Paternity leave in Canada is generally parental leave taken by a father or other non-birth parent after the birth or adoption of a child. Eligible parents can take job-protected time away from work and can also receive EI parental benefits to replace part of their income.
For EI, parents can choose standard parental benefits of up to 40 shared weeks, with one parent receiving no more than 35 weeks, or extended parental benefits of up to 69 shared weeks, with one parent receiving no more than 61 weeks.
That means the other parent can use up to five additional standard weeks or eight additional extended weeks on a “use-it-or-lose-it” basis. These EI weeks are separate from your full job-protected parental leave from work.
On This Page:
- 1. How Long Is Paternity Leave?
- 2. Is Paternity Leave Paid?
- 3. Who Qualifies?
- 4. Can Both Parents Take Leave?
- 5. Is Your Job Protected?
- 6. Returning to Work
How Long Is Paternity Leave in Canada?
For EI parental benefits, parents can receive up to 40 shared weeks under the standard option or up to 69 shared weeks under the extended option.
Under the standard option:
- Parents can share up to 40 weeks of EI parental benefits
- One parent can receive a maximum of 35 weeks
- The remaining 5 weeks must be taken by the other parent or they are lost
Under the extended option:
- Parents can share up to 69 weeks
- One parent can receive a maximum of 61 weeks
- The remaining 8 weeks must be taken by the other parent or they are lost
Parents can divide the shared weeks differently. A father does not have to take only five or eight weeks if the other parent takes fewer weeks.
How much job-protected leave can a father take?
Fathers and other non-birth parents can generally take roughly 62 to 63 weeks of unpaid, job-protected parental leave in Ontario, Alberta, BC and federally regulated workplaces.
The employment-law leave is separate from EI. You do not have to limit your time away from work to the number of EI weeks you personally receive.
For the detailed employment-law rules, see Parental Leave Canada.
When can paternity leave start?
A father or other non-birth parent can generally start parental leave after the child is born or comes into their care.
You do not need to wait until the birth parent’s maternity leave ends. Parental leave can often overlap with the other parent’s maternity or parental leave.
Across Ontario, Alberta, B.C. and federally regulated workplaces, parental leave is generally taken within the first 78 weeks after the birth or placement of the child.
Is Paternity Leave Paid in Canada?
Employers generally do not have to pay your regular wages while you are on parental leave, but eligible parents can receive EI parental benefits.
In 2026:
- Standard parental benefits: 55% of average insurable weekly earnings, up to $729 per week
- Extended parental benefits: 33% of average insurable weekly earnings, up to $437 per week
Standard benefits provide more money each week for a shorter period. Extended benefits provide less each week but can continue longer.
See our EI Maternity and Parental Benefits guide for the complete EI rules.
What are the five weeks of paternity leave?
The five weeks people commonly call “paternity leave” are the additional EI weeks available when parents share standard parental benefits.
If one parent takes the maximum 35 standard weeks, the other parent can claim the additional five weeks so the family receives the full 40-week shared entitlement.
The extended option works the same way with eight additional weeks: one parent can receive no more than 61 of the 69 shared weeks.
Does your employer have to top up EI?
No. An employer only has to provide a parental-leave top-up if your employment contract, workplace policy or benefit plan creates that entitlement.
If a top-up is available, check whether you must return to work for a certain period afterward or repay some or all of the top-up.
Who Qualifies for Paternity Leave in Canada?
Fathers, other non-birth parents and adoptive parents can qualify for job-protected parental leave.
The right is not limited to biological fathers or married parents.
To take statutory parental leave, you must be an employee covered by the applicable employment standards legislation and satisfy any service and notice requirements that apply.
How much notice should you give your employer?
Tell your employer in writing as early as possible and, where practical, give at least six weeks’ notice before your planned leave.
That provides enough notice to meet the ordinary statutory starting requirement in Ontario, Alberta, B.C. and federally regulated workplaces.
If the birth, adoption or placement occurs unexpectedly, special notice rules can protect employees who could not reasonably give advance notice.
Do you need to qualify for EI to take parental leave?
No. EI eligibility and job-protected parental leave are separate.
You can have the legal right to take parental leave even if you do not qualify for EI parental benefits. The reverse can also require separate consideration because EI approval does not determine your employment-law leave rights.
Can Both Parents Take Parental Leave?
Yes. Both eligible parents can take parental leave, and EI parental benefits are specifically designed to be shared.
Parents can receive EI parental benefits:
- At the same time
- One after another
- In whatever division works for them, subject to the maximum weeks allowed
When sharing EI benefits, both parents must choose the same option—standard or extended.
Once parental benefits have been paid, that standard-versus-extended choice can’t be changed.
Can both parents be off work at the same time?
Yes, parents can often take leave at the same time.
There can be specific rules when both parents work for the same employer, so check the provincial parental-leave page that applies to you before coordinating overlapping leave.
Can adoptive fathers take paternity leave?
Yes. Adoptive fathers and other adoptive parents can qualify for parental leave and EI parental benefits.
Parental benefits can begin when the child is placed with the parent for the purpose of adoption.
Is Your Job Protected During Paternity Leave?
Yes. If you qualify for statutory parental leave, your employer can’t fire, discipline or otherwise punish you because you take it.
Your employer can’t deny protected leave simply because:
- The workplace is busy
- Your manager believes the birth parent should take the leave instead
- Your absence creates a staffing problem
- You plan to take more than five weeks away
You still need to comply with the applicable notice requirements.
Can your employer refuse paternity leave?
No. Your employer can’t refuse statutory parental leave if you qualify for it and follow the required process.
Parental leave is a legal entitlement, not a vacation request that your employer can approve or deny based on staffing preferences.
Can you be fired while on paternity leave?
Your employer can’t fire you because you requested or took protected parental leave.
A legitimate termination completely unrelated to your leave can still occur in some circumstances. But your leave cannot be used against you in the decision.
Warning signs include being pressured to shorten your leave, complaints about your absence or being told that taking the full leave will hurt your job.
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 Paternity Leave?
Yes. Job-protected parental leave generally includes the right to return to your previous position or a comparable job.
Your employer can’t use the leave to permanently replace you, demote you or return you to a substantially worse job simply because you were away.
Can your employer keep your replacement?
Your employer can keep the person who covered your leave, but it can’t take away your return-to-work rights simply because it prefers that employee.
If your original job genuinely no longer exists, an equivalent or comparable position can be required under the employment standards law that applies to you.
What if your job, pay or hours change when you return?
Don’t assume you have to accept a demotion, pay cut or major reduction in hours when you return from parental leave.
A significant unwanted change can violate your leave rights and can also amount to constructive dismissal.
Paternity Leave by Province
The overall protection is straightforward: fathers and non-birth parents can take job-protected parental leave. Provincial pages explain the exact service, notice and maximum-leave rules.
- Parental Leave Ontario — detailed Ontario parental-leave rights for fathers and other parents.
- Parental Leave Alberta — Alberta eligibility, notice, length and return-to-work rules.
- Parental Leave British Columbia — BC parental-leave rights and job protection.
- Federally Regulated Employees — parental-leave rights under the Canada Labour Code.
For the broader national leave framework, see Leave of Absence Canada.
Paternity Leave Canada FAQs
How many weeks of paternity leave do fathers get in Canada?
For EI, parents can share up to 40 weeks of standard parental benefits or 69 weeks of extended benefits. One parent can receive no more than 35 standard weeks or 61 extended weeks. Job-protected parental leave from work is separate and generally reaches about 62 to 63 weeks in Ontario, Alberta, B.C. and federally regulated workplaces.
Do fathers only get five weeks of leave?
No. Five weeks is the additional “use-it-or-lose-it” amount under standard EI parental benefits when the other parent takes the maximum 35 weeks. A father can take significantly more parental leave.
Can a father take a full year off?
Yes. Eligible fathers and non-birth parents can take more than a year of job-protected parental leave in Ontario, Alberta, B.C. and federally regulated workplaces.
Can a father take 18 months off?
A father can take roughly 14 to 15 months of statutory parental leave in the jurisdictions above, while extended EI parental benefits can be claimed within an 18-month window. Don’t assume the 18-month EI window automatically creates 18 months of job-protected leave.
Can both parents receive EI parental benefits at the same time?
Yes. Parents can receive EI parental benefits at the same time or one after another, provided they stay within the shared maximum.
Can your employer make you use vacation instead?
No. Your employer can’t replace a statutory parental-leave entitlement with vacation simply because it would prefer you to use vacation time.
Get Help With a Paternity Leave Problem
Fathers and other non-birth parents have protected parental-leave rights. Taking time to care for a new child should not cost you your job.
Samfiru Tumarkin LLP helps non-unionized employees deal with denied parental leave, pressure to return early, failed reinstatement, reduced pay or responsibilities and termination during or after leave.
If your employer has changed or ended your employment because you took paternity or parental leave, our employment lawyers can protect your rights and secure the full severance pay and compensation you are legally entitled to receive.