Suspension of Benefits – Pregnancy
Effective date: February 1, 2008
Application: All pregnant workers.
Policy subject: Termination, reduction or suspension of benefits
Purpose:To establish guidelines for the suspension of benefits involving pregnant workers.
- 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:
- Medical or vocational rehabilitation programs intended to help return the worker to productive employment; or
- Medical or other appointments related to the treatment or rehabilitation of the worker’s injury.
- Notwithstanding the above, in those circumstances where:
- 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,
- The pregnancy has terminated (i.e., through childbirth) and non-work-related factors cause a delay in treatment or vocational programming,
- 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.
Act Sec #
Act Sec #
01 January 2014. References updated in accordance with The Workers’ Compensation Act, 2013