Law Times

Law Times • November 16, 2009 NEWS to the self-employed, but the head of the Canadian Bar As- sociation hopes the rules will allow for more fl exibility than currently exists. "You shouldn't be penalized for returning to work," says CBA president Kevin Carroll, who feels parents choosing to end their parental leave early should receive the same total benefi ts over a compressed time frame rather than suff er a loss of Em- ployment Insurance payments. Nevertheless, Carroll says a new federal bill that would allow people such as self-em- ployed lawyers to collect EI for the fi rst time will go a long way towards making the profession more fl exible for women. "It gives them the opportunity of not having to make the choice between family and career." For years, in fact, the CBA has been lobbying the federal govern- ment to eliminate what amounts to a disincentive for women in private practice to have children. "It's not a 100-per-cent cure," Carroll says. "But [the ben- efi ts] are suffi cient to encourage people." Th e changes will ensure that working lawyers can spend time with newborn children, he adds. However, that was not an option for Kim Kieller, a sole practitioner in Barrie who fo- cuses on family law as well as mediation and arbitration. Kieller was nine months' pregnant when she got her fi rst job in 1986. "I'll never forget shareholder agreements be- cause I was studying them be- tween contractions," she says. A few years later, she was practising alone when she had her second son. But her income was so reliant on her continu- ing to work that she couldn't aff ord to stay at home. "You needed to make your court appearances; otherwise, you wouldn't have a client base to make an income." It was a sacrifi ce, however, that cost Kieller time with her family. "I paid for it in the long run," she says. Th e freedom to establish families without having to suf- fer professionally is a luxury Kieller didn't have but she wel- comes the changes for a new generation of lawyers. "It's going to benefi t your kids, it's going to benefi t your- self, and it's going to benefi t your clients because they will get you at your best." If bill C-56 passes, the self- employed would be eligible for the same benefi ts available to other Canadians: up to 15 weeks of maternity benefi ts and up to 35 weeks of parental and adop- tive benefi ts as well as coverage for sickness and compassionate care. To be eligible for EI, self- employed individuals who opt Bestcase-reduce costs (LT 1-2x4).indd 1 Starting from $62.50 per month More value for your money! 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But for the moment, the Law Society of Upper Canada will remain the only entity to off er parental leave benefi ts to private practice lawyers. EARLY BIRD Th e Parental Leave Assistance Program is available to sole prac- titioners and lawyers at fi rms of fi ve or fewer. So far this year, 39 lawyers have qualifi ed under the program. According to federal government fi gures, there were around 21,000 self-employed lawyers in Canada in 2005. Still, it's unclear how the new legislation will aff ect the law society's three-year pilot program, says Roy Th omas, a spokesman for the LSUC. A lawyer with access to any parental leave benefi ts, including EI, wouldn't qualify under the law society program, he points out. But benefi ts to sole practi- tioners wouldn't begin rolling out under revised EI rules be- fore 2011. Th e law society pays out pa- rental benefi ts of $750 per week, which is higher than the maxi- mum coverage under EI. 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