Parental Leave in Ontario: Time Off, EI Pay & Your Rights (2025)

Parental leave in Ontario gives new parents time off work to care for a newborn or adopted child — including biological fathers, non-birthing partners, and adoptive parents. It is often called “paternity leave.”

This guide explains how long parental leave lasts, how much you’ll get paid through Employment Insurance (EI), and what to do if your employer won’t follow the law.

Who Qualifies for Parental Leave in Ontario?

Parental leave in Ontario is available to more than just birth mothers. If you’re a new parent — whether through birth, adoption, or surrogacy — you may have the right to take time off under Ontario law and receive benefits through EI.

✔️ You Qualify For Parental Leave Under Ontario’s Employment Standards Act (ESA) If You:

• Are employed in Ontario (full-time, part-time, permanent, or contract)
• Have started employment at least 13 weeks before the expected birth or adoption date
• Are a parent — including birth parents, adoptive parents, or same-sex partners

There’s no minimum number of work hours required under ESA — only the 13-week employment threshold.

✔️ You Qualify for EI Parental Leave Benefits If You:

• Have worked at least 600 insurable hours in the 52 weeks before your claim (or since your last EI claim)
• Experience a 40% or greater drop in weekly earnings due to leave
• Submit an application through Service Canada

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

What’s the Length of Parental Leave Under Ontario Law and EI?

In Ontario, how long you can take for parental leave depends on whether you’ve already used maternity leave, and whether you’re referring to job-protected leave under the Employment Standards Act (ESA) or income support through EI parental benefits.

Under Ontario’s ESA:

You are entitled to unpaid, job-protected parental leave for up to:

• 61 weeks if you also took maternity leave
• 63 weeks if you didn’t take maternity leave

Under Employment Insurance (EI):

EI provides parental benefits to help replace your income while on leave. You must choose one of two options:

How Much Does EI Pay for Parental Leave in Ontario?

Parental leave in Ontario is unpaid under provincial law — but most employees receive EI parental benefits through the federal government. These payments help replace your income while you’re away from work caring for a child.

📌 What Else Should You Know?

• Payments are made every two weeks
• Benefits are taxable
• There is a 1-week unpaid waiting period at the start
• Once you choose standard or extended, you can’t switch mid-leave

How Do You Apply for EI Parental Leave in Ontario?

Parental leave in Ontario is protected by the ESA — but to receive EI payments, you must apply through Service Canada, not your employer.

Step-By-Step Application Process:

1. Stop working or reduce your hours due to leave
2. Gather your documents, including: Social Insurance Number (SIN), Employer contact information, and Record of Employment (ROE) — usually sent directly to Service Canada by your employer
3. Apply online at Service Canada
4. Choose your EI benefit type: standard or extended
5. Confirm if the other parent is also taking leave (for bonus weeks)
6. Wait for your application to be processed — you may be contacted for additional documents

Key Tips:

• You can apply before or after your leave begins — but don’t delay, or you could lose payments
• If you’re combining maternity and parental leave, you can apply for both at the same time
• Make sure your ROE has been submitted before applying

What If Your Parental Leave Is Denied or Your Job Changes While You’re Off?

Ontario law protects your right to take parental leave if you’re eligible. If your employer refuses to grant your leave, changes your job while you’re away, or terminates your employment, they may be breaking the law.

Common Violations Include:

• Denying leave without legal justification
• Delaying or refusing your return to the same or comparable job
• Reducing your pay or responsibilities
• Pressuring you to resign
• Terminating your employment during or after parental leave

These protections apply whether you are the birthing parent, non-birthing partner, or adoptive parent.

✅ What If EI Is Denied?

• If you were rejected for EI parental benefits, confirm that your 600 insurable hours were correctly reported
• If there’s an issue with your Record of Employment, your employer may need to fix it
• If you’ve followed all steps and are still denied, you can request a reconsideration through Service Canada

FAQs About Parental Leave in Ontario

How Much is Parental Leave Pay in Ontario?

You can receive EI parental benefits of up to $695/week (standard) or $417/week (extended), depending on the option you choose. Payments are made by the federal government, not your employer.

Do Both Parents Get Parental Leave in Ontario?

Yes. Both parents can take parental leave if they qualify. You can also share EI benefits, with a maximum of 40 weeks (standard) or 69 weeks (extended) between both parents. One parent can’t take more than 35 or 61 weeks, depending on the option.

Can I Take Parental Leave If I Already Took Maternity Leave?

Yes. If you are the birth mother, you can take maternity leave (up to 17 weeks) followed by parental leave (up to 61 weeks) under Ontario’s ESA. You may also qualify for both EI maternity and EI parental benefits.

Is My Job Protected During Parental Leave?

Yes. Under Ontario’s Employment Standards Act, your employer must hold your job or offer a comparable one when you return. They can’t penalize, demote, or fire you for taking leave.

When Should I Tell My Employer I’m Taking Parental Leave?

You must provide at least two weeks’ written notice before starting your leave. It’s best to provide as much notice as possible, along with an expected return date.

Talk to an Employment Lawyer About Parental Leave in Ontario

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

• Denied your right to take parental leave
• Changed your job while you were away
• Pressured you to quit
• Fired you before, during, or after your leave

You may be owed significant compensation — including full severance pay (up to 24 months’ pay) and damages through a wrongful dismissal claim.

At Samfiru Tumarkin LLP, our Ontario employment lawyers have helped thousands of non-unionized employees in Ontario understand their rights and recover what they’re owed. We’re the most positively reviewed employment law firm in Canada, and we’ve been named one of Canada’s Best Law Firms by The Globe and Mail.

• 👥 Over 50,000 clients helped across Canada
• 💰 Millions recovered in severance and compensation
• ⚖️ No win, no fee — you don’t pay unless we win*
• ⭐ 2,030 5-star Google reviews for our Toronto office (4.8 average)
• 🏆 Recognized as one of Canada’s Best Law Firms by The Globe and Mail

*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.