Question Period Note: ACCESS TO EMPLOYMENT INSURANCE (EI) REGULAR BENEFITS FOR PARENTS WHO LOST THEIR JOB BEFORE, DURING OR AFTER THEIR MATERNITY AND/OR PARENTAL LEAVE (COMBINING OR STACKING OF BENEFITS)

On February 15, 2024, the New Democratic Party, three of Canada’s major labour unions, and Mouvement Action-Chômage de Montréal held a press conference to “urge the Liberal government to change the punitive and discriminatory EI rules against new parents.”

The inability of EI claimants to receive more than 50 weeks combined of regular, maternity and/or parental benefits is the subject of an ongoing legal challenge by six women in Québec, alleging discrimination under the Canadian Charter of Rights and Freedoms. In January 2022, the Social Security Tribunal (SST) – General Division ruled in favour of the claimants. This decision was subsequently overturned on January 9, 2024 by the SST – Appeals Division, and most recently, the claimants, supported by Mouvement Action-Chômage de Montréal, have filed a leave to appeal to the Federal Court of Appeal on February 8, 2024.

The Government recognizes that balancing family, work, and financial considerations is a challenging task for Canadians raising young children, and that each family has its own needs.

That is why this Government has made a number of important changes since 2017 to give parents more flexibility. This includes allowing EI maternity to be claimed up to 12 weeks before childbirth, new options for standard and extended weeks of parental benefits and encouraging greater sharing of benefits by both parents.

Through the 2023 Fall Economic Statement, we also introduced a new, 15-week benefit for adoptive parents and parents through surrogacy, demonstrating our commitment to build an inclusive EI program.

EI is a complex program and modernizing it is a serious undertaking that requires careful consideration and time.

Our Government is committed to building an EI program that is simpler, more responsive to the needs of workers and employers and financially sustainable.

If Pressed on the Charter challenges from women in Quebec

The Government does not comment on ongoing cases before the courts or discuss an individual’s personal circumstances.

The Department is monitoring ongoing litigation related to the combining of benefits.

EI Maternity and Parental Benefits

EI maternity benefits are provided for up to 15 weeks to eligible persons who are pregnant or who have recently given birth in order to support their recovery.

Parental benefits provide temporary income support to parents who take a leave from work to care for their newborn or newly adopted child or children. Eligible parents, including adoptive parents, can choose between standard or extended parental benefits. Parental benefits can be shared among EI eligible parents.

Combining benefits

A basic design feature to qualify for EI benefits is to demonstrate attachment to the labour force. To qualify for EI, workers are required to have accumulated a minimum number of hours of insurable employment in the 52-week period preceding their claim (or since their last claim, whichever is shorter).

Also, EI has a program designed for self-employed workers that can help them access 6 types of special benefits, including parental and maternity benefits. To be eligible they need to have made a minimum amount in net earnings during the calendar year preceding the year in which their claim for benefits begins. For claims in 2024, they must have made $8,492 in net self-employment earnings in 2023. Note that regular benefits aren’t available through this program.

EI rules provide that a claimant may combine different types of EI benefits during their claim if they meet qualifying and entitlement conditions for each type of benefit. When regular and special benefits (such as maternity and parental benefits) are combined, the EI Act specifies that a maximum of 50 weeks may be paid. These benefits must be claimed within 52 weeks following the start of the claim. After an EI claim ends, workers must re-establish their eligibility to qualify for additional benefits.

If someone works while receiving benefits or returns to work prior to a future claim (e.g. maternity and parental benefits), they may open a new benefit period if they have accumulated the required number of hours of insurable employment.

Quebec Parental Insurance Plan

Since January 1, 2006, the Province of Quebec has been providing benefits to workers who are temporarily away from work due to pregnancy, childbirth or adoption of a child(ren) through the Quebec Parental Insurance Plan (QPIP). New parents residing in Quebec seeking to access QPIP benefits are subject to the rules that apply to that program and, when they are combining QPIP and EI benefits, are subject to the EI rules The Government of Canada works with the Government of Quebec to ensure continuing coordination between the two programs.

Social Security Tribunal and the Charter challenge

The Social Security Tribunal (SST) is an independent administrative tribunal that makes decisions on social security appeals, including appeals related to EI regular benefits, sickness benefits, maternity and parental benefits, caregiving benefits, benefits for the self-employed, and fishing benefits.

On January 10, 2022, the SST rendered a decision regarding a Charter challenge to the provisions of the EI Act. Six women were denied EI regular benefits after their maternity and parental benefits ended because they had not accumulated enough hours of insurable employment during their qualifying period upon their return to work or could not extend their benefit period. The six women lost their jobs before, while on, or shortly after their maternity and parental benefits. The General Division ruled in favour of the appellants and declared that provisions of the Act discriminate against women on the basis of their sex and pregnancy and violate their rights under the Canadian Charter of Rights and Freedoms.

On March 11, 2022, the SST Appeal Division granted the CEIC leave to appeal.

On January 9, 2024, the Appeals Division of the SST ruled in favour of the Canada Employment Insurance Commission (CEIC) and found that the disputed provisions of the EI Act were constitutional. Those who challenged them are therefore not eligible for regular employment insurance benefits.

On February 8, 2024, legal representatives for the applicants filed a leave to appeal with the Federal Court of Appeal. This was accepted. The applicant’s affidavit is due on March 9, 2024, and the CEIC response affidavit is due on April 8.

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