Parental leave in Canada generally gives eligible new parents about 61 to 63 weeks of unpaid, job-protected time away from work after the birth or adoption of a child.
EI parental benefits are separate. Parents can receive up to 40 shared weeks of standard benefits or up to 69 shared weeks of extended benefits to replace part of their income while caring for a newborn or newly adopted child.
The most important distinction is simple: employment law protects your time away from work and your job; EI provides income. You don’t have to qualify for EI in order to have a statutory parental-leave right.
On This Page:
- 1. How Long Is Parental Leave?
- 2. Is Parental Leave Paid?
- 3. Who Qualifies?
- 4. Can Parents Share Leave?
- 5. Is Your Job Protected?
- 6. Returning to Work
How Long Is Parental Leave in Canada?
Eligible parents generally get about 61 to 63 weeks of unpaid, job-protected parental leave.
That range covers the parental-leave entitlements available in Ontario, Alberta, British Columbia and federally regulated workplaces.
The exact maximum depends on whether you also took maternity or pregnancy leave and the employment law that applies to your workplace.
Can you take 18 months of parental leave?
Parental leave itself is generally about 14 to 15 months, while an employee who combines maternity and parental leave can have roughly 18 months of total job-protected time away from work.
This is why “12-month leave” and “18-month leave” are common shorthand even though maternity leave, parental leave and EI benefits are legally separate.
When can parental leave start?
Parental leave can generally start after your child is born or first comes into your care through adoption.
Across Ontario, Alberta, BC and federally regulated workplaces, parental leave generally fits within a 78-week window following the birth or placement of the child.
A birth parent who takes maternity leave will normally move from maternity leave into parental leave.
The other parent does not normally have to wait for maternity leave to end before starting their own parental leave.
Is Parental Leave Paid in Canada?
Employers generally do not have to pay your regular wages during statutory parental leave, but eligible parents can receive EI parental benefits.
There are two EI options:
- Standard parental benefits: Up to 40 weeks shared between parents, with one parent receiving no more than 35 weeks
- Extended parental benefits: Up to 69 weeks shared between parents, with one parent receiving no more than 61 weeks
In 2026, standard parental benefits pay 55% of average insurable weekly earnings, up to $729 per week. Extended parental benefits pay 33%, up to $437 per week.
See our full EI Maternity and Parental Benefits guide for eligibility, current rates and application rules.
What are the extra five or eight weeks?
When parents share EI parental benefits, five additional standard weeks or eight additional extended weeks are available only to the other parent or parents.
Under standard benefits, one parent can receive a maximum of 35 of the 40 shared weeks. Under extended benefits, one parent can receive a maximum of 61 of the 69 shared weeks.
If the family wants to use the entire shared entitlement, another parent must claim the remaining five or eight weeks.
Does your employer have to top up parental leave?
No. Your employer only has to provide a parental-leave top-up if your employment contract, workplace policy or benefit plan creates that right.
Before accepting a top-up, check whether you must return to work for a minimum period afterward or repay some or all of the money if you do not return.
Who Qualifies for Parental Leave in Canada?
Parental leave is generally available to birth parents, other non-birth parents and adoptive parents who meet the employment requirements where they work.
The protection is not limited to biological parents or married couples.
Full-time, part-time and other employees can qualify. Some jurisdictions require a short period of employment before the statutory leave begins, while others do not impose a minimum service period.
Our provincial parental-leave pages explain those detailed eligibility rules.
Do you need 600 hours to take parental leave?
No. The 600-hour rule relates to EI parental benefits, not your statutory right to take parental leave from your employer.
EI eligibility and employment-law leave are separate. You can qualify for job-protected parental leave even if you do not qualify for EI benefits.
How much notice should you give your employer?
As a practical rule, give your employer at least six weeks’ written notice when possible.
That gives your employer a clear planned start date and generally covers the ordinary advance-notice requirements in the main jurisdictions we address.
If a birth or adoption happens unexpectedly and proper advance notice is impossible, protected-leave laws can provide flexibility.
Tell your employer how long you intend to be away and keep a copy of the notice.
Can Both Parents Take Parental Leave?
Yes. Both eligible parents can take parental leave, and they can often be away from work at the same time.
A father or other non-birth parent does not normally have to wait for the birth parent to finish maternity or parental leave before taking time away.
If both parents work for the same employer, special provincial rules can affect whether the employer must allow their leaves to overlap. The provincial leave page should be checked before coordinating simultaneous leave in that situation.
For fathers and other non-birth parents, see our Paternity Leave Canada guide.
Can parents share EI parental benefits?
Yes. EI parental benefits are designed to be shared.
Parents can receive benefits:
- At the same time
- One after another
- In different numbers of weeks, subject to the EI maximums
Both parents must choose the same EI option—standard or extended.
Can adoptive parents take parental leave?
Yes. Adoptive parents can generally take the same parental leave available to other eligible parents.
EI parental benefits are also available to eligible adoptive parents once the child is placed with them for the purpose of adoption.
Is Your Job Protected During Parental Leave?
Yes. If you qualify for statutory parental leave, your employer can’t fire, discipline or otherwise punish you because you take it.
Parental leave is a legal entitlement, not a vacation request that your employer can reject because the workplace is busy.
Your employer can’t require you to give up protected leave simply because:
- It is difficult to find temporary coverage
- Your manager wants you back sooner
- You intend to take most or all of the leave available
- Another parent is also taking leave
Can your employer refuse parental leave?
No. If you qualify for statutory parental leave and follow the required process, your employer can’t simply refuse to let you take it.
Staffing inconvenience does not cancel a statutory leave entitlement.
Can you be fired while on parental leave?
Your employer can’t fire you because you requested or took protected parental leave.
A genuine termination completely unrelated to the leave can still occur in some circumstances, but your absence cannot be used against you.
Warning signs include:
- Complaints about how long you plan to be away
- Pressure to return early
- Being told your replacement will permanently keep your job
- A termination shortly after requesting leave
- A significantly worse job being offered when you return
If you are terminated, don’t sign a release before having your full severance package reviewed—you may be owed as much as 24 months’ pay.
Do You Get Your Job Back After Parental Leave?
Yes. Job-protected parental leave generally includes the right to return to your previous position or an equivalent or comparable job.
Your employer can’t use your leave as an opportunity to permanently replace you or return you to a significantly worse position.
Can your employer keep your replacement?
Your employer can keep the employee who covered your leave, but it can’t deny your own reinstatement rights simply because it prefers the replacement.
If your original position genuinely no longer exists, employment standards legislation can require a comparable or equivalent position.
Can your pay, hours or duties be reduced?
Your employer can’t demote you, cut your pay or substantially reduce your role because you took parental leave.
A genuine workplace-wide restructuring can still affect your job, but parental leave cannot be the reason you are left worse off.
A substantial unwanted reduction in pay, hours or responsibilities can also amount to constructive dismissal.
What if you don’t want to return?
You can resign instead of returning, but check your notice obligations and any employer top-up agreement first.
If you are considering resigning because your employer says your old job is gone or has substantially changed your position, get advice before leaving. The situation can involve constructive dismissal and severance rights.
Parental Leave by Province
The national rule is straightforward: eligible parents can take roughly 61–63 weeks of protected parental leave. The provincial pages explain the exact eligibility, notice and return-to-work rules.
- Parental Leave Ontario — Ontario eligibility, length, notice and reinstatement rights.
- Parental Leave Alberta — Alberta parental-leave requirements and job protection.
- Parental Leave British Columbia — BC parental-leave length, notice and return-to-work rights.
- Federally Regulated Employees — parental-leave rights under the Canada Labour Code.
For other protected absences from work, see our Leave of Absence Canada guide.
Parental Leave Canada FAQs
How many weeks is parental leave in Canada?
Eligible employees generally get about 61 to 63 weeks of unpaid, job-protected parental leave. A birth parent who also takes maternity leave can have roughly 18 months of combined protected time away from work.
How many weeks of EI parental benefits can parents get?
Parents can share up to 40 weeks of standard EI parental benefits or up to 69 weeks of extended benefits. One parent can’t receive more than 35 standard weeks or 61 extended weeks.
Can both parents take a full year off?
Both parents can have substantial job-protected parental-leave rights, but special sharing rules can apply in some workplaces. EI benefits also have a shared family maximum, so both parents cannot each collect the maximum EI parental benefits for the same child.
Can both parents be on parental leave at the same time?
Yes, in many workplaces. Parents can also receive EI parental benefits at the same time. If both parents work for the same employer, check the applicable provincial rules before planning overlapping leave.
Is parental leave the same as maternity leave?
No. Maternity leave is for the employee who is pregnant or has given birth. Parental leave is available to eligible parents after birth or adoption. A birth parent can generally take both.
Can your employer make you use vacation for parental leave?
No. Your employer can’t replace your statutory parental-leave entitlement with vacation simply because it would prefer you to use vacation time.
Does parental leave count toward your years of service?
Protected parental leave generally does not break your employment relationship. Continuity, seniority and benefit rules are governed by the employment standards law and benefit plans that apply to you.
Get Help With a Parental Leave Problem
Parental leave is protected time to care for a new child. Taking that leave should not cost you your job, pay or career.
Samfiru Tumarkin LLP helps non-unionized employees deal with denied parental leave, pressure to return early, failed reinstatement, reduced jobs or hours and termination during or after leave.
If your employer has changed or ended your employment because you took parental leave, our employment lawyers can protect your rights and secure the full severance pay and compensation you are legally entitled to receive.