The Federal Court of Appeal has found that denying Employment Insurance (EI) supports to new parents who lose their jobs is discriminatory. The Liberals could have resolved this inequity years ago. Now the courts are forcing action.
Workers are being denied EI for not having enough qualifying hours after returning from parental leave or being cut off from EI because of the arbitrary 50-week limit on combined regular and parental benefits.
“Since women still take the majority of EI parental benefits, they are far more likely to be affected by this discrimination,” said Candace Rennick, CUPE National Secretary-Treasurer. “This is wrong and should have been addressed years ago.”
The federal court found these provisions violate the Charter: “They reinforce the longstanding economic disadvantage associated with pregnancy and motherhood by diminishing the unemployment protection available to women.”
The court gave the federal government one year to address the discrimination in the EI Act. At that point, those affected may pursue their claims through the EI appeals process.
“Making women wait another year to have this discrimination addressed is just wrong,” said Rennick. “The federal government must change the EI Act now”
CUPE held a press conference with the NDP in 2024 on this issue. CUPE asked that workers be allowed to use their qualifying EI hours for both regular and parental benefits, up to a maximum 104-week benefit period. These changes would address the discrimination in the EI Act.
This court case was filed by six women in Quebec who lost their jobs before, during or after parental leave and were denied regular EI benefits. On January 10, 2022, the Social Security Tribunal (SST) General Division allowed the appeal and found the 50-week limit on combining special and regular EI benefits to be in breach of the Charter. This decision was appealed and overturned by the SST Appeal Division. The applicants filed an appeal with the Federal Court and they won.
