Federal Court rules Quebec mothers denied EI benefits faced discrimination
A three-judge panel unanimously agreed that Employment Insurance rules limiting job-loss benefits after maternity leave violate the Charter. The government has one year to amend the program.
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Update — September 04, 2026: The Federal Court of Appeal found that the Employment Insurance Act violates the Canadian Charter of Rights and Freedoms by denying job-loss benefits to women who lose work during or shortly after maternity or parental leave. The three-judge panel sided with six Quebec women who were denied benefits because they had not accumulated enough insurable hours while on leave.
Six Quebec mothers who lost jobs before, during, or shortly after maternity leave and were then denied employment insurance job-loss benefits won a landmark Federal Court of Appeal ruling Thursday. The three-judge panel unanimously declared that the contested provisions of the Employment Insurance Act are discriminatory under the Canadian Charter of Rights and Freedoms.
The women had accumulated enough work hours to qualify for regular EI benefits, but the legislation prevents them from stacking maternity and parental benefits with job-loss coverage. Some in the group exhausted their maximum benefits and were denied additional EI job-loss support. The cases date back to 2016, 2017, and 2018.
"The plaintiffs find themselves in a more disadvantageous situation precisely because they interrupted their employment to have children and care for their newborns," the court wrote. In a second statement, the panel added: "The legislation deprives new mothers in the applicants' situation of the unemployment insurance protection they have earned. This is a burden that stems directly from pregnancy and the responsibility of providing care. In short, the price to pay for receiving maternity and parental benefits provided by law is the loss of the right to unemployment benefits, a price that women pay disproportionately."
The court suspended its decision for one year, allowing the federal government time to consider how to amend the program. The court referred the plaintiffs' claims back to the Employment Insurance Commission for reconsideration. Individuals in the same situation as the applicants may also obtain redress under section 24 of the Canadian Charter of Rights and Freedoms.
Under current rules, time spent on maternity leave does not count toward the insurable hours needed to qualify for EI benefits. Women have been challenging this provision in court since 2018. The number of women affected by this rule who have not yet received redress, or whose cases remain pending, is unknown.
How many women denied EI job-loss benefits on these grounds remain uncompensated?
Will the government restore benefits retroactively to women who exhausted their combined limits?
What specific amendments is Ottawa considering to fix the discrimination?
We'll update this story as answers emerge.
The facts
What did the Federal Court of Appeal rule on Thursday, September 3, 2026?
A three-judge panel unanimously declared that provisions of the Employment Insurance Act preventing mothers from combining maternity and parental benefits with job-loss coverage are discriminatory under the Canadian Charter of Rights and Freedoms.
How many Quebec mothers won this case?
Six Quebec mothers who had lost jobs before, during, or shortly after maternity leave and were denied employment insurance job-loss benefits won the ruling.
How long does the federal government have to amend the Employment Insurance program?
The court suspended its decision for one year, giving the federal government time to consider how to amend the program.
What years do the cases date back to?
The cases date back to 2016, 2017, and 2018.
