News Sections
NDP wants more EI for new moms who get laid off
Font-size:
Share
Print
Comments(86)
CTV.ca News Staff
Date: Tue. Apr. 28 2009 4:59 PM ET
The NDP will introduce a bill in the House of Commons this week to change provisions in the Employment Insurance Act that prevent women who are laid off at the end of their maternity leave from continuing their EI coverage.
NDP Labour Critic Chris Charlton said Tuesday morning she will introduce the private member's bill to help new mothers who lose their jobs shortly before or after returning to work and find out they have used up their EI benefits.
"My bill will bring fairness to working mothers by eliminating the combined 50 week cap entirely, so that families could access their maternity, parental, sickness and compassionate care benefits without worrying that, if they lose their jobs in the interim, they will also lose their EI," Charlton, MP for the Ontario riding of Hamilton Mountain, said in a statement.
Charlton's bill aims to rid the EI Act of the so-called anti-stacking provision, which, for example, prevents mothers who have been on maternity and parental benefits from receiving standard EI benefits if they lose their jobs while on leave.
In late March, Human Resources Minister Diane Finley announced that the federal government would spend an addition $60 million to bolster the EI system. The money will be used to hire more workers to process claims more quickly and to extend the period of coverage by five weeks.
However, the opposition parties complained that the changes did not go far enough, saying that EI should include the part-time and self-employed workers who are ineligible for benefits.
Finley's announcement did not mention changes to the anti-stacking provision, despite the fact that lawyers are reporting a spike in the number of women complaining they have lost their jobs while on maternity leave.
Lawyer Daniel Lublin, an employment law expert, said about four times the number of women are coming to him complaining they were laid off while on leave.
Most provinces have legislation that says that a woman is entitled to return to her job, or a comparable job, upon her return from maternity leave.
However, a provision says an employee can be terminated if it's unrelated to the leave, such as a restructuring.
"And that's kind of the card that they all play," Lublin told CTV.ca in a telephone interview. "They say it's the economy, we're letting you go."
Lublin believes that of the thousands of workers who are losing their jobs in the current economic downturn, many are on leave.
"They're easy targets. They're out of the workplace, out of sight out of mind," Lublin said.
"When you're not there to fight for your job or to work with your employer through the hard times, it's easier for them to turn a blind eye to you."
Amending the EI Act, as the NDP proposes, or changing provincial employment legislation are possible solutions, Lublin said.
But the best option, Lublin believes, would be trying a precedent-setting case before the courts that would compel employers to give more severance to workers they fire while on leave.
"You always look at someone's individual circumstances when assessing their severance pay...so if you agree with me that it's more difficult for a mother who has just come back from maternity leave to find other work, then you should also agree with me that that person would be entitled to more," Lublin said.
However, because getting a case to trial is expensive and time-consuming, a legislative pronouncement, such as the private member's bill, is a quick and widespread remedy.
Last week, NDP Leader Jack Layton said his party would spend the 10 weeks left in the current Parliamentary session working on EI reform and improving other benefits for the unemployed.
Charlton is calling for her bill to be rushed through Parliament before Mother's Day, May 10.
"We know that this government is capable of rushing through priority legislation in as little as a couple of days. They've done it before," Charlton said. "Hard-working women deserve more than just flowers and chocolates, they deserve fairness when it comes to accessing EI this Mother's Day."
User Tools
Related Stories
User Tools
About the tools
Need to get in touch with CTV? You can email the CTV web team using the 'Feedback' button.
-


Font-size
Print Article
Comments(86)-
Feedback
Share it with your network of friends
Share this CTV article or feature with your friends. Click on the icon for your favourite social networking or messaging system, and follow the prompts.
Most Viewed News Stories
Most Talked about Stories
I applaud the budget, even though Health Care and education may stay unscathed. Sadly this cannot last and I worry to later this year where cuts will become enviable. If anything, this provides the Wildrose Alliance plenty of ammo when an election is called.


Comments are now closed for this story
Compassionate Conservative
said
scorpion
said
fpjblue calgary
said
Rose
said
Great idea!
said
Speor5
said
J.C.
said
kate
said
Cory
said
Only democracy works
said
JB at the UofC
said
WOW is the first thing that comes to my head. Are you saying these things because it's the NDP? Would you completely support this if it was Harper announcing it?
I am one of the biggest Harper fans out there, but sometimes I don't agree with what Harper does. I don't like the NDP at all and believe that it's people that have no idea how the economy works and retired people that vote for them.
But sometimes you have to step back and admit that good ideas come from people that are not Conservative.
I think this is a good idea and I will write my Cons. MP asking them to support this.
These are women who had a job when they got pregnant and because of the slow down were laid off while on leave. Show a little heart people, your comments are NOT Canadian, go live in Texas if that's how you really feel, with the rest of your capitalist EXTREME righty's.
Vanessa
said
Christine in Sudbury
said
"choose to get fired"? I don't know many people who choose to be fired, but regardless, if you get fired you are not eligible for EI. This provision is not for women who didn't have a job to begin with but those who intend to go back only to find themselves without a job. I have had three children, taken my parental leave with all of them, and gone back to work. If I were suddenly to find myself with no job to go back to, I would appreciate the leeway to find something else with a little income coming in (at max. $350 or so a week, you don't get rich on EI benefits). Better I should go on welfare and stay home indefinitely?
DD from ON
said
The 50-week maternity leave doesn't apply to everyone. Lots of women have a much shorter leave, or none at all. Now that there is a greater number of low-paying, part-time, temporary and contract jobs, I think this bill would bring us in a good direction.
As a side note, I wonder how many women lose opportunities for promotions and raises because they go on maternity leave.
Marietta
said
smuggy
said
They figure, there are many single mums as well, they might as well target them.
NDP,NDP,NDP.... u never cease to amaze me.
Smart move though, i'll tell u that.
Beth
said
P, Toronto
said
I am not surprised by your comments even though I strongly object! Why should a working mother lose her job while she's pregnant and not get extended benefits? I would support this bill in a heartbeat if I were the MP in my area.
PRO-support for mothers
said
Conservative who likes the idea with stipulation
said
The issue is that we will have to ensure that it is not abused. For example if a company "lays off" an employee when there was no real need for it just so that the employee can get the extra benefits then the company should be held financially responsible. The same should be true if a company lays off someone instead of firing them for valid reasons.
I think EI is something that is there as a safety net and just because you have a child you should not loose it, however I also believe that if you abuse the net intentionally that from that point forward you should be without....
Brian Fraser
said
You have children, you support them, leave John and Jane taxpayer out of the equation.
I am sorry if people disagree with that concept.
Mommabear
said
Jason
said
BrianB
said
c. Morris
said
They pay into EI like any other, why should they not access it? I expect that if you lose your job you refuse to take EI (even though you have paid into it). John and Jane taxpayer shouldn't pay for you to have an income if you are let go, either...
liz ottawa
said
Have some understanding
said
Women who take leave have a reasonable expectation to return to a job. For this reason they are not going to use this time to look for work. Companies generally do not inform those on leave that they are going to be laid off since legal issues can easily arise (the person on leave finds out they'll be laid off, but the company can't officially lay them off because they are on leave).
I've seen many women laid off immediately after ending leave. They are an "easy" target since someone has been filling the role already.
I think the current policy prevents EI from being used as it should be, by those who unexpectedly lost work and need some financial help until they find a new job.
For those who complain about paying for other people to have kids, I could see some merit in the argument that EI should not be paying any maternity benefits (not sure I agree with that, but at least it makes more sense than denying EI to someone who's paid for that safety net and then can't use it when they need it). This people can plan for and limit the leave to what they can afford. However, without a doubt it should be there for those who lose there job after their leave.
Finally a good idea from Jack
said
Thanks for pointing out that parents who choose to stay home and take care of a baby are in fact taxpayers, clearly that fact is lost on many of the posters here. I am the father of a beautiful little girl and I spent 5 months at home with her on paternity leave, did I get EI? yes I did, the little that is available but I did it because I now have a deeper bond with my daughter that I may not have had otherwise. Shame on anyone who makes a ridiculous statement like "perhaps you shouldn't have kids if you can't afford it"
If you really want to look at where the EI system can save money how about seasonal workers who work for 8 months and collect for 4 months, why is that acceptable to you but this isn't??
R from O town
said
Happened to me
said
Prynce
said
P.S. Workers who are fired or quit their jobs do not get EI, and persons receiving regular EI are tracked on their job search.
Tori
said
They should be able to return to their jobs as if never having left. Employers can hire interm and temps for the duration of maternity leave.
This is the same as our reservist in the military. They work civilian jobs and have to quit to serve our country because there is no legislation to protect their jobs when on active service.
Time that legislation protects all, not just new moms but new dad's who take the paternal leave when mom works.
How about protecting the job of a person who has to be home to care for a loved one who is dying? They can draw unemployment now but there jobs are not protected.
There are too many scenieros for the government to just offer job protection to pregnant and working moms.
cs
said
mother, not a baby
said
reporting from ottawa
said
Bob NS>
said
Bottom line EI money comes from the working people.
I think that 50 weeks of drawing money from working folks is plenty.
Don't push it too far.
Bob NS>
Jodi
said
P, Toronto
said
I'm not a mother, yet...and if I lost my job while on mat leave, I would be devastated. With the little money coming in from EI, lets face it, you only get 55% of your income AND you are taxed on top of it, who on earth would want to lose their job on purpose? For those who are working mothers out there, I applaud you for being able to live on 55% of your regular income for a year...and that's of course if you have husband to support you as well (not everyone does) I don't normally support the NDP, but think this is great idea since it protects what little amount you get to begin with.
Tanya
said
Nelly AB
said
Jenn
said
Brett in Alberta
said
Don't you people think it's a little harsh for somebody to max out their EI on maternity leave to come back and find out they are laid off and have no more EI?
But "they choose to get fired"? They "should have to deal with it"? If you don't like the idea of the NDP than give a better idea, otherwise, ZIP IT, your just as bad as the Liberals and NDP for making criticim without a better plan.
An alternative idea could be a garantee of employment for X amount of time after coming back, then it falls on the employer and not the taxpayer. It also gives the person time to earn some EI time.
Or perhaps everybody should get a longer severance pay, this would make employers really think "ok we really don't need this person" so much so that they are willing to pay the extra severance.
One way or another if this type of layoff is happening then there is an injustice happening and it needs to be dealth with, maternity leave was not intended for new mothers to be looking for work because the got laid off while on maternity leave.
p.s. I am a huge Cons supporter, but I am a huge believer that good ideas come from everybody, If you don't like an idea give a better one.
Labrador Girl
said
Rose
said
You are right, no one plans on getting laid off, but people do. Men and women who do not take mat leave don't plan on losing their jobs either. However, it is not MY responsiblity should you choose to have children, and I should not have to pay higher premiums. Yes, I have 3 children. I was a stay at home mom too. I did not and do not expect someone esle to foot the bill for my choices.
Walter (Winnipeg)
said
We would have a lot less problems with our children would be taken care of by their parents.
Dee Bank
said
Windsor Woman
said
Marg
said
Junior
said
With the increased UI rates across the Country even Ontario will be entitled to extended periods of EI. Have we heard from and Dads out their who got a lay off while on Paternity leave?? Just asking??How would they fit in??
Fairness
said
I was terminated the week that I was to return to work, and thought, "no problem...laid off employees receive EI." Not in my case...I would have had to work 16 weeks after returning from leave to qualify, so while everyone else received benefits, I didn't. I had contributed to EI since being employed from age 19.
Now on the other hand, you have my brother-in-law, who as an extremely able-bodied 31 year old, works four months of the year, and collects EI for the remaining eight months, and does this consistently.
Tell me where the equity and fairness is in all of this? Who takes advantage of the system? Some of you need to really think this through a little better.
Mr T, Happy Responsible Father of 3, Ontario
said
Canadian Deathrate - About 0.7% (Stats Can)
Bear in mind that, without children to replace ALL of us,we are more dependant upon immigration to fill the void/support us/maintain pensions/provide services as we get old, retire and die. Alternatively, reducing population = reducing GDP (probably) = longer and longer recession = even those without kids lose jobs and claim money from EI that taxpayers like me are funding (as well as 3 kids and a stay-at-home mom).
We are all dependent upon each other, whether you like it or not.
Bay Street Recruiter
said
JB at the UofC
said
Spoiled, Selfish, Self-centered...Oh the list goes on, but I want CTV to post my comment. These are some of the thoughts that come to mind when I read your comment.
A stay at home mom, with 3 kids, I don't think anything more needs to be said when it comes to the amount of money you married into. For the other 95% of us who don't have the LUXURY to be able to stay at home while raising 3 kids, there is a little security expected when you go on mat/pat leave to have a kid.
Getting laid off during this time is not something anybody can plan for, so how is this their "choice?" Your saying that now this is something somebody has to take into consideration when having a child? Isn't there enough that people have to tend with when having a child?
The average age of starting a family is approx. 30 years old, these are well established people. This isn't some 18 year old who is getting laid off from McDonald's. If everybody has to have 100% certainty to have a kid then nobody is going to have a kids.
Jason in London
said
These comments by C.C. suggest that women routinely go out and get pregannt in order to collect EI, and/or choose to get fired while on benefits so they don't have to return to work.
The EI system in general needs to be reworked for more than just women losing jobs while on maternity leave to get closer to individual situations. I just can't think of any part of our society that needs it more than a newborn child.
Trent
said
JJ
said
If you feel so strongly that you don't care about these women, then maybe you wouldn't mind signing away your CPP and any long term health services that are paid for by future adults and the families that raise them.
Lastly, if your parents chose that attitude, you wouldn't be here making ridiculous comments :P
Just asking
said
What about the men who take the leave and then get laid off, does it apply to them as well ......
EI is a Beneifit , having a family in most cases is choice, when you make that choice of your own free will why should EI be extended
AJW-Ontario
said
It think that should be part of the legislation. and if any company does that they should have to pay a hefty fine and a hefty compensation package to the person they had laid off.
Bob
said
A mother
said
Keyes
said
Leslie
said
It's simple, we pay into EI while we work, we collect while we don't...if we are laid off during that time is it our fault? I don't think so! If you don't want to have kids, or take less time while on leave, that's your choice, but don't go knocking other people who actually want to have the quality time with their kids. Kids grow up fast enough these days without taking what little time you get with them in the beginning that you do get and without a lot of income. For those who believe in what I do, thanks for your support, for those who don't, you're missing out on a wonderful time in the lives of the next generation.
Brett in Alberta
said
Do you really think that because your husband makes enough money to support you and your 3 kids that you are not a burden on society?
Who is paying for your portion of the roads you are driving on? Who is paying for your portion of income tax you are not paying? Or anything else you seem to be taking for granted?
These women are expecting to go back to work once they come back from Mat/Pat leave, a system we are all entitled to. These are women who want to go back to work and pay taxes to make up for the people who stay at home and don't contribute to our GDP.
And you criticize the very people who make up for the portion you are not paying? I don't think you have the right.
You use the same things that every other person uses but you don't pay taxes, maybe your husband should have to pay for the taxes you don't pay, since after all it was your "choice" as you said. So please don't sit at your computer and say that you are not a burden on society.
Jane
said
Anyone who thinks that pregnant women "choose" to get fired should "choose" to keep their mouth shut.
DON
said
Dave in NB
said
Hillary
said
Why is it not law that companies cannot layoff or fire women for being on maternity leave?
-----------------------
DUH. Ever think that conditions and businesses change while mommies are away?
Bundy
said
JF Calgary
said
Kirk
said
Anne
said
Molly
said
I cannot believe what I'm reading....heartless people! Have you no compassion for others?? If you were in this situation would you not want the same?? Until you or someone you know go through something like this, please keep your comments to yourself.
-----------------------
Is is just me or someone asking others to 'keep comments to themselves' on a COMMENT board the greatest irony.
Sad.
Frank Lee
said
-_-
said
chad
said
CW
said
Randy Conn
said
How about this? An all expense paid trip for all the new moms .. or a new car!
Where do u think this money is going to come from??? The money tree?
nurseinvancouver
said
Compassionate Conservative
You said what needed to be said!!
Linda in Vancouver
said
Just like the NDP always does,they stand up for those who wnat to recieve these benefits,but say nothing to support those who have to pay for them.It is a mirror image of their policies on crime.They love to defend the "poor" criminals,but ignore the rights of victims and law abiding citizens.
Perhaps every time we demand more spending from the government,we should include a plan that tells us where that money will come from.Which taxes will go up to support this,or which other services should be cut in favour of this new plan to spend more here.
This idea is little more than a thinly veiled plan to troll for more votes in the next election.Harper can be prtrayed as evil for not supporting it,and an NDP with no hope of ever forming a government,and no way to be held accountable,can boast about something they will never have to find the funds for anyway.
Well,sometimes,when people ask for something,just like a prayer for something,if you are responsibel for governing,the answer has to be "No".
Just as I always hate to say "No" to my kids,I know that is often the only right answer.Jack Layton can act the role of spoiler because he will never have to pay ALL of the bills,and "yes" is always earier to say in cases where someone else will be held accountable.
This is his way of forcing more social engineering on an entire nation.
Maria, Vancouver
said
That's right, everyone for themselves! Go to certain parts of the world where people actually practice that and you will find some of the most vicious slums and crime ridden societies in the world. Is that where you want to live? Do you want 'no-go' zones in YOUR city? Do you want to have to fear walking the streets at night? We all need to learn a thing or two from the Nordic countries who always top happiness, equality and well-being lists. A little giving to those less fortunate goes a long way to improving ALL levels of our society.
Glasgow, Scotland
said
You are one of the many uneducated/uninformed individuals out there who HAVE to stop confusing socialism with communism. They are not the same thing. China and the Soviet Union are/were COMMUNIST not socialist nations. Google it, pick up a book, anything. Just don't post your musings until you have something intelligent to say.
new mom
said
Adam
said
Tired of all the loud Hypocrites
said
tmc2318
said
Don
said