What Is Parental Leave in Canada?
Parental leave in Canada is a job-protected leave of absence that allows parents to take time off work to care for a new child after birth or adoption.
Parental leave in Canada involves two different legal systems:
- Employment law – protects your job while you are on leave
- Employment Insurance (EI) – may provide income while you are off work
These systems are separate.
EI pays benefits. Employment law protects your job.
You can have the right to parental leave even if you do not qualify for EI benefits. Birth mothers may take maternity leave in Canada before parental leave begins.
Who Can Take Parental Leave in Canada?
Parental leave in Canada is available to:
- Birth parents
- Fathers and non-birthing parents
- Same-sex parents
- Adoptive parents
Eligibility for job-protected parental leave depends on:
- Which province you work in, or
- Whether you are federally regulated
How Does Parental Leave Work in Canada?
Parental leave works the same way across Canada at a high level:
- You notify your employer that you will be taking parental leave
- Your employer must grant the leave if you qualify
- Your job is protected while you are away
- You are entitled to return to work at the end of the leave
What differs across Canada is:
- How long the leave lasts
- Notice requirements
- Return-to-work protections
Those details are set by provincial or federal employment law, not EI.
How Long is Parental Leave in Canada?
There is no single national length for parental leave in Canada.
In most provinces:
- Parental leave is up to 61 or 63 weeks
- The length depends on whether maternity leave was taken
Each parent generally has their own entitlement to parental leave.
Is Parental Leave Paid in Canada?
Employers in Canada are not required to pay employees during parental leave.
Some parents receive income through:
- Employment Insurance (EI) parental benefits
- Employer top-up programs (if offered)
EI parental benefits are:
- Administered by the Government of Canada
- Separate from employment law rights
- Subject to change over time
Your right to parental leave exists regardless of EI eligibility.
Parental Leave for Fathers in Canada
Canada does not have a separate legal category called “paternity leave.”
Fathers and non-birthing parents take parental leave under employment standards legislation.
You may see terms like:
- “paternity leave”
- “daddy days”
- “5 weeks for fathers”
These usually refer to EI benefits, not a separate employment law right.
From a legal standpoint:
- Fathers have the same job protection as other parents
- Each parent has their own parental leave entitlement
Shared and Split Parental Leave in Canada
In many cases:
- Parental leave can be shared between parents
- Leave can be taken at the same time or separately
- Each parent’s job protection is independent
How parental leave is shared does not change:
- Your right to take leave
- Your employer’s obligation to protect your job
Can You Be Fired While on Parental Leave in Canada?
Generally, no.
Across Canada, employment standards and human rights laws prohibit employers from:
- Firing an employee because they took parental leave
- Penalizing or retaliating against an employee for taking leave
If you are fired before, during, or after parental leave, it may amount to:
- Wrongful dismissal
- Human rights discrimination
- Or both
Returning to Work After Parental Leave in Canada
When parental leave ends, employees are generally entitled to return to:
- The same job, or
- A comparable position with the same pay and benefits
Employers can’t:
- Cut your pay
- Demote you
- Significantly change your duties
- Delay your return because you took leave
Parental Leave vs. Maternity Leave vs. Paternity Leave
| Type of Leave | Who It Applies To | Legal Basis |
|---|---|---|
| Maternity leave | Birth mothers | Employment law |
| Parental leave | Either parent | Employment law |
| Paternity leave | Common term | Part of parental leave |
“Maternity leave” and “parental leave” are separate legal entitlements.
“Paternity leave” is a commonly used term, not a legal category.
Provincial Parental Leave Rules
Parental leave rules vary by province.
For detailed, province-specific guidance, see:
Each page explains:
- Length of leave
- Eligibility rules
- Employer obligations
- Return-to-work rights
Common Questions About Parental Leave in Canada
What is parental leave in Canada?
Parental leave is a job-protected leave that allows parents to care for a new child.
How many weeks of parental leave can you take in Canada?
The number of weeks depends on your province and whether maternity leave was taken.
Can both parents take parental leave?
Yes. In most cases, each parent has their own entitlement.
Is parental leave paid in Canada?
Employers do not pay parental leave, but some parents receive EI benefits.
Speak With an Employment Lawyer About Parental Leave
If your employer has:
- Denied parental leave
- Pressured you to return early
- Changed your job after leave
- Fired you before, during, or after parental leave
You may be entitled to severance pay in Canada or additional compensation.
Samfiru Tumarkin LLP has helped 50,000+ non-unionized employees across Canada enforce their workplace rights. Our employment lawyers can review your situation and explain your legal options.