Parental Leave in Ontario: Essential Guide

What is Parental Leave in Ontario?

Parental leave in Ontario is a job-protected leave of absence that allows eligible employees to take time off work to care for a newborn or newly adopted child. In Ontario, both parents are entitled to parental leave, which can be taken separately or simultaneously.

Who is Eligible?

In Ontario, employees are eligible for parental leave if they have been employed with the same employer for at least 13 weeks and:

1. Are the biological or adoptive parents of the child.
2. Are legally responsible for the child’s support and are primarily responsible for the child’s care and upbringing.
3. Have made a request for parental leave in accordance with the Employment Standards Act (ESA).

Both parents are entitled to parental leave, and the leave can be shared between them.

It’s important to note that employees must provide their employer with written notice of their intention to take parental leave and the dates the leave will begin and end.

How long is Ontario Parental Leave?

Birth mothers who take maternity (pregnancy) leave are entitled to take up to 61 weeks of parental leave, while all other new parents are entitled to take up to 63 weeks of parental leave.

Is Parental Leave Paid?

No, parental leave itself is unpaid, however eligible employees may receive Employment Insurance (EI) benefits during their leave. These benefits provide partial income replacement.

Employment Insurance and Parental Leave

While parental leave in Ontario is unpaid, eligible employees can apply for Employment Insurance (EI) maternity and parental benefits. These benefits provide partial income replacement while the employee is away from work to care for a newborn or newly adopted child.

Parental Leave Top Up

Parental leave top-up is a benefit some Ontario employers offer to enhance EI benefits during maternity and parental leave. It’s optional and varies by employer.

When Does Parental Leave Start?

Parental leave in Ontario typically starts when the pregnancy leave ends for a birth mother. However, the start date of parental leave can vary depending on the circumstances.

• Example: If a baby has not yet come into the parent’s care when the pregnancy leave ends, the parent can choose to start parental leave when the pregnancy leave ends or return to work and start the parental leave later.

In general, parental leave must begin no later than 78 weeks after the date the baby is born or comes into the care of the parent.

When Should You Apply for Parental Leave in Ontario?

In Ontario, employees should apply for parental leave as soon as possible after the birth or adoption of a child.

Employees should also provide their employer with written notice of their intention to take parental leave and the dates the leave will begin and end. This notice should be provided at least four weeks before the leave is set to begin, unless this is not possible due to circumstances beyond the employee’s control.

Is Parental Leave Part of Maternity Leave?

No. Parental leave in Ontario is distinct from maternity (pregnancy) leave. Maternity leave is specifically for birth mothers to recover from childbirth and bond with their newborns, while parental leave is available to both parents to care for a newborn or newly adopted child.

A birth mother can take both pregnancy and parental leave. A birth father can take parental leave while the birth mother is on either pregnancy or parental leave.

How Does Paternity Leave Factor In?

Paternity leave is part of parental leave in Ontario. It allows fathers to take time off after the birth or adoption of a child.

Can You Change Your Parental Leave End Date?

You can change the start or end date of your parental leave by giving your employer written notice at least two weeks before the new date.

Can You Be Forced to Take Parental Leave?

No, an Ontario employer can’t force an employee to take parental leave. Parental leave is a right granted to eligible employees, and it is up to the employee to decide whether or not to take the leave.

Employee Benefits During Parental Leave

Employees on parental leave in Ontario have the right to continue participating in certain benefit plans offered by their employer, such as pension plans, life insurance plans, and health and dental plans.

The specifics of benefit continuation during parental leave can vary depending on the employer’s policies and the terms of the benefit plans.

What Happens to Your Seniority During Parental Leave?

Employees in Ontario continue to earn credits toward length of employment, length of service, and seniority during periods of parental leave. This includes benefits such as vacation time and promotions.

This rule ensures that employees do not lose their seniority rights while they are on leave to care for their newborn or newly adopted child.

Parental 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.

Can You Be Penalized for Taking Parental Leave?

No, you can’t be penalized for taking parental leave in Ontario. The ESA protects your right to take parental 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 taking parental leave.

Such treatment is considered a human rights violation. If you believe you have been penalized for taking parental leave, contact the team at Samfiru Tumarkin LLP for a consultation.

Returning to Your Job After Parental Leave Ends

When you return to work from pregnancy 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.

Termination and Parental Leave

In Ontario, it is illegal for an employer to terminate or fire an employee because they are on parental 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.

Talk To an Employment Lawyer

The knowledgeable employment law team at Samfiru Tumarkin LLP has helped tens of thousands of non-unionized individuals across the country.

In addition to severance package negotiations, we have experience securing solutions for the following employment matters:

Our lawyers in Ontario, Alberta, and B.C. stand ready to help you solve your workplace issues.

If you are a non-unionized employee who needs help with an employment issue, contact us or call 1-855-821-5900 to get the advice you need, and the compensation you deserve.