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.
The Federal Court of Appeal has declared it unconstitutional to deny employment insurance benefits to women who have recently received maternity or parental leave and have since been laid off. The ruling was made in favour of a group of Quebec women who had been denied EI after being laid off during, shortly before, or just after their maternity leaves.
The court found that the rules violated the Canadian Charter of Rights and Freedoms, which guarantees equal rights for men and women. The decision was suspended for one year to give the federal government time to adjust the program. The women had testified that the denial of EI benefits created financial difficulties, forcing them to use savings, rely on their partners, or borrow from loved ones.
The advocacy organization that led the challenge, Mouvement Action-Chômage de Montréal, welcomed the decision but warned that the federal government has 60 days to appeal the ruling to the Supreme Court of Canada. Employment and Social Development Canada stated that they would carefully review the decision before determining their next steps.
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