Parents of twins should get double parental leave

The federal government recently announced it is reviewing the Employment Insurance Act to ensure that women on parental leave are also eligible for sick benefits. While they are at it, they should also fix the legislation so each parent of twins is entitled to full parental leave benefits.

In April 2009, Christian Martin and Paula Critchley celebrated the birth of twin daughters. Critchley claimed EI parental benefits to care for Athena. Subsequently Martin applied for parental benefits to take care her twin, Lucie.

Initially the Employment Insurance Board of Referees decided that each parent was entitled to up to 35 weeks of parental leave benefits (70 weeks in total). However on appeal, Umpire Russell W. Zinn overturned the Board’s ruling and ordered that only one 35-week benefit period is available to the two parents.

In reviewing the wording of the EI Act, Zinn said that because benefits are due “as a result of the pregnancy and not as a result of caring for a child,” only one paid leave per family is permitted.

In fact, the 15 weeks of EI maternity benefits available only to mothers is designed to deal with pregnancy and its aftermath. Parental leave is intended to ensure continuity of care for the balance of the first year.

Anyone who has ever parented twins can tell you even two sets of hands are not enough. So why when both parents have paid EI premiums,  is only one parental leave available per family if two children are born at the same time?

The federal government can’t be opposing Martin’s claim on the basis of the additional cost to the EI system. Do they think parents of twins will get “more than their fair share” of benefits?"  Since the late 1990s, Canadian women have been having an average of 1.5 children. Surely the small number of twins born each year will not boost the national average. And when two babies arrived instead of one, most of the parents of twins I know happily declared their family complete.

 In 1992 Shalom Shachter went all the way to the Supreme Court of Canada when his claim for Unemployment Insurance (now EI) pregnancy benefits was denied. At the time, only mothers (15 weeks) and adoptive parents of either sex (10 weeks) were entitled benefits upon the arrival of a child.

 Subsequently, his case was the catalyst for legislative changes creating parental benefits available to either parent (35 weeks) in addition to pregnancy benefits (15 weeks) payable only to birth mothers.

Martin is appealing his case to the Federal Court of Appeal but he shouldn’t have to. Allowing both parents of twins to collect full parental benefits is a logical extension of the changes that Schachter fought for. I think it’s also a better way to spend our taxes than dragging Martin and other parents through the courts for many years to come.

 

What do you think?

Also see: Benefits continue during maternity leave, Why one woman lost maternity benefits after a sabbatical  and Maternity benefits for self-employed come with a price .