Maternity Leave in Ontario: Essential employee guide

What Is Maternity Leave in Ontario?

Maternity leave, also called pregnancy leave in Ontario, is a period of time when a pregnant employee is legally entitled to take unpaid time off work for the birth or adoption of their child. This leave is protected under the Employment Standards Act (ESA), ensuring job security for provincially regulated full and part-time employees during this time.

To qualify for maternity leave in Ontario, an employee must have been employed by the same company for at least 13 weeks before the expected date of birth.

Watch the video below from the Employment Law Show and read on to learn more about maternity leave and your rights in Ontario.

LEARN MORE

How Long Is Maternity Leave?

In Ontario, maternity leave is up to 17 weeks. This leave can start up to 13 weeks before the expected delivery date and must be taken in one continuous period. This time allows expectant mothers, including surrogate mothers, to take care of their health and newborns.

Maternity leave must end 17 weeks after the due date.

Extension Due to Late Birth

If your baby is not born by the end of the 17-week maternity leave period, your leave can be extended. This means that your maternity leave will continue until your baby is born, ensuring you have time to care for your newborn from the moment of birth.

Extension Due to Hospitalization

Another possible extension is if your baby is hospitalized within the first 17 weeks after birth. Recognizing the challenges new parents face during such a difficult time, the law in Ontario allows for an extension of maternity leave. In this case, your leave can be extended until your baby is discharged from the hospital, up to a maximum of 52 weeks.

Back To Top

Is Maternity Leave Paid in Ontario?

No. In Ontario, employers are not legally required to pay employees during maternity (or parental) leave. However, employers may choose to provide a salary top-up during the leave, but the amount is at their discretion.

SEE MORE
• Repaying a Mat Leave Top-up After Being Fired

Employment Insurance and Mat Leave

While maternity leave in Ontario is unpaid, eligible employees can apply for Employment Insurance (EI) maternity and parental benefits. These benefits provide financial support during your leave.

Back To Top

When Should You Apply for Maternity Leave in Ontario?

Employees should apply for maternity leave as soon as they know they are pregnant and have decided on a leave start date. It’s recommended to give your employer written notice at least two weeks before you plan to start your leave is intended to start. This helps you coordinate your leave start date with your due date and prenatal care.

Back To Top

When Can You Start Maternity Leave in Ontario?

Maternity leave can start up to 13 weeks before the expected date of birth. However, the latest an employee can start their leave is on the date of birth or the date the baby comes into their care.

Back To Top

What is the Difference Between Maternity and Parental Leave?

Maternity leave is specifically for pregnant employees or those who have recently given birth. Parental leave in Ontario, on the other hand, is available to both parents to care for their newborn or adopted child.

In Ontario, parental leave can be up to 61 weeks for employees who take maternity leave and up to 63 weeks for employees who do not take maternity leave.

Back To Top

Can You Change Your Maternity Leave End Date in Ontario?

Yes, you can change the end date of your maternity leave. To change to an earlier date, provide your employer with a new written notice at least 4 weeks before the new return date.

You can also extend your leave to a later date by giving a new written notice at least four weeks before the originally scheduled end date. However, if the new end date extends your leave beyond what’s allowed under the ESA, you’ll need your employer’s consent.

Back To Top

Can You Be Forced to Take Maternity Leave in Ontario?

No, you can’t be forced to take maternity leave in Ontario unless your pregnancy prevents you from performing essential job functions. If not, you have the right to continue working without taking maternity leave.

Back To Top

Employee Benefits During Maternity Leave

You are entitled to continue participating in benefit plans such as health and dental insurance during maternity leave in Ontario, as long as you continue to pay any required employee contributions. Your employer must maintain your benefits during your leave, ensuring that your coverage is not interrupted.

Back To Top

What Happens to Your Seniority During Mat Leave?

During maternity leave in Ontario, your seniority continues to accumulate as if you were actively working. This means that your length of service, used for calculating benefits like vacation entitlement and job promotions, is not affected by your leave.

Maternity leave is not considered a break in your employment. This means that if you are terminated or lose your job, your severance pay in Ontario will be calculated based on your total years of service, including any time spent on maternity or parental leave.

Back To Top

Returning to Your Job After Maternity Leave Ends

When you return to work from maternity or parental leave in Ontario, you have the right to the same job and position you held before taking leave. You must also receive the same pay, hours of work, benefits and responsibilities.

If your original job no longer exists, your employer must give you a comparable position with the same wages, work location, and benefits.

Changes to Your Job

In Ontario, it’s illegal for an employer to make significant changes to an employee’s job without their consent. These changes may include:

• A cut in pay
• A drop in commission
• A reduction of work hours
• A change in duties, responsibilities, or job description
• A shift in work location
• A demotion
• The presence of harassment or discrimination in the workplace

If the terms of your employment are impacted negatively in a serious way, you may be able to claim constructive dismissal through an experienced employment lawyer at Samfiru Tumarkin LLP. We can help you navigate your rights and pursue a full severance package – as much as 24 months’ pay.

Back To Top

Can I be Penalized for Taking Mat Leave?

No, you can’t be penalized for taking maternity leave in Ontario. The ESA protects your right to take maternity leave without fear of negative consequences. This means your employer can’t demote you, reduce your pay, or take any other punitive actions against you simply because you are pregnant or have taken maternity or parental leave. Such treatment is considered a human rights violation. If you believe you have been penalized for taking maternity leave, contact the team at Samfiru Tumarkin LLP for a consultation.

Back To Top

Termination and Maternity Leave

In Ontario, it is illegal for an employer to terminate or fire an employee because they are on maternity leave. For more information about your rights and when you might have grounds for a wrongful dismissal claim, read our detailed resource on being fired during maternity or parental leave in Ontario.

Your Rights

If you’ve been fired without cause or allegedly for cause, it’s crucial to understand your rights through a consultation with an Ontario employment lawyer at Samfiru Tumarkin LLP immediately.

Do not accept any severance offer, termination papers, or exit agreement from your employer, even if they come with a deadline. These deadlines are pressure tactics used to push you into accepting inadequate compensation. Once you sign and return these documents, you forfeit your ability to negotiate a fair and proper severance package.

Calculating Severance

Calculating a severance package in Ontario involves multiple factors, including:

• Age
• Length of service
• Position at the company
• Commission
• Benefits
• Ability to find similar work

To figure out how much compensation you should receive, use our firm’s free Severance Pay Calculator. It has helped millions of Canadians determine their entitlements.

If your company’s offer falls short of what our Severance Pay Calculator says you are owed, it’s very likely that you have been wrongfully dismissed and should take legal action. In Ontario, your severance package can be as much as 24 months’ pay.