Maternity leave in Ontario gives birth mothers time off work to recover from childbirth and care for their newborn. This page explains how much time you can take, how much you can get paid through Employment Insurance (EI), and what your employer is legally required to do.

Whether you’re planning ahead or facing issues at work, here’s what you need to know.

What’s In This Guide

What’s the Difference Between Maternity and Parental Leave in Ontario?

Maternity leave and Ontario parental leave are not the same, though many people use the terms interchangeably.

In Ontario:

  • Maternity leave is available only to birth mothers and surrogate mothers
  • Parental leave is available to either parent, including adoptive parents and partners

Both types of leave are job-protected under Ontario’s Employment Standards Act (ESA), and both are supported by EI payments through the federal government.

Quick Comparison:

Type of Leave Who it’s for Length under ESA EI Benefit Duration
Maternity Birth mothers only Up to 17 weeks Up to 15 weeks
Parental Either parent Up to 61 or 63 weeks Up to 40 weeks

🍼 If you’re a birth mother, you may qualify for both maternity and parental leave, taken back-to-back.

🟢 WATCH: Employment lawyer Lior Samfiru explains maternity leave in Ontario on the Employment Law Show.

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Who Is Eligible for Maternity Leave in Ontario?

To take maternity leave in Ontario, you must meet the requirements under both Ontario’s ESA and Canada’s Employment Insurance (EI) program.

✔️ Under Ontario’s ESA:

You qualify for unpaid, job-protected maternity leave if you:

  • Are employed in Ontario (full-time, part-time, permanent, or contract)
  • Are pregnant or recently gave birth
  • Provide your employer with at least two weeks’ written notice before the leave begins

There’s no minimum length of employment or required hours under the ESA.

✔️ For EI Maternity Benefits:

To receive payments through EI, you must:

  • Have worked at least 600 insurable hours in the past 52 weeks (or since your last claim)
  • Have a 40% or more reduction in your weekly earnings due to pregnancy or childbirth
  • Apply for benefits through Service Canada

⚠️ EI eligibility is separate from your right to take leave under the ESA. You can qualify for one without the other — but most employees qualify for both.

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How Much Time Off Can You Take for Maternity Leave in Ontario?

Under Ontario’s ESA, eligible birth mothers can take up to 17 weeks of unpaid, job-protected maternity leave.

Key Facts:

  • Leave can begin as early as 17 weeks before your due date
  • It must begin no later than the actual date of birth
  • The full 17 weeks can be taken even if the baby is born early or late
  • If you experience a pregnancy loss or stillbirth, you may still qualify for pregnancy leave under ESA

💡 After maternity leave ends, you may be eligible to take parental leave for up to an additional 61 or 63 weeks, depending on whether maternity leave was used.

These timelines are separate from how long you receive EI payments, which is addressed in the next section.

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How Much Does Maternity Leave Pay in Ontario?

While maternity leave in Ontario is unpaid under provincial law, most employees receive payments through Employment Insurance (EI) — a federal program that provides income support during leave.

EI Maternity Benefit Details (2025):

  • Pay 55% of your average weekly earnings, up to $695/week
  • Benefits last for up to 15 weeks
  • Payments are made every 2 weeks
  • Subject to tax (deductions apply)
  • There’s a 1-week unpaid waiting period before payments begin

✅ 2025 Maximum Weekly EI Maternity Payment: $695

What About Employer Top-Up?

Some Ontario employers offer a top-up plan that adds to your EI payments — sometimes bringing you close to your full salary. These plans are optional, and terms vary by employer.

You’ll need to check your employment contract or company policy to confirm whether a top-up is available and how to qualify.

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How Do You Apply for Maternity Leave Benefits Through EI?

Even though Ontario employers grant your job-protected leave under the Employment Standards Act (ESA), your maternity leave payments come from the federal EI program.

Here’s how to apply:

Step-by-Step:

  1. Stop working — you must apply for EI after your last day of work
  2. Gather required documents: Your Social Insurance Number (SIN), employer name and contact detials, and your Record of Employment (ROE) — usually submitted electronically by your employer
  3. Apply online at Service Canada
  4. Select the type of leave: standard or extended parental (if combining)
  5. Submit any additional documents requested during processing

⏳ Note: You won’t be paid for the first week — this is called the EI waiting period.

You should apply as soon as possible after stopping work to avoid missing any payments.

Can Fathers Take Paternity Leave in Ontario?

Fathers and non-birthing parents in Ontario do not qualify for maternity leave, but they may be eligible for parental leave — commonly refered to as “paternity leave” — under Ontario’s ESA, as well as EI parental benefits from the federal government.

Key Points for Ontario Fathers:

  • Parental leave is available to all new parents, including biological fathers, same-sex partners, and adoptive parents
  • Ontario allows up to 61 or 63 weeks of unpaid parental leave, depending on whether maternity leave was taken
  • EI benefits pay up to 40 weeks total, with one parent able to take up to 35 weeks
  • Fathers may also qualify for the 5-week “use-it-or-lose-it” EI benefit — only available to the non-birthing parent

💡 If both parents are working and meet EI eligibility, they can share the leave and benefits.

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What Are Your Rights During Maternity Leave in Ontario?

Under Ontario’s Employment Standards Act (ESA), you are legally entitled to take maternity leave without fear of being penalized, demoted, or fired.

Your employer must:

  • Grant your leave request if you meet ESA requirements
  • Hold your position (or offer a comparable one) when you return
  • Continue your benefits and seniority during the leave
  • Avoid any form of reprisal tied to your pregnancy or leave

⚠️ If your employer fires you, pressures you to resign, or changes your job while you’re on leave, you are entitled to full severance pay or additional compensation under Ontario law.

These protections apply whether you’re taking maternity leave, parental leave, or both.

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FAQs About Maternity Leave in Ontario

How Long Is Maternity Leave In Ontario?

Up to 17 weeks of unpaid, job-protected leave under Ontario’s Employment Standards Act. You may also qualify for up to 15 weeks of EI maternity benefits.

Do I Get Paid During Maternity Leave in Ontario?

Your employer is not required to pay you. Most eligible employees receive EI benefits — up to $695/week for 15 weeks (as of 2025).

Can I Be Fired While on Maternity Leave in Ontario?

No. It is illegal for your employer to fire, demote, or penalize you because you are taking maternity or parental leave. You are entitled to severance if this occurs.

Can I Take Both Maternity and Parental Leave?

Yes. If you are the birth mother, you can take up to 17 weeks of maternity leave, followed by up to 61 weeks of parental leave.

What If I Don’t Qualify for EI Maternity Benefits?

Even if you don’t qualify for EI (e.g. fewer than 600 hours), you are still entitled to unpaid maternity leave under Ontario’s ESA if you meet the basic employment requirements.

When Should I Notify My Employer?

You must provide at least two weeks’ written notice before starting your leave. It’s also recommended to confirm your expected return date.

Speak to an Employment Lawyer About Maternity Leave in Ontario

If you’re a non-unionized employee in Ontario and your employer has:

You may be entitled to full severance (as much as 24 months’ pay) and additional compensation through a wrongful dismissal claim.

Samfiru Tumarkin LLP has helped thousands of employees across the province. Our Ontario employment lawyers will review your situation and explain your legal options — with no cost unless we succeed.

🛡️ You’re Not Alone. We’ve guided many Ontario employees through difficult situations — from being denied leave to losing their job while off. If your employer isn’t following the law, our maternity leave lawyers in Ontario can help you protect your rights and recover what you’re owed.

  • 👥 Over 50,000 clients helped across Canada
  • 💰 Millions recovered in severance and compensation
  • ⚖️ No win, no fee — you don’t pay unless we win*
  • ⭐ 3,026 5-star Google reviews across all offices (4.8 average)
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*Conditions apply. Not all cases qualify.

Contact us now to find out what you’re owed. Book your consultation or call 1-855-821-5900.

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