Paternity Leave in Ontario (2026 Guide)

Is There Paternity Leave in Ontario?

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

Instead, fathers and non-birthing parents take parental leave, which provides the same job protection under Ontario’s Employment Standards Act (ESA).

“Paternity leave” is a commonly used term — but legally, it falls under parental leave in Ontario.

Who Can Take Paternity Leave in Ontario?

You may qualify for paternity leave (parental leave) in Ontario if you are:

• A biological father
• A same-sex parent
• A non-birthing partner
• An adoptive parent

As long as you are an employee and provide proper notice, your employer must grant the leave.

There is no minimum length of employment or minimum hours required under Ontario law.

How Long Is Paternity Leave in Ontario?

The amount of paternity leave available 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 entitlements apply per parent, not per family.

Can Both Parents Take Leave at the Same Time?

Yes. Ontario law allows:

• Both parents to take parental leave
• Leave to be taken at the same time or separately
• Each parent to have their own job protection

An employer can’t refuse leave because the other parent is also off work.

Do You Get Paid During Paternity Leave in Ontario?

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

Some parents receive income through:

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

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

Can You Be Fired While on Paternity Leave in Ontario?

No.
It is illegal for an employer to fire, discipline, or penalize an employee because they are taking parental (paternity) leave.

This includes:

• Termination
• Demotion
• Reduced hours
• Retaliation before or after leave

If you are fired during or shortly after paternity leave, it may amount to wrongful dismissal in Ontario or human rights discrimination.

Returning to Work After Paternity Leave in Ontario

When paternity 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:

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

Illegal changes after leave may amount to constructive dismissal in Ontario.

Common Questions About Paternity Leave in Ontario

Is paternity leave a legal right in Ontario?

Yes — through parental leave protections under the ESA.

Can my employer refuse paternity leave?

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

Can I take leave if my partner already did?

Yes. Each parent has their own entitlement.

Do I still qualify if I don’t get EI?

Yes. EI does not determine your right to job-protected leave.

Speak With an Ontario Employment Lawyer

If your employer has:

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

You may be entitled to 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.