Appeal court rules denying EI to women laid off after maternity leave is unconstitutional

The Federal Court of Appeal has ruled that it is unconstitutional to deny employment insurance (EI) benefits to women who are laid off shortly before, during or after receiving maternity or parental benefits.

A three-judge panel ruled in favour of six Quebec women who were denied EI after losing their jobs because they had not accumulated enough insurable hours while on maternity or parental leave.

The court upheld an earlier decision by the Social Security Tribunal’s General Division, which found that certain provisions of the Employment Insurance Act violate the Canadian Charter of Rights and Freedoms by creating unequal treatment between men and women.

A report by The Canadian Press says that although the rules apply to both sexes, the court found they disproportionately affect women because only women can become pregnant and give birth, and women make up the majority of those who take parental leave.

The court said the rules reinforce the long-standing economic disadvantage linked to pregnancy and motherhood by reducing unemployment protection for women who have recently taken maternity or parental leave.

The contested provisions have been declared invalid, but the ruling has been suspended for one year to give the federal government time to amend the EI program.

Employment and Social Development Canada said the government will carefully review the decision before determining its next steps.