The appellants, school teachers who took maternity leave during the school year, were denied pregnancy benefits under the Unemployment Insurance Act for the months of July and August.
The Unemployment Insurance Commission argued that the lump sum salary adjustment paid upon their separation from employment was attributable to the summer months, meaning there was no interruption of earnings.
The Supreme Court of Canada allowed the appeals, holding that the adjustment payment was for services rendered prior to the leave and no part of it was attributable to July and August.
The teachers were therefore entitled to pregnancy benefits during the summer months.
