Denying EI to women laid off after maternity leave is unconstitutional: appeal court
The court suspended the ruling for one year, giving Ottawa time to rewrite the Employment Insurance rules and avoid denying benefits to new mothers.
- On Friday, September 4, the Federal Court of Appeal ruled that denying Employment Insurance job loss benefits to women who recently received maternity and parental benefits violates the Canadian Charter of Rights and Freedoms, declaring the provisions "of no force or effect."
- This ruling concludes an eight-year legal battle initiated by six Quebec workers denied benefits because maternity leave prevented them from accumulating enough insurable hours, reversing earlier Social Security Tribunal decisions.
- The court noted "only women can become pregnant and give birth," finding that current Employment Insurance Act rules perpetuate "long-standing economic disadvantages" by diminishing unemployment protection for mothers.
- Judges suspended the declaration for one year, giving the government 12 months to rewrite the law, while advocacy group Mouvement Action-Chômage de Montréal warned an appeal "would be a slap in the face."
- The federal government has 60 days to signal its intent to appeal to the Supreme Court of Canada, as a spokesperson for Employment and Social Development Canada stated the government will review the decision before determining next steps.
32 Articles
32 Articles
Denying EI to women after maternity leave is unconstitutional: court
The Federal Court of Appeal has ruled that it's unconstitutional to deny employment insurance job loss benefits to women who recently received maternity and parental benefits. The three-judge panel ruled in favour of a group of Quebec women who were denied EI after being laid off shortly before, during, or just after their maternity leaves. The court sided with a lower tribunal, which had found that some provisions of the Employment Insurance Ac…
The Toronto Star
Denying EI to women laid off after maternity leave is unconstitutional: appeal court
MONTRÉAL - The Federal Court of Appeal has ruled that it's unconstitutional to deny employment insurance job loss benefits to women who recently received maternity and parental benefits.
Federal Court of Appeal rules in favour of Quebec moms denied EI benefits after maternity job loss
The Federal Court of Appeal has ruled in favour of a group of six Quebec mothers who were denied regular Employment Insurance (EI) benefits, after being laid off in the context of maternity and parental leaves.
Court victory for women who lost job during maternity leave, then denied employment insurance
Women who lost their jobs during their maternity leave and were deprived, in whole or in part, of regular Employment Insurance (EI) benefits because they had not accumulated enough insurable hours have just won their case. The Federal Court of Appeal has ruled in their favour, reinstating the initial decision, which had established that the […]
Workers who had lost their jobs during their maternity leave and who were deprived, in whole or in part, of regular employment insurance benefits, because they had not accumulated enough insurable hours of work, have just won their cause.
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