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Denying El to women laid off after maternity leave is unconstitutional: appeal court (cheknews.ca)

submitted 3 days ago by Sunshine@piefed.ca to c/canada@lemmy.ca

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[-] festus@lemmy.ca 2 points 3 days ago* (last edited 3 days ago)

The article doesn't say if the women were laid off because of maternity leave, only that they were laid off around that time. We don't know if anything illegal happened - for all we know one of the employers may have closed an entire branch office or something.

[-] DarkSirrush@piefed.ca 5 points 3 days ago

https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards/forms-resources/igm/esa-part-6-section-54

Even if they did, the employer would be required by the law to give the returning parent an equivalent position. And in the case of a temporary shutdown/layoff, EI has to pay, and should never have required a court ordered decision.

The only real exception I could see is a complete, permanent shuttering of operations in the area, and even that shouldn't deny the returning parent EI, especially in the case of a layoff and not an offering of a nonequivalent position (which would be allowed in that scenario).

[-] Auli@lemmy.ca 2 points 3 days ago

I mean it makes sense not saying it is right but you need minimum hours to qualify for EI. So you go on it return to work get fired and don't have the hours and your screwed.