Maternity leave allows a pregnant employee to take job-protected time away from work before and after giving birth.
Ontario employment law protects your right to take the leave and return to your job. Employment Insurance may provide income while you are away, but maternity leave and EI maternity benefits are two separate programs with different eligibility rules.
The Quick Answer: How does maternity leave work in Ontario? An eligible pregnant employee can take up to 17 weeks of unpaid, job-protected pregnancy leave. This can generally be followed by up to 61 weeks of parental leave. EI maternity benefits may provide up to 15 weeks of income support, but your employer is not normally required to pay your wages during the leave.
On This Page:
- 1. What Is Maternity Leave?
- 2. Eligibility and Leave Length
- 3. Maternity Leave Pay and EI
- 4. Starting and Applying for Leave
- 5. Your Rights During and After Leave
- 6. Problems With Maternity Leave
What Is Maternity Leave in Ontario?
“Maternity leave” is the term most people use for time away from work because of pregnancy and childbirth.
Ontario’s Employment Standards Act officially calls this pregnancy leave. It is available only to an employee who is pregnant.
Parental leave is separate. It allows birth parents, fathers, non-birthing parents and adoptive parents to take additional job-protected time away to care for a new child.
| Ontario Pregnancy Leave | EI Maternity Benefits |
|---|---|
| Protects your job while you are away | May provide income while you are away |
| Governed by Ontario employment law | Administered federally by Service Canada |
| Up to 17 weeks for most employees | Up to 15 weeks of benefits |
| Requires employment to have started at least 13 weeks before the due date | Generally requires 600 insured hours and a sufficient reduction in earnings |
Who Qualifies for Maternity Leave in Ontario?
You may qualify for pregnancy leave if:
- You are pregnant
- Your employer is covered by Ontario’s Employment Standards Act
- You started working for the employer at least 13 weeks before your expected due date
You do not need to actively work throughout those 13 weeks. You only need to have started your employment at least 13 weeks before the due date.
Full-time, part-time, permanent and fixed-term employees may qualify.
How many hours do you need for maternity leave in Ontario?
There is no minimum number of hours required for Ontario’s job-protected pregnancy leave.
The common “600-hour” requirement applies to federal EI maternity benefits—not your basic right to pregnancy leave from your employer.
How long is maternity leave in Ontario?
Pregnancy leave can last up to 17 weeks for most eligible employees.
If you take the full 17 weeks but are still pregnant, the leave can continue until the child is born. After the birth, most employees move directly from pregnancy leave into parental leave.
Can you take 18 months of maternity leave?
What is commonly called “18-month maternity leave” is actually a combination of pregnancy leave and parental leave.
A birth parent who takes pregnancy leave may generally take:
- Up to 17 weeks of pregnancy leave
- Followed by up to 61 weeks of parental leave
This creates a maximum of up to 78 weeks of combined job-protected leave.
The EI payment period does not match the Ontario leave period exactly. Review your EI options before choosing between standard and extended parental benefits.
How do you estimate your maternity leave dates?
Your earliest normal pregnancy-leave start date is 17 weeks before your expected due date.
If you choose a later start date, count forward up to 17 weeks to estimate when pregnancy leave will end. Parental leave will normally begin immediately afterward.
The actual dates may change if the child is born earlier or later than expected.
Is Maternity Leave Paid in Ontario?
Employers are not normally required to pay wages during maternity leave.
Eligible employees may receive EI maternity benefits from the federal government. Some employers also offer a maternity-leave top-up through an employment contract, workplace policy or collective agreement.
How much is maternity leave pay in Ontario?
EI maternity benefits are generally calculated at 55 per cent of your average insurable weekly earnings, up to the annual maximum.
For claims beginning in 2026, the maximum EI maternity benefit is $729 per week.
For example:
- Average insurable earnings of $800 per week could produce an estimated benefit of $440 per week
- Higher earners remain subject to the $729 weekly maximum in 2026
EI benefits are taxable, and the exact amount is determined by Service Canada after your application is processed.
Who qualifies for EI maternity benefits?
You generally need to show that:
- You are pregnant or recently gave birth
- Your regular weekly earnings decreased by more than 40 per cent for at least one week
- You accumulated at least 600 insured hours during the qualifying period
EI maternity benefits are available for up to 15 weeks and can begin as early as 12 weeks before your due date or the date you give birth.
Does your employer have to provide a maternity top-up?
No, unless a top-up is required by your employment contract, workplace policy or another agreement.
Some top-up plans require employees to return to work for a certain period or repay some of the money. Have the terms reviewed if you are dismissed, unable to return or asked to repay the benefit.
When Can You Start Maternity Leave in Ontario?
Pregnancy leave can generally begin as early as 17 weeks before your expected due date.
It must begin no later than the earlier of:
- Your due date
- The date you give birth
How much notice must you give your employer?
You should normally provide your employer with at least two weeks’ written notice before the leave begins.
Your employer may request a medical certificate confirming the expected due date.
If an unexpected birth, pregnancy complication or medical emergency prevents you from giving advance notice, notify your employer in writing as soon as reasonably possible.
When should you apply for EI maternity benefits?
Apply through Service Canada as soon as possible after you stop working.
Do not wait for your Record of Employment before starting the application. Delaying your application for more than four weeks after your last day of work could result in lost benefits.
Can you end or extend maternity leave?
You may choose to take less than the full 17 weeks. If you want to end the leave early, you generally need to give your employer at least four weeks’ written notice.
Once pregnancy leave begins, it must normally be taken as one continuous period. Returning to work—even part-time—may end your right to use the remaining pregnancy leave under the ESA.
What if you need to stop working early because of pregnancy complications?
Pregnancy leave may not be your only option.
Depending on your medical restrictions and workplace benefits, you may also have rights involving accommodation, sick leave, short-term disability or EI sickness benefits before pregnancy leave begins.
Your employer may have a duty to accommodate pregnancy-related medical restrictions to the point of undue hardship.
Your Rights During Maternity Leave
Taking pregnancy leave does not end your employment. While you are away:
- Your length of employment and seniority continue
- You may continue participating in certain benefit plans
- Your employer must generally continue paying its share of benefit premiums
- Your minimum vacation-time entitlement remains protected
- You remain protected from pregnancy and leave-related discrimination
You may need to continue paying your normal employee share of benefit premiums. If you do not want to continue participating, your employer may ask you to confirm that decision in writing.
Do you accrue vacation while on maternity leave?
Your leave continues to count toward your minimum vacation-time entitlement.
Vacation pay in Ontario is generally calculated as a percentage of wages earned. If you receive no wages during the leave, the amount of statutory vacation pay may differ. Your contract may provide a greater entitlement.
What job must your employer give you when you return?
When your leave ends, your employer must generally return you to:
- The same position you held before the leave
- A comparable position if your previous job no longer exists
Your pay must be at least as high as it was before the leave. You are also entitled to wage increases that you would have received if you had remained at work.
A lower title, reduced pay, fewer hours or significantly diminished responsibilities after leave may raise concerns involving discrimination or constructive dismissal.
Can You Be Fired During Maternity Leave?
Your employer can’t fire you because you are pregnant, plan to take maternity leave or have exercised your right to take leave.
An employer may terminate an employee during a maternity leave for a legitimate reason completely unrelated to the pregnancy or leave—for example, a genuine business closure affecting the employee’s entire department.
Even then, a non-unionized employee may be entitled to full severance pay in Ontario. Depending on the circumstances, compensation can reach as much as 24 months’ pay.
What if you are replaced during maternity leave?
Your employer may hire someone to temporarily perform your work while you are away.
It generally can’t permanently replace you and then refuse to return you to your previous or a comparable position simply because you took the leave.
What should you do if your maternity-leave rights are violated?
- Keep written records. Save emails, leave notices, medical documents, job descriptions and messages about your return.
- Ask for decisions in writing. Confirm any denial of leave, job change, pay reduction or termination.
- Don’t resign. Get advice before leaving because your job has changed or your return has been refused.
- Don’t sign immediately. Have any new contract, severance offer or release reviewed first.
- Contact an Ontario employment lawyer. Your claim may involve employment standards, human rights, wrongful dismissal or constructive dismissal.
Speak With an Ontario Maternity Leave Lawyer
If your employer has denied your leave, pressured you to return early, changed your job or fired you during pregnancy or maternity leave, you don’t have to deal with the situation alone.
The Ontario employment lawyers at Samfiru Tumarkin LLP can review your leave, workplace communications, return-to-work position and any termination or severance offer.
We can explain your rights, communicate with your employer and pursue the compensation you are owed.
The process doesn’t need to be overwhelming. Our team can handle the legal discussions while you focus on your health and family.