Claim rejected because she wouldn’t otherwise be working while on maternity and parental leave
A new mother who was diagnosed with breast cancer while on parental leave has been denied extra EI sickness benefits.
Natalya Rougas, 37, of Toronto, gave birth to her son in early 2009. She had planned to return to work on Jan. 25, 2010, at the conclusion of her year of maternity and parental leave. However, shortly before her scheduled return date, Rougas was diagnosed with breast cancer and began treatment. The treatment includes chemotherapy and she is scheduled to have a double mastectomy, which rules out going back to work any time soon.
Rougas applied for employment insurance (EI) through a provision that can add 15 weeks of sickness benefits for new mothers to the 50 weeks they already get. However, her claim was rejected and an appeal to the EI board of referees was also rejected.
Rougas was confused with the decision, since the provision, added to the Employment Insurance Act in 2002, was supposed to give new mothers who fell ill more time with their babies. But her rejection letter from Human Resources and Skills Development Canada (HRSDC) said she was not eligible for the extra benefit because she was already on parental leave and therefore wouldn’t be working if she wasn't sick.
CAW national representative Laurel Ritchie told the Toronto Star the provision is being narrowly interpreted so sickness benefits only go to mothers who fall ill before they give birth, even though the HRSDC website states mothers who get sick can get the up to the maximum 65 weeks of maternity, parental and sickness benefits combined.
The result is Rougas, whose parental benefits are done but is unable to work because of her treatment, is out the $400 a week for the 15 weeks she would have received had her claim been accepted but she has extra costs for cancer drugs and a nanny to look after her child when she has chemotherapy. She plans to take her case to the EI umpire, an independent arbitrator.
“After you receive a life-threatening diagnosis, you find yourself in this struggle. Besides the fact you have these health issues, you have to think of your financial needs as well," Rougas told the Star.
