Parental Leave in Ontario (2026 Guide)

What Is Parental Leave in Ontario?

Parental leave in Ontario is a job-protected leave of absence under the Employment Standards Act (ESA) that allows eligible employees to take time off work to care for a new child after birth or adoption.

Parental leave in Ontario:

• Is available to either parent
• Applies to birth parents, fathers, same-sex partners, and adoptive parents
• Protects your job while you are away

Parental leave is different from maternity leave and is often taken after maternity leave Ontario ends.

Who Can Take Parental Leave in Ontario?

You may qualify for parental leave in Ontario if:

• You are an employee (full-time, part-time, or contract)
• You are a parent of a newborn or newly adopted child
• You provide your employer with proper notice

There is no minimum length of employment or minimum hours required under Ontario law for job-protected parental leave.

Parental leave rights in Ontario are based on employment law — not EI eligibility.

How Long Is Parental Leave in Ontario?

The length of parental leave in Ontario depends on whether maternity leave was taken.

If maternity leave was taken:

• Up to 61 weeks of unpaid, job-protected parental leave

If maternity leave was not taken:

• Up to 63 weeks of unpaid, job-protected parental leave

These timelines apply per employee, not per household.

Can Both Parents Take Parental Leave in Ontario?

Yes. Both parents can take parental leave under Ontario law.

Important points:

• Each parent has their own job-protected leave
• Parents may take leave at the same time or at different times
• Employers can’t refuse leave because the other parent is also off

This is a common area where employers make mistakes.

Do You Get Paid During Parental Leave in Ontario?

Ontario employers are not required to pay employees during parental leave.

Some employees receive income through:

• Employment Insurance (EI) parental benefits (federal program)
• Employer top-up plans (if offered)

Your right to parental leave under Ontario law exists regardless of EI eligibility.

Can You Be Fired While on Parental Leave in Ontario?

No.
An employer can’t fire, discipline, or penalize you because you are taking parental leave.

This includes:

• Termination
• Demotion
• Reduced hours
• Loss of seniority
• Retaliation before or after leave

Does It Affect Seniority and Benefits?

No. While you are on parental leave:

• Your employment continues
• Your seniority continues
• Your length of service continues

Employers must also continue certain benefits during parental leave, unless you choose not to maintain them.

Returning to Work After Parental Leave in Ontario

When parental leave ends, your employer must return you to:

• The same job, or
• A comparable position with the same pay and benefits

An employer can’t:

• Change your role significantly
• Cut your pay
• Delay your return
• Penalize you for taking leave

Parental Leave vs. Paternity Leave in Ontario

Ontario law does not recognize a separate category called “paternity leave.”

Instead:

• Fathers and non-birthing parents take parental leave
• The same job protections apply
• The term “paternity leave” sees common use but is not legally distinct

Frequently Asked Questions

How long is parental leave in Ontario?

Up to 61 or 63 weeks, depending on whether you take maternity leave.

Can my employer refuse parental leave?

No, if you meet the legal requirements and give proper notice.

Can both parents work for the same employer and take leave?

Yes. Each parent has their own entitlement.

Do I still qualify if I don’t get EI?

Yes. EI eligibility does not affect your right to job-protected parental leave under Ontario law.

Speak With an Ontario Employment Lawyer

If your employer has:

• Denied your parental leave
• Changed your job while you were away
• Pressured you to return early
• Fired you before, during, or after parental leave

They may owe you Ontario severance pay or additional compensation.

Samfiru Tumarkin LLP has helped 50,000+ non-unionized employees across Ontario protect their workplace rights. Our Ontario employment lawyers can review your situation and explain your legal options.