Paternity Leave in Ontario: Essential Guide

What is Paternity Leave in Ontario?

Paternity leave, often referred to as parental leave in Ontario, is a period of leave granted to new fathers to care for their newborn or newly adopted child. It is part of the broader category of parental leave, which is available to both parents. In Ontario, paternity leave is governed by the Employment Standards Act (ESA).

Who is Eligible?

To be eligible for paternity leave in Ontario, the father must:

• Be employed by their employer for at least 13 weeks before the expected date of birth or the date the child comes into their care.
• Work full-time, part-time, or on a temporary basis.
• Have a newborn or newly adopted child.
• Inform their employer in writing at least two weeks before starting the leave, although this notice period may be shorter if the child arrives earlier than expected.

How long is Ontario Paternity Leave?

Paternity leave, as part of parental leave, is up to 63 weeks of unpaid leave for eligible fathers.

This leave can be taken within 78 weeks (about 18 months) following the child’s birth or the day the child comes into their care (for example, in the case of adoption).

It’s important to note that this duration is for parental leave as a whole, which can be shared between both parents.

Is Paternity Leave Paid?

No, paternity leave itself is unpaid under the ESA. However, eligible fathers may receive parental benefits under the federal Employment Insurance (EI) program.

Employment Insurance and Paternity Leave

EI benefits provide partial income replacement for fathers while they are away from work to care for a newborn or newly adopted child.

Paternity Leave Top Up

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

When Does Paternity Leave Start?

Paternity leave in Ontario can start at any time within 78 weeks following the child’s birth or the day the child comes into the father’s care (such as in adoption cases). The exact start date is generally flexible and can be determined by the father based on personal and family needs, but it must be within this specified time frame.

Fathers are required to provide their employers with written notice at least two weeks before beginning the leave, although this notice period may be shorter if the child arrives earlier than expected.

When Should You Apply for Paternity Leave in Ontario?

In Ontario, fathers should apply for paternity leave by providing their employer with written notice at least two weeks before they intend to start their leave. However, if the baby arrives earlier than expected, this notice period may be shorter.

It’s also a good idea to discuss your plans with your employer as early as possible to ensure a smooth transition for both you and your workplace.

Is Paternity Leave Part of Parental Leave?

Yes, in Ontario, paternity leave is considered part of parental leave. Parental leave is a broader term that encompasses leave taken by either parent to care for a newborn or newly adopted child. Both mothers and fathers are eligible for parental leave, and they can choose to share the leave entitlement between them.

Is Paternity Leave Part of Maternity Leave?

No, paternity leave is not part of maternity leave. In Ontario, maternity leave is specifically designated for mothers and is intended to provide them with time to recover from childbirth. It lasts up to 17 weeks and can start up to 13 weeks before the expected birth date.

Paternity leave, on the other hand, falls under the category of parental leave, which is available to both parents to care for their newborn or newly adopted child. Parental leave is separate from maternity leave and can be taken by fathers (paternity leave) or mothers after the maternity leave period ends. Both parents can share up to 63 weeks of parental leave, which can be taken any time within 78 weeks following the child’s birth or adoption.

Can You Change Your Paternity Leave End Date?

Yes, you can change your paternity leave end date in Ontario, but you should notify your employer as soon as possible.

Ideally, you should provide at least four weeks’ notice before the new end date or the original end date, whichever is earlier. This allows your employer to plan for your absence and arrange for your return to work.

Can You Be Forced to Take Paternity Leave?

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

Employee Benefits During Paternity Leave

Fathers on paternity or 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 paternity leave can vary depending on the employer’s policies and the terms of the benefit plans.

What Happens to Your Seniority During Paternity Leave?

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

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

Paternity leave is not considered a break in your employment. This means that if you are fired 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 Paternity Leave?

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

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

Returning to Your Job After Paternity Leave Ends

When you return to work from paternity 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 Paternity Leave

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