Maternity leave in Canada is job-protected time away from work for an eligible pregnant employee before and after childbirth. The amount of leave available depends on the employment law that applies where you work.
Maternity leave protects your job. EI maternity benefits are separate and provide income while you are away. Eligible employees can receive up to 15 weeks of EI maternity benefits, while provincial maternity or pregnancy leave can last 16 or 17 weeks and is usually followed by much longer parental leave.
Your employer can’t fire, demote, punish or permanently replace you because you are pregnant or because you take maternity leave. If your job changes, disappears or ends while you are pregnant, on leave or returning to work, get legal advice before resigning or accepting a severance package.
On This Page:
- 1. How Maternity Leave Works
- 2. How Long Maternity Leave Lasts
- 3. Maternity Leave Pay & EI
- 4. Job Protection & Returning to Work
- 5. Fired During or After Maternity Leave
- 6. Maternity Leave by Province
- 7. What Employees Should Do
How Does Maternity Leave Work in Canada?
Maternity leave allows an eligible pregnant employee to take unpaid, job-protected time away from work because of pregnancy and childbirth.
The terms “maternity leave” and “pregnancy leave” are often used to describe the same basic employment right. The exact legal term, eligibility requirement, length of leave and notice rules depend on the province or federal employment regime that covers your workplace.
Three different rights are often grouped together when people talk about “maternity leave”:
- Maternity or pregnancy leave: Job-protected leave available to the employee who is pregnant or has given birth.
- Parental leave: Additional job-protected time to care for a newborn or newly adopted child.
- EI maternity and parental benefits: Federal income-replacement benefits for eligible employees while they are away from work.
These rights work together, but they are not the same program.
Who can take maternity leave?
Maternity or pregnancy leave is available to the employee who is pregnant or has given birth, subject to the eligibility rules in the law that applies to their workplace.
Fathers, non-birthing parents and adoptive parents do not take maternity leave. Their job-protected time away from work is normally parental leave.
A birth parent can normally move directly from maternity or pregnancy leave into parental leave, creating a much longer period of job-protected time away from work.
How Long Is Maternity Leave in Canada?
There is no single maternity-leave length that applies to every employee in Canada.
For example:
- Ontario: Eligible pregnant employees can take up to 17 weeks of pregnancy leave.
- Alberta: Eligible employees can take up to 16 weeks of maternity leave.
- British Columbia: Eligible employees can take up to 17 weeks of maternity leave.
That is only the maternity portion. A birth parent can normally take parental leave afterward, which means the total protected absence can extend to roughly 18 months in several provinces.
Can you take 18 months of maternity leave?
What people commonly call “18-month maternity leave” is actually maternity or pregnancy leave followed by parental leave.
For example, an eligible Ontario birth parent can take up to 17 weeks of pregnancy leave followed by up to 61 weeks of parental leave. Alberta provides up to 16 weeks of maternity leave followed by up to 62 weeks of parental leave.
The same basic distinction matters elsewhere: your maternity leave and parental leave are legally separate entitlements even when you take them one after the other.
Can you take less than the maximum leave?
Yes. You do not have to take the maximum maternity or parental leave available to you.
However, rules about when leave must begin, how it must be taken and how much notice you must give your employer differ by province. Review those rules before choosing an early return date.
Is Maternity Leave Paid in Canada?
Your employer is not normally required to pay your regular wages during statutory maternity leave, but eligible employees can receive EI maternity benefits.
For EI claims in 2026, maternity benefits provide:
- Up to 15 weeks of maternity benefits
- 55% of average insurable weekly earnings
- A maximum of $729 per week in 2026
EI maternity benefits are available to the person who is pregnant or has recently given birth. Parental benefits are a separate benefit available to eligible parents after a child is born or placed for adoption.
Quebec operates its own maternity and parental benefit system through the Quebec Parental Insurance Plan rather than the regular EI maternity and parental benefit program.
Who qualifies for EI maternity benefits?
EI maternity benefits normally require at least 600 hours of insurable employment during the qualifying period and a sufficient interruption of earnings.
Eligibility for job-protected maternity leave is separate. You can therefore meet the employment-law requirements for leave but not qualify for EI benefits, or qualify for EI under rules that do not exactly match your provincial leave entitlement.
Does your employer have to top up maternity leave pay?
No. An employer does not automatically have to top up EI maternity benefits.
A maternity-leave top-up can become mandatory if it is promised by your employment contract, compensation plan, workplace policy or another binding agreement.
Read the top-up terms carefully. Some plans require you to return to work for a minimum period afterward and can contain repayment obligations if you resign.
Is Your Job Protected During Maternity Leave?
Yes. Eligible maternity leave is job-protected, and an employer can’t penalize you because you became pregnant or exercised your right to take the leave.
Job protection means much more than simply keeping your name on the payroll while you are away.
Depending on the law that applies, your employer must normally return you to the position you held before the leave or to an equivalent or comparable position if the original job genuinely no longer exists.
Can your employer replace you while you are on maternity leave?
Your employer can arrange temporary coverage while you are away, but it can’t use your maternity leave as the reason to permanently take away your job.
Hiring a temporary replacement is normal. Telling you at the end of leave that the replacement now has your job and there is nothing comparable available is a very different situation.
Can your employer change your job when you return?
Your employer can’t demote you, reduce your compensation or make another negative change because you took maternity leave.
A genuine business change affecting employees for reasons unrelated to maternity leave can occur while you are away. But a major negative change imposed when you return can raise issues involving protected-leave rights, discrimination and constructive dismissal.
Learn more about your rights when you return to work after maternity leave.
Can You Be Fired During Maternity Leave?
Your employer can’t fire you because you are pregnant or because you took maternity leave.
That does not mean an employee on maternity leave can never lose their job. An employer can make a legitimate termination decision for a reason completely unrelated to pregnancy or the protected leave, such as a genuine closure or restructuring that would have eliminated the job even if the employee had been actively working.
The reason for the termination matters enormously. If pregnancy or maternity leave was a factor in the decision, the employee can have remedies beyond an ordinary termination claim.
Our resource about being fired while pregnant provides more information about your rights.
What if you are laid off or fired just before maternity leave?
A termination shortly before maternity leave is not automatically illegal, but your employer can’t fire you because you are pregnant or about to take protected leave.
Timing, comments about your pregnancy or leave, sudden performance concerns, changes to your role and the employer’s treatment of other employees can all become important when determining why the termination occurred.
If you are terminated without cause, you are also entitled to the notice or compensation legally owed to you. For many non-unionized employees, full severance pay is substantially greater than the minimum amount required by employment standards legislation—as much as 24 months’ pay.
An inadequate package can amount to wrongful dismissal.
What if you are fired when you return from maternity leave?
Being fired immediately before or after returning from maternity leave deserves careful review.
Your employer can’t avoid its maternity-leave obligations by waiting until your return date and then terminating you because you were away.
If a legitimate unrelated termination occurs, you are still entitled to the full notice or severance compensation required by law. If pregnancy or maternity leave influenced the decision, additional human-rights or statutory remedies can also be available.
Learn more with our resource about being fired during maternity leave.
Maternity Leave Rules by Province
Maternity-leave eligibility, length and notice requirements depend on the employment law that applies where you work.
Maternity leave in Ontario
Eligible Ontario employees can take up to 17 weeks of unpaid pregnancy leave. A birth parent who takes pregnancy leave can normally follow it with up to 61 weeks of parental leave.
For Ontario eligibility, start dates, notice requirements, EI pay and return-to-work rights, see our complete guide to maternity leave in Ontario.
Maternity leave in Alberta
Eligible Alberta employees can take up to 16 consecutive weeks of unpaid maternity leave. Employees normally qualify after at least 90 days of employment with the same employer and can take up to 62 weeks of parental leave afterward.
See our full guide to maternity leave in Alberta for Alberta-specific rules.
Maternity leave in British Columbia
Eligible B.C. employees can take up to 17 consecutive weeks of unpaid maternity leave, followed by up to 61 weeks of parental leave for a parent who took maternity leave.
B.C. also protects employees against adverse employment changes connected to pregnancy and protected leave. Learn more about Maternity leave in BC.
What if your workplace is federally regulated?
Employees governed by the Canada Labour Code have federal maternity and parental leave rights instead of provincial employment-standards leave rules.
This can apply to employees in industries such as banking, airlines, telecommunications, railways and certain interprovincial transportation businesses. Check the federal rules that apply to your workplace rather than assuming your province’s leave requirements govern you.
What Should You Do Before and After Maternity Leave?
Protect your maternity-leave rights by documenting your leave, understanding your return date and dealing with any workplace problem before you resign or sign away compensation.
- Confirm which employment law applies. Your province or federal jurisdiction determines your job-protected leave rights.
- Give the required notice. Provide your employer with written notice of your expected leave dates according to the rules where you work.
- Apply for EI separately. Your employer approves job-protected leave; Service Canada determines EI maternity and parental benefit eligibility.
- Keep your employment documents. Save your employment contract, leave correspondence, compensation information, policies and any maternity top-up terms.
- Confirm your return to work in writing. Keep a record of the role, compensation, hours and return date discussed with your employer.
- Document negative changes. Keep records if your employer removes responsibilities, cuts your pay, reduces hours, demotes you or says your position no longer exists.
- Don’t resign or sign a release before getting advice. Your response can affect valuable severance, constructive-dismissal and human-rights claims.
If your employer issues a Record of Employment when your maternity leave starts, make sure the information accurately reflects the interruption of earnings. Maternity leave is normally identified with ROE Code F.
Maternity Leave Canada FAQs
Is maternity leave 12 or 18 months in Canada?
Neither is a single legal maternity-leave period across Canada. What people call 12- or 18-month maternity leave usually combines maternity or pregnancy leave with parental leave. The exact amount of job-protected leave depends on your province or federal jurisdiction.
How much does EI pay for maternity leave in 2026?
EI maternity benefits pay 55% of average insurable weekly earnings, up to $729 per week for claims beginning in 2026. Maternity benefits can be paid for up to 15 weeks.
Does your employer pay you during maternity leave?
Not normally. Statutory maternity leave is generally unpaid by the employer. Income commonly comes from EI maternity benefits, although an employment contract or workplace plan can provide a maternity-leave top-up.
Can your employer refuse maternity leave?
An employer can’t refuse job-protected maternity leave when you satisfy the legal eligibility and notice requirements that apply to you.
If an employer denies an eligible leave, threatens your job because you requested it or tells you to resign instead, get legal advice.
Do you keep your seniority while on maternity leave?
Protected maternity leave does not normally break your employment relationship or reset your service to zero.
The precise rules governing seniority, benefits, pension contributions and other employment rights differ by jurisdiction and by the workplace plan involved.
What happens if your employer says your job no longer exists?
Don’t assume you have no options. Your employer must comply with the return-to-work protections that apply to your leave, and any termination must be for a lawful reason and accompanied by the full compensation you are owed.
If your previous position genuinely disappeared, the employer’s obligation to provide an equivalent position, the reason for the change and any severance rights should all be reviewed before you accept the outcome.
Get Help With a Maternity Leave Problem
Problems around maternity leave often arise at the most important transition points: when an employee announces a pregnancy, begins leave, prepares to return or discovers that their job has changed while they were away.
Samfiru Tumarkin LLP helps non-unionized employees challenge unlawful treatment connected to pregnancy and maternity leave, restore or protect their employment rights, and secure the full severance pay and compensation they are owed when their job has been changed or terminated.
If you have been fired, replaced, demoted, had your pay or duties reduced, or been told there is no job for you after maternity leave, don’t resign or sign a termination package before speaking with an employment lawyer.