Wednesday, October 10, 2007

Denied Maternity Benefits by E.I., Adoptive Mom Seeks Leave to Appeal to Supreme Court of Canada

In our August 16, 2007 post, Federal Court Denies EI Maternity Benefits to Adoptive Mothers, Annie Noa Kenet wrote about the Federal Court of Appeal's ruling against Pattie Tomasson, a B.C. adoptive mother of two, whose application for Employment Insurance maternity benefits was disallowed by EI.

According to a Canada Newswire release, Ms Tomassson will seek the reversal of this decision by the Supreme Court of Canada:

On October 9th, 2007, Patti Tomasson filed a Leave to Appeal to the Supreme Court of Canada for employment benefits for adoptive parents.

Tomasson, an adoptive mother of two, has endured a lengthy court battle seeking an additional 15 weeks of leave that is granted to birth parents, but not to adoptive parents. In addition to 35 weeks of paid leave, birth mothers are eligible for 15 weeks of maternity leave for recovery from childbirth. In August 2007, the Federal Court of Appeal ruled that Tomasson did not deserve the additional 15 weeks as she did not endure the physiological experiences of child-birth and the associated recovery process.

- Garry J. Wise, Toronto

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