Paternity Leave in Ontario: What Fathers Need to Know (2025)

Welcoming a new child is a life-changing moment — and in Ontario, new fathers have the right to take time off work to bond with their baby and support their family. While it’s often called “paternity leave,” the legal term is parental leave, and it applies equally to biological, adoptive, and same-sex parents.

If you’re a dad in Ontario wondering whether you can take time off work after the birth or adoption of a child — and get paid while doing it — this guide breaks it down clearly.

✅ Quick Facts: Paternity Leave Ontario

• Who qualifies: Biological, adoptive, or same-sex parents
• Duration: Up to 61 or 63 weeks of unpaid, job-protected leave
• Pay: Through EI parental benefits, not your employer
• When to apply: Within 78 weeks of the child’s birth or adoption
• Notice required: At least 2 weeks’ written notice to your employer
• Job security: Your entitled to return to the same job or a comparable one
• Top-up pay: Optional, depends on employer policy

What’s In This Guide?

Do Fathers Get Paternity Leave in Ontario

Yes. In Ontario, fathers are legally entitled to take parental leave following the birth or adoption of a child.

While there’s no separate “paternity leave” under the law, fathers qualify for the same job-protected parental leave as mothers under Ontario’s Employment Standards Act (ESA). Parental leave is available to:

• Birth fathers
• Adoptive fathers
• Same-sex parents
• Step-parents or partners in a permanent relationship with a parent

To qualify, you must:

• Be employed by a company covered under the ESA
• Have been employed for at least 13 weeks before your leave begins

You don’t need to have worked a minimum number of hours — you simply need to have been employed (not necessarily actively working) during that 13-week period.

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

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How Long is Paternity Leave in Ontario?

Fathers in Ontario can take up to 61 or 63 weeks of unpaid, job-protected parental leave, depending on whether the birth mother also takes maternity leave.

Under Ontario’s ESA:

• If both parents take leave: up to 61 weeks
• If only one parent takes leave: up to 63 weeks

This leave must begin within 78 weeks after the child is born or adopted.

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Is Paternity Leave Paid in Ontario?

While Ontario’s Employment Standards Act (ESA) guarantees unpaid job-protected leave, you may qualify for paid benefits through Employment Insurance (EI).

✔️ EI Parental Benefits

*One parent can take a maximum of 35 (standard) or 61 (extended) weeks. The remaining weeks can go to the other parent.

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How Do You Apply for Paternity Leave in Ontario?

To take paternity leave and receive EI benefits, follow these two steps:

Step 1: Give Notice to Your Employer

You must give your employer at least 2 weeks’ written notice before your leave starts.
You qualify for job-protected parental leave if you’ve been employed for at least 13 weeks — even if you haven’t worked the whole time.

Step 2: Apply for EI Parental Benefits

Apply through Service Canada as soon as your leave begins. Don’t wait more than 4 weeks after your last workday, or you may lose benefits.

What You’ll Need:

• Social Insurance Number (SIN)
• Employer details
• Record of Employment (ROE) — usually sent by your employer

How to Apply:

1. Go to Service Canada’s EI page
2. Choose either standard or extended parental benefits
3. Confirm if the other parent is also applying (for bonus weeks)

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What Are Your Rights While on Paternity Leave in Ontario?

Fathers and other eligible parents in Ontario have important legal protections during paternity leave under the ESA.

Job Protection

• Your employer must return you to the same job you had before leave — or a comparable one if your role no longer exists.
• You can’t be paid less than before your leave. If your wages would have increased during your leave, your pay must reflect that.

No Penalties Allowed

• Your employer can’t punish, threaten, or penalize you for taking (or planning to take) paternity leave.
• If your employer retaliates, it could be considered a reprisal, which is illegal under the ESA.

Participation in Benefits

• Your employer must continue any benefit plans (e.g. health, dental, pension) during your leave — as long as you keep paying your share (if applicable).
• You must opt out in writing if you don’t want to continue coverage.

Seniority and Service Time

• You continue to build seniority and earn credit toward service time during your leave.
• This can affect things like vacation entitlement, pension eligibility, and future promotions.

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FAQs About Paternity Leave in Ontario

Is There Paternity Leave in Ontario?

Yes. While Ontario law refers to it as “parental leave,” new fathers are eligible for unpaid, job-protected time off work under the ESA. You may also qualify for paid benefits through EI.

How Long is Paternity Leave in Ontario?

Fathers can take up to 61 or 63 weeks of parental leave under Ontario’s ESA, depending on whether maternity leave is also taken.

Is Paternity Leave Paid in Ontario?

The leave itself is unpaid, but you may receive EI parental benefits through the federal government. Standard benefits pay 55% of your weekly earnings, while extended benefits pay 33%.

Do I Need to Work a Certain Amount of Time to Qualify for Paternity Leave?

Yes. Under the ESA, you must be employed for at least 13 weeks before your leave begins. To get EI parental benefits, you must also have worked at least 600 insurable hours in the past 52 weeks.

Can My Employer Refuse My Paternity Leave?

No. If you meet the eligibility requirements and provide proper notice, your employer must allow you to take the leave.

Can I Be Fired for Taking Paternity Leave?

No. It’s illegal for an employer to terminated or punish you for taking paternity leave. If this happens, you are entilted to severance pay in Ontario — as much as 24 months’ pay.

Talk to an Employment Lawyer About Paternity 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 not to take time off
• 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 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*
• ⭐ 2,277 5-star Google reviews across Ontario (4.8 average)
• 🏆 Recognized as one of Canada’s Best Law Firms by The Globe and Mail

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

*Conditions apply. Not all cases qualify.