Jennifer McCrea was told she couldn’t access sickness benefits while on maternity leave. (Canadian Press)

Feds settle lawsuit with moms denied extra EI benefits for sick leave

The government said it made the wrong decision and is agreeing to pay an estimated $11 million to about 2,000 women

It was seven years ago this week that the federal government told new mom Jennifer McCrea she couldn’t access sickness benefits while on maternity leave.

On Tuesday, the government publicly said it made the wrong decision and is agreeing to pay an estimated $11 million to about 2,000 women who, like McCrea, were blocked from accessing 15 extra weeks of employment insurance payments on top of a year’s worth of maternity benefits — despite the rules saying they could.

McCrea, the woman at the centre of the case, said the settlement had left her in tears most of the day with the burden of the case now lifted from her shoulders.

“There were a lot of people that this happened to and we wanted to make sure it didn’t happen to anybody else in the future and that we needed to help them,” McCrea said in a telephone interview from her home in Calgary.

“Absolutely we’ve been successful in doing that. Whether that took seven years or 17 years, that was originally what it had to be and it wasn’t just about me…. It was about helping others.”

McCrea was diagnosed with breast cancer in July 2011, while she was on maternity leave with her youngest son, Logan, who was eight months old at the time.

She had a double mastectomy in August 2011 and was deemed cancer-free shortly afterwards, but was denied sickness benefits, despite a 2002 law that allowed new parents to access the additional weeks of EI payments.

McCrea took the government to court in 2012 alleging thousands of others were also denied benefits between 2002 and 2013, when the Tories clarified the law for all future claims.

The problem was that prior to 2013, the government wouldn’t let new mothers and fathers switch from parental to sickness benefits until they could show they were otherwise available for work.

During the 2015 federal election the Liberals vowed to put an end to the legal dispute if they were elected only to rack up a legal bill of more than $2.5 million fighting the women in court after they formed government.

Federal lawyers gave the first hints earlier this year that the Liberals were ready to settle the case. Months of negotiations and paperwork followed before documents were officially submitted in August.

The settlement is conditional on Federal Court approval that is expected to happen in early December and payments should begin flowing to eligible women by next spring.

“I’m happy about it. It’s just a tremendous relief,” McCrea said.

In a statement, the government said it “recognizes the challenges faced by Canadians who cannot work because of illness, injury and other family challenges” and reached a settlement in the case to “bring closure to these legal proceedings.”

Ottawa has not asked for any upper limit for pay outs, meaning federal coffers will pay out 100 per cent of the wrongfully denied benefits, including to families of women who have died. The total cost could be between $8.5 million and $11 million, but that will depend on the number of eligible women.

McCrea’s lawyer, Stephen Moreau, said the government’s decision to not impose a cap on payments was significant, particularly after a protracted legal fight.

“Although this has taken a long time to get here, six and a half years of litigation, I am happy,” he said.

The women in the case, he said, have “persevered and they’re going to get 100 per cent what they’re owed.”

The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Broken axle New Hazelton derailment could happen again: TSB

Derailment by New Hazelton caused by a broken axle can happen again without different way to inspect

Terrace resident’s bill banning single-use plastics introduced in Ottawa

MP Nathan Cullen’s presented Ben Korving’s private member’s bill Wednesday

Mold shuts down construction at QC supportive housing project

Construction of the new 19-unit modular housing complex in Queen Charlotte has… Continue reading

Conservation office launches new gaurdian role for Haida Gwaii

Possition developed in part to improve partnerships with Haida Nation

B.C. BUDGET: Surplus $374 million after bailouts of BC Hydro, ICBC

Growth projected stronger in 2020, Finance Minister Carole James says

Sell regulated heroin to curb B.C.’s overdose problem: report

B.C. Centre on Substance Use points to organized crime and money-laundering as contributing factors

BC SPCA investigates Okanagan woman with prior animal abuse convictions

BC SPCA is investigating a property near Vernon

Man wanted for sex trafficking, confinement may be heading to B.C.

Kevin Myrthil, 26, is also accused of assault on a 19-year-old woman at an Edmonton hotel

B.C. Speaker Darryl Plecas resumes battle with suspended staff

Committee meets at B.C. legislature to consider new allegations

Former B.C. fire chief sues his city after termination

Keith Green’s civil claim says that he believes he was wrongfully terminated

B.C. man injured in police shooting now in wheelchair

“Shots were fired by police and the Kelowna man was transported to the hospital with serious injuries.”

Risk of ‘deadly avalanches’ leads to warning for B.C.’s south coast

Weak layer of snow on Vancouver Island, Lower Mainland could trigger an avalanche

Peter Tork, Monkees’ lovable bass-guitar player, dies at 77

Tork, Micky Dolenz, David Jones and Michael Nesmith formed the made-for-television rock band

From a drunk judge to Clifford Olson: George Garrett recounts a life in B.C. news radio

New book from ‘Intrepid Reporter’ George Garrett offers readers a glimpse behind the headlines

Most Read