An Ottawa couple has successfully argued that parents of twins should both be able to receive Employment Insurance benefits for full parental leaves.

The father of twin girls convinced the Employment Insurance Board of Referees that each parent qualifies to claim benefits for one of the twins.

Christian Martin's wife, Paula Critchley, gave birth to twin girls Lucie and Athena back in April.

Both parents work for the federal government. When they learned they were having two babies, they both applied for parental EI benefits, but Martin was turned down.

The current policy stipulates that multiple children are considered to be one.

"Multiple people can't be equivalent to one. It's just a blatant case of discrimination and I think that case can be made," Martin said.

Entitled to same benefits

He won the case last week when the federal board ruled he is entitled to the same benefits as his wife, a decision made public Thursday.

"So he's worked the hours, he's paid the employment insurance premiums. And he has a child he's caring for and … he's taking time off work to care for that child. So in all respects he was a qualified claimant," said Stephen Moreau, the couple's lawyer.

Moreau said the ruling is the first of its kind in Canada.

"This now means that in any situation where you have two qualified parents — so that is two people who are qualified to make an employment insurance claim — and they have two or more children, they will now be able to make two 35-week parental benefit claims, as opposed to one 35-week claim," Moreau said.

Moreau says the ruling reflects a new reality.

Between 1994 and 2003, Canada's multiple-birth rate rose 35 per cent, he said, in large part because of access to fertility treatments. Moreau says he only wishes this ruling had been made 21 months ago — when his own twins were born.

Gail Moore, head of the group Multiple Births Canada, said the decision sets a precedent but EI officials aren't necessarily bound by the ruling in future cases.