The court said it will not hear an appeal from Christian Martin and Paula Critchley, who each wanted to take a full 35 weeks of parental leave after their twin daughters were born in April 2009.
The couple had argued that the Employment Insurance Act was inconsistent and violated the couple's right to equality under Canada’s Charter of Rights and Freedoms.
The Canada Employment Insurance Commission initially ruled against them on the basis that multiple births and adoptions are treated as a single event for the purposes of employment benefits.
A board of referees overturned that decision and gave them each the 35 weeks they wanted.
That ruling was then overturned by an arbitrator, whose findings were upheld by the Federal Court of Appeal.
The Supreme Court gave no reasons for its decision, as is its practice.