Is There Paternity Leave in Canada?
Canada does not have a separate legal category called “paternity leave.”
Instead, fathers and non-birthing parents take parental leave, which is a job-protected leave of absence under provincial or federal employment law.
The term “paternity leave” is commonly used to describe:
- Parental leave taken by fathers
- EI benefits available to non-birthing parents
But legally, paternity leave is part of parental leave in Canada.
What is Paternity Leave in Canada?
In practical terms, “paternity leave” in Canada means:
- A father or non-birthing parent takes parental leave
- Their job is protected while they are away
- They may receive EI parental benefits (if eligible)
Who Can Take Paternity Leave in Canada?
Paternity leave (parental leave) in Canada is available to:
- Biological fathers
- Same-sex parents
- Non-birthing partners
- Adoptive parents
Eligibility for job-protected leave depends on:
- The province you work in, or
- Whether you work in a federally regulated workplace
There is no universal Canada-wide rule for job protection. Each jurisdiction sets its own standards.
How Long is Paternity Leave in Canada?
There is no single national duration for paternity leave.
In most provinces:
- Parental leave lasts 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 Paternity Leave Paid in Canada?
Employers in Canada are not required to pay employees during paternity 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
- Are separate from employment law rights
- May change from year to year
Your right to job-protected paternity leave exists even if you do not qualify for EI.
The “5 Weeks for Fathers” Rule Explained
You may have heard of:
- “5 weeks of paternity leave”
- “daddy days”
- “extra weeks for fathers”
These terms usually refer to EI parental benefits, not a separate employment law right.
From an employment law perspective:
- Fathers do not have a separate category of leave
- Job protection comes from parental leave, not EI
- EI rules do not override employment standards legislation
This distinction is important when disputes arise with employers.
Can You Be Fired While on Paternity Leave in Canada?
Generally, no.
Across Canada, employment standards and human rights laws prohibit employers from:
- Firing an employee because they took parental (paternity) leave
- Penalizing, demoting, or retaliating against an employee for taking leave
If you are terminated before, during, or after paternity leave, it may amount to:
- Wrongful dismissal
- Human rights discrimination
- Or both
Returning to Work After Paternity Leave in Canada
When paternity 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:
- Reduce your pay
- Change your role significantly
- Delay your return
- Penalize you for taking leave
Paternity Leave vs. Parental Leave vs. Maternity Leave
| Term | Legal Meaning in Canada |
|---|---|
| Maternity leave | Leave for birth mothers |
| Parental leave | Unlike maternity leave in Canada, it is job-protected leave for either parent |
| Paternity leave | Common term for parental leave taken by fathers |
“Paternity leave” is not a standalone legal concept in Canada.
Provincial Paternity Leave Rules
Because paternity leave is part of parental leave, rules vary by province.
For province-specific guidance, see:
Each page explains:
- Length of leave
- Job protection rules
- Employer obligations
- Return-to-work rights
Common Questions About Paternity Leave in Canada
Is paternity leave a legal right in Canada?
Yes — through parental leave protections under employment law.
Do fathers get the same job protection as mothers?
Yes. Job protection applies equally to eligible parents.
Can both parents take leave at the same time?
In most cases, yes. Each parent has their own entitlement.
Do EI rules determine my job protection?
No. EI provides income support, not job protection.
Speak With an Employment Lawyer About Paternity Leave
If your employer has:
- Denied your paternity leave
- Pressured you to return early
- Changed your job after leave
- Fired you before, during, or after paternity 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.