On Sept 3, 2026, the Federal Court of Appeal ruled that six mothers in Quebec were entitled to regular Employment Insurance benefits after being denied them when they were laid off while on maternity or parental leave.
The decision came after the women had applied for regular EI benefits following layoffs that occurred during their protected leave periods. Service Canada had refused the claims on the basis that the leave status made them ineligible for regular benefits, offering only maternity or parental benefits which the court found insufficient.
The court’s judgment clarified that workers who lose their jobs while on maternity or parental leave retain eligibility for the regular EI program, which provides broader coverage and longer benefit periods than the specific maternity or parental streams.
The six claimants, all residents of Quebec, had been employed in various sectors before their pregnancies. Their layoffs coincided with the time they were officially on leave, triggering the denial of regular EI. The ruling overturns those denials and orders that the benefits be paid retroactively.
Legal experts noted that the ruling aligns Quebec’s interpretation of EI eligibility with federal guidelines, removing uncertainty for employers and employees alike. The decision may affect future EI claim assessments for workers in similar circumstances across Canada.
Service Canada indicated it will adjust its processing procedures to reflect the court’s interpretation. The affected mothers are expected to receive the backdated payments shortly.
The case highlights a broader issue for workers who experience job loss during protected leave, a scenario that has risen in recent years as employers restructure. Advocacy groups have called for clearer guidelines to prevent similar denials.