How Does Maternity Leave Affect Long-Term Disability Benefits?

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Aaron Waxman and Associates explains how long-term disability benefits are affected by maternity leave

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The insurance company will determine which part of the leave is voluntary and which part is health related.

Insurance policies can seem very technical and overwhelming to a policy holder or plan member for a group insurance plan. When making a claim for long-term disability benefits, it is important to review the policy for many reasons, to know when under what circumstances you are entitled to benefits.

One of these reasons is if you are planning to take maternity or parental leave. In Ontario, if you have access to long-term disability benefits, it is possible to receive long-term disability benefits while on parental leave once the qualifying period has been met.

A long-term disability insurer will consider payment of benefits after the qualify period has been met for “health-related” portions of parental leave once they have received appropriate medical documentation to substantiate that the woman is unable to return to work as a result of health reasons directly related to childbirth or recovery from it.

The insurance company will determine which part of the leave is voluntary and which part is health related.

According to the Ontario Ministry of Labour, female employees may be entitled to disability benefits (short-term or long-term disability benefits) during the point in their maternity leaves when they would have been absent from work for health reasons related to the pregnancy or childbirth.

Under the Employment Standards Act, Long-term disability insurers cannot discontinue benefits of a person on leave. Under section 10 (1) of Regulation 286/01 of the Act, a benefit plan is not allowed to deprive an employee of benefits who is on leave from work and prevent them from continuing to participate in the benefit plan during the leave of absence, if the employee is entitled to participate in the plan during a leave of absence.

It is important to review your policy to understand if there is coverage during maternal leave. The policy language may be complex and it is important to contact a qualified long-term disability lawyer to review your policy with you. At the law firm of Aaron Waxman and Associates, your initial consultation is free.

Aaron Waxman, founder of Aaron Waxman and Associates states, “At my firm, we offer a free, no obligation initial consultation and we want to help people understand their rights. We want people to feel comfortable asking questions and to also know their rights”.

If you or someone you know has applied for long-term disability benefits and your application was denied at the outset, or your benefits have been terminated, consult an experienced long-term disability lawyer as soon as possible.

About us:

Aaron Waxman and Associates is a Toronto law firm whose practice is focused on long- term disability claims, short term disability claims, psychological illness claims, critical illness claims, life insurance claims, slip & fall claims, occupier’s liability claims, automobile accident claims, traumatic brain injury claims, and other types of personal injury claims.

We only help injured persons; we do not work for insurance companies.

We offer a free, no obligation initial consultation.

We can help you get your life back on track.

Contact us:

t: 416 661-4878
tf: 1-888-955-5342
e: awaxman(at)awaxmanlaw(dot)ca

Twitter: @InjuryLegalFirm
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Melanie Luxenberg
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