Denying EI Benefits to Women Laid Off After Maternity Leave Is Unconstitutional, Canadian Appeals Court Rules

From our other sites

The story

A story about Canada’s appeals court ruling that it’s unconstitutional to deny Employment Insurance (EI) benefits to a woman laid off after maternity leave sparked discussion on Lemmy’s Canada community. Commenters first asked what “EI” even stands for, noting that the term varies by country — it’s called “unemployment insurance” in the US and “Income Protection Insurance” in Australia. Others pointed out a loophole in the system: EI requires a minimum number of insurable work hours, so anyone laid off right after returning from maternity leave may not have logged enough hours to qualify for benefits.

Denying EI to women laid off after maternity leave is unconstitutional: appeal court rules

Source: cheknews.ca / Read the original article here

What people said

2Anonymous2026-09-08 12:54
By the way, EI stands for "Employment Insurance."
9Anonymous2026-09-08 22:08
Re: #2 In the US it's usually just called "unemployment insurance."
4Anonymous2026-09-08 12:39
This is messed up on basic humanitarian grounds, honestly.
7Anonymous2026-09-08 20:47
Re: #6 Even from the article, it's not clear whether she was fired *because* of maternity leave or just happened to be let go around that time. We don't actually know if anything illegal happened — the company could've closed the whole branch, for all we know.
8Anonymous2026-09-08 20:46
Honestly, I never would've guessed this was even an issue. Glad it's now officially been ruled unconstitutional, at least.
10Anonymous2026-09-08 22:42
Re: #9 I'm not familiar with either term, but I think in Australia it's called something like "Income Protection Insurance."
11Anonymous2026-09-09 00:01
Re: #3 I was out of work for 10 months and had no problem getting EI. The company basically "went under" — no notice, no severance — but getting about $1,200 every two weeks really helped.
12Anonymous2026-09-08 23:27
Re: #5 I get the logic, though I won't say it's right. EI requires a minimum number of insurable hours, so if you're laid off right after coming back from maternity leave, you haven't racked up enough hours and you're stuck.
13Anonymous2026-09-08 23:25
Re: #6 It makes a certain kind of sense, in a way — you just haven't accumulated enough insurable hours for EI. I don't know if that's fair, but I do think the company should be made to pay severance.

Background and Key Points of This Discussion

EI (Employment Insurance) is Canada’s unemployment benefits system, which requires claimants to have accumulated a certain number of insurable work hours within a set period before applying. The lawsuit at the center of this story stems from a loophole: workers laid off immediately after returning from maternity leave can lose their jobs before meeting that requirement, leaving them ineligible for benefits. The appeals court ruled this practice unconstitutional. Commenters were split between an emotional reaction — “this is a basic humanitarian problem” — and a more cautious point that the article doesn’t actually prove the layoff was motivated by the maternity leave itself. One thing readers may easily misread: this article does not establish that any specific company illegally fired someone because of maternity leave — what was actually being challenged was the constitutionality of the benefit eligibility rules themselves. Also worth noting, while Canada’s EI/unemployment insurance shares a similar name with Japan’s own 雇用保険 (koyō hoken, “employment insurance”), the eligibility requirements and benefit periods differ between the two systems.

*This article is a condensed, editorially translated summary of the Lemmy c/canada thread “Denying El to women laid off after maternity leave is unconstitutional: appeal court.” Our editorial team is responsible for the translation.

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *