Paternity leave in Ontario is parental leave taken by a father or other non-birthing parent, and eligible employees can take up to 63 weeks of unpaid, job-protected leave.
Ontario does not have a separate statutory leave officially called “paternity leave.” Fathers use the parental-leave protections in the Employment Standards Act (ESA). You qualify after being employed by your employer for at least 13 weeks before your leave begins.
EI parental benefits are separate and can replace part of your income while you are off work. Don’t confuse the commonly discussed “five weeks for fathers” with your full employment-law entitlement. An eligible father can take much more than five weeks away from work.
On This Page:
- 1. How Long Is Paternity Leave?
- 2. Who Qualifies?
- 3. Paternity Leave Pay & EI
- 4. The 5-Week Paternity Rule
- 5. Starting Leave & Notice
- 6. Job Protection & Returning to Work
- 7. FAQs
How Long Is Paternity Leave in Ontario?
A father or other non-birthing parent can take up to 63 weeks of parental leave in Ontario.
You can choose to take less than 63 weeks. Your spouse or partner taking their own leave does not reduce the amount of Ontario job-protected parental leave available to you.
Can a father take a full year off?
Yes. An eligible father can take a year off and can take as much as 63 weeks of protected parental leave.
The amount of EI you receive does not determine how much Ontario parental leave you can take.
Can both parents take leave at the same time?
Yes. Both eligible parents can take parental leave at the same time.
For example, a father does not have to wait until the birth parent finishes maternity leave in Ontario before beginning his own parental leave.
Does paternity leave have to be taken all at once?
Yes, once your Ontario parental leave starts, it must normally be taken as one continuous period.
Returning to work early, even part-time, can end your remaining ESA parental-leave entitlement.
Who Qualifies for Paternity Leave in Ontario?
You qualify if you are an eligible parent and have been employed by your employer for at least 13 weeks before your parental leave begins.
Paternity leave can apply to:
- Biological fathers
- Same-sex parents
- Other non-birthing parents
- Adoptive parents
- A person in a relationship of some permanence with a child’s parent who intends to treat the child as their own
The leave can apply to full-time, part-time, permanent and fixed-term employees.
Do you have to actually work for all 13 weeks?
No. You need to have been employed for at least 13 weeks before the leave begins, but you do not need to actively work every day during that period.
Do you need to qualify for EI to take paternity leave?
No. EI eligibility and Ontario parental leave are separate.
You can have the legal right to take job-protected parental leave even if you do not qualify for EI benefits.
Is Paternity Leave Paid in Ontario?
Ontario employers do not normally have to pay wages during paternity leave, but eligible fathers can receive federal EI parental benefits.
| EI Option | Benefit Rate | Maximum for One Parent | Maximum When Shared |
|---|---|---|---|
| Standard | 55% | 35 weeks | 40 weeks |
| Extended | 33% | 61 weeks | 69 weeks |
For claims beginning in 2026:
- Standard parental benefits pay up to $729 per week
- Extended parental benefits pay up to $437 per week
How much EI can a father receive?
A father can receive much more than five weeks of EI parental benefits if the parents choose to divide the available benefits that way.
Under the standard option, one parent can receive up to 35 weeks. Under the extended option, one parent can receive up to 61 weeks.
The parents decide how to divide the available weeks, subject to the federal maximums.
Does your employer have to top up EI?
No. Your employer only has to provide a parental-leave top-up if your employment contract, workplace policy or benefit plan gives you that right.
What Is the 5-Week Paternity Leave in Ontario?
The “five-week paternity leave” is not an Ontario leave entitlement. It refers to extra federal EI parental benefit weeks that become available when parents share benefits.
Under standard EI parental benefits:
- Parents can share up to 40 weeks
- One parent can receive no more than 35 weeks
- That leaves at least 5 weeks for the other parent if the family wants to receive the full 40 weeks
Under extended benefits:
- Parents can share up to 69 weeks
- One parent can receive no more than 61 weeks
- That leaves at least 8 weeks for the other parent if the family wants to receive the full 69 weeks
Are the extra 5 or 8 weeks only for fathers?
No. The extra shared-parent weeks are gender-neutral.
They can be used by the other eligible parent, regardless of gender. Calling them “five weeks for fathers” is convenient shorthand, but it is not the legal rule.
Is a father limited to only 5 weeks?
No. A father can take up to 63 weeks of Ontario parental leave and can receive up to 35 weeks of standard or 61 weeks of extended EI parental benefits if the benefits are divided that way.
When Can a Father Start Paternity Leave?
A father can start parental leave after the child is born or first comes into their custody, care and control, and the leave must begin no later than 78 weeks afterward.
You do not need to wait for the other parent to finish their maternity or parental leave.
How much notice do you have to give your employer?
You must normally provide at least two weeks’ written notice before your parental leave begins.
It is a good idea to state both:
- The date your leave will start
- How many weeks you intend to take
If you do not tell your employer how much leave you intend to take, it can assume you will use the full 63 weeks.
What if the baby arrives unexpectedly?
If the child comes into your care earlier than expected and you have to stop work immediately, the leave can begin when you stop working.
You must then give your employer written notice within two weeks.
Can you return to work early?
Yes, but you normally need to give your employer at least four weeks’ written notice before your earlier return date.
Your employer can agree to let you return sooner.
For the complete statutory rules that apply to every parent, see Parental Leave Ontario.
Is Your Job Protected During Paternity Leave?
Yes. Your employer can’t fire, demote or penalize you because you take or plan to take protected parental leave.
While you are away, your ESA rights generally include:
- Continued credit for length of employment, service and seniority
- Continued participation in qualifying benefit plans
- Required employer contributions to those plans if you continue your share
- The right to return to your previous or a comparable position
Do you get the same job back?
Your employer must normally return you to the position you held before leave or a comparable position if that job genuinely no longer exists.
Your pay must be at least as high as it was before your leave, including wage increases you would have received if you had remained at work.
Can you be fired during paternity leave?
Your employer can’t fire you because you took paternity or parental leave.
A genuine termination for a reason completely unrelated to the leave can still occur, such as a legitimate business closure or restructuring.
If you are terminated, don’t assume a basic ESA payment is your full entitlement. A non-unionized employee can be owed substantially more severance pay in Ontario—as much as 24 months’ pay. A wrongful dismissal occurs when you don’t ge the right amount of compensation.
What if your job is changed when you return?
You don’t have to automatically accept a serious demotion, pay cut or substantially worse position because you took parental leave.
A major unwanted change can raise ESA reprisal or constructive dismissal issues.
How can Samfiru Tumarkin LLP help?
Samfiru Tumarkin LLP helps non-unionized Ontario employees challenge illegal parental-leave terminations and return-to-work violations and secure the full severance pay and other compensation they are owed.
Paternity Leave Ontario FAQs
Is there paternity leave in Ontario?
Yes, in practical terms. Ontario does not use “paternity leave” as a separate legal category. Fathers take job-protected parental leave under the ESA.
How long is paternity leave in Ontario?
An eligible father or other non-birthing parent can take up to 63 weeks of unpaid, job-protected parental leave.
How long do you need to work before qualifying?
You must have been employed by your employer for at least 13 weeks before your parental leave begins.
Is paternity leave paid?
The Ontario leave is unpaid. Eligible parents can separately receive EI parental benefits, and some employers provide a top-up.
Does a father only get five weeks?
No. The five-week figure relates to shared standard EI parental benefits. It does not limit a father’s Ontario parental leave to five weeks.
Can both parents be on leave at once?
Yes. Each eligible parent has their own Ontario parental-leave entitlement, and their leaves can overlap.
Can my employer refuse paternity leave?
Not if you meet the ESA eligibility and notice requirements. Parental leave is a statutory right, not a discretionary vacation request.
Can I be fired for taking paternity leave?
No. Your employer can’t punish or terminate you because you properly exercise your parental-leave rights.
The key rule is simple: fathers in Ontario are not limited to five weeks off work. Eligible fathers can take up to 63 weeks of job-protected parental leave, while EI separately determines how much income they receive during that time.
Samfiru Tumarkin LLP helps non-unionized Ontario employees whose paternity or parental-leave rights have been violated challenge their employer and secure the severance pay and other compensation they are owed.