Adoptive mothers are not entitled to the same level of maternity benefits as biological mothers. That's the effect of a January 24, 2008 decision of the Supreme Court of Canada denying leave to appeal to a a woman who, after adopting two children, sought parental and maternity benefits under the Employment Insurance Act. She was awarded the 35 weeks of parental benefits, but not the additional 15 weeks of maternity benefits on the basis that the latter were for the purpose of allowing biological mothers recover from pregnancy and childbirth.
The case is Patti Tomasson v. Attorney General of Canada (F.C.) . The Federal Court of Appeal decision can be found at the following link:
http://decisions.fca-caf.gc.ca/en/2007/2007fca265/2007fca265.html
Monday, February 4, 2008
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