Workers who lost jobs during maternity leave bring case to federal court

A pregnant woman holding her stomach. (File photo)

The case of workers whose jobs were eliminated during maternity leave and who were denied regular insurance benefits is once again before the courts.

Six workers in this situation, supported by the unemployment action group Mouvement action chômage Montréal, are now asking the Federal Court of Appeal to overturn the appeal decision of the Social Security Tribunal (SST).

The case began with six workers who lost their jobs either during or shortly after their maternity leave due to the elimination of their positions or company restructuring.

They were denied regular employment insurance benefits because they had not accumulated enough work hours during the qualifying period to receive regular benefits.

They first challenged the decision of the Employment Insurance Commission before the SST's general division, which ruled in their favour, finding that certain sections of the Employment Insurance Act violated the Canadian Charter of Rights and Freedoms.

This case was appealed, but the SST's appeal division overturned the decision, ruling that the contested provisions were constitutional.

This report by The Canadian Press was first published in French on Feb. 9, 2024.