Parental leave gives new parents job-protected time away from work to care for a newborn or newly adopted child.
Ontario employment law protects your time away and your right to return to work. Employment Insurance may provide income during the leave, but parental leave and EI parental benefits are separate programs with different rules.
The Quick Answer: How does parental leave work in Ontario? Eligible employees can take up to 61 or 63 weeks of unpaid, job-protected leave. Birth parents, fathers, non-birthing parents and adoptive parents may qualify. EI parental benefits can provide up to 35 weeks of standard benefits or 61 weeks of extended benefits to one parent, with additional weeks available when parents share.
On This Page:
- 1. What Is Parental or Paternity Leave?
- 2. Eligibility and Leave Length
- 3. Parental Leave Pay and EI
- 4. Sharing Leave Between Parents
- 5. Your Rights During and After Leave
- 6. Problems With Parental Leave
What Is Parental or Paternity Leave in Ontario?
Parental leave is unpaid, job-protected time away from work after a child is born or first comes into a parent’s care through adoption.
Ontario does not provide a separate employment leave called “paternity leave.” What is commonly called paternity leave is legally parental leave taken by a father or another non-birthing parent.
Parental leave is available to:
- Birth mothers and other birth parents
- Fathers and non-birthing parents
- Adoptive parents
- A person in a permanent relationship with a child’s parent who intends to treat the child as their own
Pregnancy leave is separate and is available only to the pregnant employee. A birth parent may take both pregnancy leave and parental leave.
Who Qualifies for Parental Leave in Ontario?
You may qualify for parental leave if:
- You are a parent of a newborn or newly adopted child
- Your employer is covered by Ontario’s Employment Standards Act
- You have been employed by the employer for at least 13 weeks before the leave begins
You do not need to actively work throughout those 13 weeks. Time spent on vacation, sick leave, layoff or pregnancy leave may still count.
Full-time, part-time, permanent and fixed-term employees may qualify.
How long is parental leave in Ontario?
The maximum length depends on whether the employee also took pregnancy leave:
- 61 weeks: For a birth parent who took pregnancy leave
- 63 weeks: For all other eligible parents
This means a birth parent may take up to 17 weeks of pregnancy leave followed by up to 61 weeks of parental leave—a combined maximum of up to 78 weeks.
How long is paternity leave in Ontario?
A father or non-birthing parent who qualifies can take up to 63 weeks of parental leave.
The parent may choose to take less time. Ontario law does not limit fathers to five weeks of job-protected leave.
When must parental leave begin?
Parental leave must generally begin within 78 weeks after the child is born or first comes into your care.
A birth parent who takes pregnancy leave will normally begin parental leave immediately after pregnancy leave ends.
Once parental leave begins, it must generally be taken as one continuous period. Returning to work—even part-time—may end the remaining leave entitlement under Ontario law.
Is Parental or Paternity Leave Paid in Ontario?
Employers are not normally required to pay your wages during parental leave.
Eligible parents may receive EI parental benefits from the federal government. Some employers also provide a parental-leave top-up through an employment contract or workplace policy.
| Standard Parental Benefits | Extended Parental Benefits |
|---|---|
| 55% of average insurable weekly earnings | 33% of average insurable weekly earnings |
| Maximum of $729 per week in 2026 | Maximum of $437 per week in 2026 |
| Up to 35 weeks for one parent | Up to 61 weeks for one parent |
| Up to 40 weeks when shared | Up to 69 weeks when shared |
The parent or parents must choose either standard or extended benefits. Once Service Canada pays a week of parental benefits, the selected option generally can’t be changed.
Who qualifies for EI parental benefits?
A parent generally needs:
- At least 600 insured hours during the qualifying period
- A reduction of more than 40 per cent in regular weekly earnings for at least one week
- To be caring for a newborn or newly adopted child
Each parent who wants EI benefits must qualify and apply separately.
How do you apply for parental or paternity leave?
Give your employer at least two weeks’ written notice before the leave begins.
State your expected start date and how many weeks you plan to take. If you do not provide an end date, your employer may assume you are taking the full 61 or 63 weeks.
Apply separately to Service Canada for EI parental benefits as soon as possible after you stop working. Do not wait for your Record of Employment before starting the application.
Can Both Parents Take Parental Leave in Ontario?
Yes. Each eligible parent has an independent right to take parental leave from their own employer.
Parents can take their leaves:
- At the same time
- One after the other
- For different lengths of time
The amount of Ontario job-protected leave available to one parent is not reduced because the other parent also takes leave.
What is the five-week paternity leave in Ontario?
The “five-week paternity leave” is not a separate Ontario employment leave.
It refers to additional federal EI parental benefits available when parents share the standard option:
- Parents can share up to 40 weeks of standard benefits
- One parent can’t receive more than 35 weeks
- The remaining five weeks can only be used by the other parent
Under the extended option, parents can share up to 69 weeks, but one parent can’t receive more than 61. The remaining eight weeks are available only to the other parent.
These additional weeks are available to eligible parents of any gender—not only fathers.
Can both parents receive EI at the same time?
Yes. Parents can receive shared parental benefits at the same time or one after another.
Both parents must choose the same standard or extended option. Each parent must submit a separate EI application.
Your Rights During and After Parental Leave
Taking parental leave does not end your employment.
While you are away:
- Your length of employment and seniority continue
- You may continue participating in certain benefit plans
- Your employer must generally continue paying its share of benefit premiums
- Your minimum vacation-time entitlement remains protected
- You are protected from leave-related discrimination and reprisal
You may need to continue paying your normal employee share of benefit premiums to maintain coverage.
What job must your employer give you when you return?
Your employer must generally return you to:
- The same position you held before the leave
- A comparable position if your previous job no longer exists
Your pay must be at least as high as it was before the leave. You are also entitled to wage increases you would have received if you had remained at work.
A reduced salary, lower title, fewer hours or significantly diminished duties may raise concerns involving discrimination or constructive dismissal.
Can your employer force you to return early?
No. Your employer can’t require you to shorten a valid parental leave because it needs staff or finds your absence inconvenient.
You may choose to return early, but you generally need to give at least four weeks’ written notice unless your employer agrees to less.
Can You Be Fired During Parental Leave?
Your employer can’t fire you because you requested parental leave, became a parent or exercised your right to take the leave.
An employee may still be terminated during parental leave for a legitimate reason completely unrelated to the leave, such as a genuine business closure.
Even then, a non-unionized employee may be entitled to a full Ontario severance package. Depending on the circumstances, compensation can reach as much as 24 months’ pay.
What if your position is changed while you are away?
Your employer may temporarily assign your work to another employee while you are on leave.
It generally can’t permanently replace you and then refuse to return you to the same or a comparable position because you took parental leave.
What should you do if your parental-leave rights are violated?
- Keep written records. Save leave notices, emails, job descriptions and messages about your return.
- Ask for decisions in writing. Confirm any denial of leave, job change, pay reduction or termination.
- Don’t resign. Get advice before leaving because your return has been refused or your position has changed.
- Don’t sign immediately. Have any new contract, severance offer or release reviewed first.
- Contact an Ontario employment lawyer. Your claim may involve employment standards, human rights, wrongful dismissal or constructive dismissal.
Speak With an Ontario Parental Leave Lawyer
If your employer has denied your leave, pressured you to return early, changed your position or fired you during parental leave, you don’t have to handle the situation alone.
The Ontario employment lawyers at Samfiru Tumarkin LLP can review your leave request, workplace communications, return-to-work position and any termination or severance offer.
We can explain your rights, communicate with your employer and pursue the compensation you are owed.
The process doesn’t need to be overwhelming. Our team can handle the legal discussions while you focus on your child and family.