Federal Court rules Quebec mothers denied EI benefits faced discrimination

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.