, severe, and separate from maternity leave.
Strong documentation from your physician explaining how your condition prevents a return to work, regardless of childcare duties.
When taking maternity or sick leave, clarify in advance who is responsible for insurance premiums. Employers may require you to fully or partially cover premiums during leave, potentially impacting your budget.
Always discuss pension contributions with your HR department before your maternity leave, ensuring you understand your rights and obligations clearly.
Your physician’s support is vital to successful disability claims:
Clearly articulate how your symptoms interfere with job duties;
Ask your doctor to complete detailed forms, including:
Medical certificates clearly stating your diagnosis;
Functional abilities forms specifying work limitations.
If your doctor hesitates, consider a second opinion and keep records of your symptoms to strengthen your case.
Insurance providers carefully evaluate pregnancy-related claims. Avoid triggering red flags by:
Clearly separating pregnancy or maternity leave from disability claims through detailed medical documentation;
Explicitly detailing the disabling nature of your medical condition, emphasizing how it prevents you from working and goes beyond your inability to work beyond the typical symptoms of pregnancy.
Proper documentation significantly reduces the risk of unfair claim denials.
If your short-term or long-term disability claim related to pregnancy has been unfairly denied, Verkhovets Law is here to help you. Our experienced disability lawyers are committed to protecting your rights and securing the benefits you are entitled to.
Contact Information:
Website: verkhovetslaw.com
Office: (905) 910-1440
Call/Text/WhatsApp (24/7): (365) 779-1440
Fax: (905) 367-6228
Email: [email protected]
Address:
3300 Hwy 7, Unit 403
Vaughan, Ontario L4K 4M3
(Driving access via Edgely Blvd, not Hwy 7.)
Office Hours:
Monday to Friday: 9 AM – 5 PM
Protect your financial stability during pregnancy complications.
Contact Verkhovets Law today for a confidential, no-obligation consultation.
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Mariya Verkhovets
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