Parental Leave in BC (2025): EI Pay, Time Off & Legal Rights

Bringing a new child into your family is an exciting time — but it can also raise important questions about work, income, and job security.

In BC, non-birthing parents (including fathers, adoptive parents, and same-sex partners) may be eligible for job-protected parental leave — often referred to as “paternity leave” — and paid EI benefits to care for a newborn or newly adopted child. This guide explains your rights and what you need to know about parental leave in BC.

✅ Quick Facts:

• Length: Up to 62 weeks of unpaid, job-protected leave
• Pay: EI benefits through Service Canada (standard or extended)
• Applies to: Biological and adoptive parents, regardless of gender
• Notice required: Minimum 4 weeks’ written notice to your employer
• Job security: Your position — or a comparable one — must be restored after leave

Who Qualifies for Parental Leave in BC?

To take parental leave in BC, you must meet the requirements under both BC’s Employment Standards Act (ESA) (for job protection), and Canada’s Employment Insurance (EI) program (for paid benefits)

✔️ Under BC’s ESA

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

• Are a biological or adoptive parent
• Are currently employed
• Provide written notice at least 4 weeks before your intended leave

✔️ For EI Parental Benefits (Paid Leave)

To receive EI parental leave pay, you must:

• Have worked at least 600 insurable hours in the last 52 weeks (or since your last EI claim)
• Experience a 40% or more reduction in your weekly earnings
• Apply through Service Canada

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

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

In BC, parental leave gives eligible employees time off to care for a newborn or newly adopted child. There are two timelines to understand:

BC’s Employment Standards Act (Job Protection)

You can take up to 62 weeks of unpaid, job-protected parental leave.

• This applies to both parents and can be taken at the same time or separately
• Parental leave must begin within 78 weeks (18 months) after the child’s birth or adoption

EI Parental Benefits BC (Paid Leave)

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

How Much Does Parental Leave Pay in BC?

If you qualify for EI parental benefits, the government will replace a portion of your income while you’re off work.

Comparison of Standard vs. Extended Parental Benefits in Alberta (2025)

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 Parental Leave Benefits in BC?

To receive parental leave benefits in BC, 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?

BC 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 BC

Do Both Parents Get Parental Leave in BC?

Yes. Both parents can take parental leave if they meet the eligibility criteria. They can take it at the same time or split the time between them.

Can You Take Both Maternity and Parental Leave in BC?

Yes. Birth mothers can take both — maternity leave (up to 16 weeks) and parental leave (up to 62 weeks), for a total of 78 weeks. Maternity leave must be taken first.

Do You Have to Take the Full Parental Leave?

No. You can take a shorter leave if you prefer. Just ensure your employer receives proper notice of the duration.

Can My Employer Deny My Parental Leave in BC?

No, not if you qualify under BC’s Employment Standards Act. As long as you provide written notice, your employer must approve the leave.

Will I Get the Same Job Back After Parental Leave?

Generally, yes. Your employer must reinstate you to your same job or a comparable one, with the same pay and benefits.

Can Adoptive or Same-Sex Parents Take Parental Leave?

Yes. Adoptive parents and same-sex couples are equally entitled to parental leave under BC law.

Do You Have to Be a Full-Time Employee to Qualify?

No. Full-time, part-time, contract, and permanent employees can all qualify for parental leave.

Talk to an Employment Lawyer About Parental Leave in BC

If you’re a non-unionized employee in BC 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 BC employment lawyers have helped thousands of non-unionized employees in Alberta 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*
• ⭐ 493 5-star Google reviews for our Vancouver office (4.7 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.