Parental leave in BC gives eligible parents up to 61 or 62 consecutive weeks of unpaid, job-protected time away from work after the birth or adoption of a child.
A parent who takes maternity leave in BC can take up to 61 weeks of parental leave immediately afterward. A parent who does not take maternity leave — including a father or other non-birth parent — can take up to 62 weeks.
Parental leave protects your time away from work and your job. EI parental benefits are separate and provide income. Don’t assume the number of EI weeks you receive determines how much job-protected leave you can take.
On This Page:
- 1. How Long Parental Leave Lasts
- 2. Parental Leave Pay & EI
- 3. Eligibility & Notice
- 4. Fathers, Adoption & Sharing Leave
- 5. Job Protection & Returning to Work
- 6. Parental Leave FAQs
How Long Is Parental Leave in BC?
Parental leave in British Columbia lasts up to 61 weeks if you also took maternity leave and up to 62 weeks if you did not.
- Parent who took maternity leave: Up to 61 consecutive weeks, normally beginning immediately after maternity leave ends.
- Parent who did not take maternity leave: Up to 62 consecutive weeks, beginning within 78 weeks after the child’s birth.
- Adoptive parent: Up to 62 consecutive weeks, beginning within 78 weeks after the child is placed with the parent.
Can maternity and parental leave add up to 18 months?
Yes. A birth parent can combine up to 17 weeks of maternity leave with up to 61 weeks of parental leave, for up to 78 weeks of job-protected leave.
This is why people often refer to “18-month maternity leave,” even though maternity leave and parental leave are legally separate.
Can parental leave be extended?
Yes. Up to five additional consecutive weeks can be available if the child has a physical, psychological or emotional condition that requires additional parental care.
Is Parental Leave Paid in BC?
BC parental leave is unpaid by the employer, but eligible parents can receive EI parental benefits.
For EI claims in 2026, parents can choose between:
- Standard parental benefits: 55% of average insurable weekly earnings, up to $729 per week. Parents can share up to 40 weeks, but one parent can receive no more than 35 weeks.
- Extended parental benefits: 33% of average insurable weekly earnings, up to $437 per week. Parents can share up to 69 weeks, but one parent can receive no more than 61 weeks.
Standard benefits must normally be used within 52 weeks of the child’s birth or placement. Extended benefits must normally be used within 78 weeks.
Learn more about EI maternity and parental benefits.
Are the 61 or 62 weeks the same as EI?
No. Your job-protected parental leave and your EI parental benefits are separate entitlements.
For example, a father could have up to 62 weeks of job-protected parental leave under BC employment law even though one parent can receive a maximum of 35 weeks of standard EI parental benefits.
The simple distinction is: BC employment law protects your job. EI replaces part of your income.
Who Qualifies for Parental Leave in BC?
Employees covered by BC’s Employment Standards Act can take parental leave without completing a minimum period of employment first.
Parental leave is available to eligible:
- Birth parents
- Fathers and other non-birth parents
- Adoptive parents
EI parental benefits have separate federal eligibility requirements. You can have a legal right to parental leave even if you don’t qualify for EI.
How much notice do you have to give?
Birth parents should give their employer at least four weeks’ written notice before parental leave begins.
An employer can also ask for reasonable evidence confirming your entitlement to the leave. Adoptive parents should provide written notice as early as possible.
For BC’s other job-protected leaves, see our Leave of Absence BC guide.
Can Fathers and Both Parents Take Parental Leave in BC?
Yes. Fathers and other non-birth parents can take parental leave, and both parents can have their own job-protected leave entitlement.
How long is paternity leave in BC?
A father or other non-birth parent can take up to 62 consecutive weeks of job-protected parental leave in BC.
BC employment law does not need a separate “paternity leave” category. What people commonly call paternity leave is parental leave taken by a father or other non-birth parent.
The five extra standard EI weeks and eight extra extended EI weeks are also sometimes described as “paternity leave.” That can be misleading. Those are EI sharing rules, not the limit on a father’s job-protected leave.
Can both parents take parental leave at the same time?
Yes. One parent does not have to wait for the other parent’s leave to end.
Parents can also receive EI parental benefits at the same time, provided their combined benefit weeks stay within the applicable standard or extended EI limit.
Do parents have to split the 62 weeks?
No. BC job-protected parental leave is not a single 62-week bank that parents have to divide between them.
Each eligible employee has their own parental-leave entitlement. EI benefits work differently because the total number of benefit weeks is shared between eligible parents.
Is Your Job Protected During Parental Leave?
Yes. Your employer can’t fire you or negatively change your employment because you take parental leave.
When the leave ends, your employer must return you to:
- The position you held before the leave, or
- A comparable position
Your employment is also treated as continuous during protected leave. Taking parental leave does not reset your years of service.
Can your employer keep your parental-leave replacement?
Your employer can keep a replacement employee, but it can’t deny your own return-to-work rights simply because it prefers the replacement.
If you return and are told that your old job is gone, your pay will be reduced or you must accept a significantly worse position, don’t resign or immediately agree to the change.
Can you be fired while on parental leave?
Your employer can’t fire you because you requested or took parental leave.
A genuine closure or restructuring unrelated to the leave can create a more complicated situation. If your employment ends while you are away or shortly after you return, have the reason and any severance offer reviewed. Learn more about termination without cause in BC.
Parental Leave BC FAQs
Is parental leave 12 or 18 months in BC?
Parental leave itself is up to 61 or 62 weeks. A birth parent who combines maternity and parental leave can have up to 78 weeks — roughly 18 months — of job-protected time away.
Does a father get 5 weeks or 62 weeks?
A father can have up to 62 weeks of job-protected parental leave. The five-week figure refers to additional standard EI benefits available when parents share EI, not the maximum time a father can legally take away from work.
Can both parents take 62 weeks?
Eligible parents who did not take maternity leave can each have their own BC parental-leave entitlement of up to 62 weeks. EI payments are different and are subject to shared maximums.
Does parental leave count toward years of service?
Yes. Your employment is treated as continuous during statutory parental leave.
Can your employer refuse parental leave?
No. If you qualify for parental leave and follow the required process, your employer must provide the statutory leave.
Get Help With Parental Leave Rights in BC
Most parental leaves happen without a legal dispute. Problems arise when an employer refuses leave, pressures an employee to return early, permanently gives the job to a replacement or changes the employee’s position after leave.
If that happens, understand your rights before resigning or accepting a major change.
The BC employment lawyers at Samfiru Tumarkin LLP advise non-unionized employees on parental leave, maternity leave, return-to-work problems and termination.