The Federal Court of Appeal has ruled that it's unconstitutional to deny employment insurance job loss benefits to women who recently received maternity and parental benefits.
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).
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.
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).
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.