Moms still waiting for federal action on EI sick benefits
Liberal government urged to live up to pledge to end legal battle that has already cost $2.2M
More than five months after promising to “immediately end” Ottawa’s legal battle against women who were allegedly denied EI sick benefits while on maternity leave, the federal Liberals have yet to act.
Newly released figures show that since 2012, the government has spent $2.2 million fighting a class-action lawsuit filed on behalf of thousands of mothers who may have been denied employment insurance payments after they fell ill.
A spokesman for Employment and Social Development Canada said he could not comment on whether the new Liberal government intends to drop its opposition to the suit, or when it might do so.
“Officials are continuing to analyze the details,” wrote Josh Bueckert in an email. “As this case is currently before the courts, it would be inappropriate to comment on the specifics of the case any further.”
Jennifer McCrea, the 39-year-old Calgary woman who launched the $450-million class-action suit four years ago, said she understands it takes time for a new government to “get its ducks in a row,” but she had hoped her legal fight would be over by now.
“I’m not at the point where I’m necessarily frustrated with the new government yet, but we are definitely looking forward to having them open the conversation,” she said.
The lawsuit stems from legislation Parliament passed in 2002 that entitled new mothers who fell seriously ill to up to 15 weeks of EI sickness payments on top of their parental and maternal leave.
According to her statement of claim, McCrea was diagnosed with breast cancer in July 2011, eight months after giving birth to her son Logan. A double mastectomy rid her of the cancer but left her incapacitated for weeks, and when she applied for EI sickness benefits while still on leave she was turned down.
In May 2015, a federal court judge certified the class-action suit. At the time, McCrea and her attorney argued that more than 3,229 mothers who were denied benefits between 2002 and 2011 could qualify for compensation. McCrea’s lawyer said in an interview that each woman deemed part of the class could be entitled to up to $7,515 each, plus damages.
As the Star reported in 2014, although the previous Conservative government quietly paid several hundred women who were appealing the rejection of their claims, the Tories contested the lawsuit. Last October a Liberal spokesperson promised to “immediately end” the legal dispute if the party won the federal election.
The Liberals did win the Oct. 19 vote, but more than four months after taking power they have yet to abandon the fight. Documents tabled in Parliament last week show Ottawa has spent $2.2 million contesting the lawsuit, an increase of about $1million over the last year. It’s unclear how much was spent since the Liberals took power.
In an interview, NDP labour critic Niki Ashton said “a major wrong was done” to mothers participating in the suit and urged the Liberal government to settle it.
“They were very clear in the election that they would drop the court case immediately, and immediately is not six months later,” said Ashton, (Churchill—Keewatinook Aski).
Heather Bonynge, a 34-year-old Saskatoon woman who is taking part in the class action, is also hoping for a quick resolution. She told the Star she was diagnosed with cervical cancer in December 2008, four-and-ahalf months after giving birth to her daughter, Brynn.
Bonynge recounted how she endured two surgeries, followed by chemotherapy and radiation treatment, but when her maternity leave ran out she was still too ill to return to work. She said she was denied sick benefits, which financially hobbled her family.
“My husband and I owned a house, we had a young child. There was all these expenses that had to be paid. We couldn’t survive on one income,” she said.
The couple’s friends and family organized a crowdfunding effort, and Bonynge said she had to take $3,000 out of her savings to make ends meet. She’s now been living without cancer since 2009, and she said that while she’d like to be paid the benefits she was denied, settling the suit would also help her get closure on a difficult period in her life.