EI rules may claw back bonuses from pregnant B.C. women

'We’re concerned that these regulations contain a systemic bias against women.' - George Heyman

Victoria (6 April 2006) - The B.C. Government and Service Employees’ Union (BCGEU/NUPGE) may go to court to challenge the claw back of significant portions of a recently-won signing bonus if members affected were on maternity leave at the time. The union is currently seeking legal advice.

The bonuses were part of a new contract negotiated by the BCGEU on behalf of members. At issue is the manner in which federal Employment Insurance (EI) rules are applied to the women affected.

“We’re concerned that these regulations contain a systemic bias," says union president George Heyman. "That’s why we’re seeking legal advice about challenging the regulations in court.”

EI rules apply differently to the 15-week period recognized by the program for maternal leave and the subsequent 37-week parental leave period.

During the 15 weeks a woman is on maternity, 100% of any additional earnings may be clawed back from EI benefits. But during subsequent parental leave, which many male partners or husbands share, income can be retained up to 25% of the EI benefit.

“On the face of it, the rules seem discriminatory,” says Heyman. “In the public service agreement covering 25,000 direct government employees, the EI rules mean women on maternity leave would see no benefit from a bonus. Money placed in one pocket as a bonus, would be immediately taken out of the other pocket by EI deducting a matching amount in benefits.”

In addition to seeking advice on whether there are grounds for a Charter of Rights challenge, Heyman is also hoping to arrange a meeting with Chuck Strahl, the senior B.C. minister in the new Conservative cabinet. The union is also prepared to advise and support individual members in any appeals they may have against EI for improper deductions.

It remains unclear how many women members are affected but the union is encouraging members who are on maternity to contact their area office for advice regarding EI appeals. NUPGE