Maternity leave in Canada lets new mothers and birthing parents take time off work while receiving EI payments. But how much do you get? How long can you be off? And what happens if your job changes or you’re let go during leave?
This guide breaks down your rights, how to qualify, and what to do if your employer doesn’t follow the law.
What’s In This Guide
What’s the Difference Between Maternity and Parental Leave in Canada?
Maternity leave and parental leave are two different types of time off work that new parents can access in Canada.
- Maternity leave is only available to birth mothers and surrogate mothers. It covers the time before and after childbirth and is meant to support physical recovery.
- Parental leave can be taken by either parent (or both), including adoptive parents. It’s used to care for a newborn or newly adopted child.
Quick Breakdown:
- Maternity Leave: Up to 15 weeks, for birth mothers only
- Parental Leave: Up to 40 weeks, can be split between parents (one parents can take up to 35 weeks)
- Some parents may be eligible for extended parental benefits, which provide lower payments over a longer period
💡 You can apply for both maternity and parental leave at the same time through Service Canada. Benefits are paid through Employment Insurance (EI).
🟢 WATCH: Employment lawyer Lior Samfiru explains maternity leave in Canada on the Employment Law Show.
Who Can Take Maternity Leave in Canada?
To qualify for maternity leave and receive Employment Insurance (EI) benefits in Canada, you must meet certain eligibility requirements.
✔️ You Are Eligible If:
- You’re pregnant or have recently given birth
- You are employed and pay into the EI program
- You have worked at least 600 insurable hours in the last 52 weeks or since your last EI claim
- Your normal weekly earnings have been reduced by more than 40% due to maternity leave
💡 Even if you switch employers or work part-time, you may still qualify — as long as your combined hours add up to 600.
If you’re self-employed, you can qualify only if you registered for the EI Special Benefits Program at least 12 months before making a claim and have earned a minimum amount from self-employment.
For information on maternity leave rights in different provinces, explore our resources:
How Much Time Off Can You Take For Maternity Leave?
In Canada, maternity leave can last up to 15 weeks. This time is set aside to allow birth mothers and surrogate mothers to recover from childbirth and bond with their newborn.
Key Facts:
- You can start maternity leave as early as 12 weeks before your due date
- You must start your leave no later than the week of your delivery
- If you baby is born early or late, the leave period adjusts to start when you stop working
ℹ️ Maternity leave in Canada is separate from parental leave, which can extend your total time off to up to 55 weeks when combined.
Many parents take maternity leave first, followed immediately by parental leave. You do not need to return to work between the two.
What Is the EI Payment for Maternity Leave in Canada?
If you’re approved for maternity leave benefits through Employment Insurance (EI), you can receive 55% of your average weekly earnings, up to a maximum of $695 per week (as of 2025).
Quick Facts:
- Payments are made every 2 weeks
- There is a 1-week waiting period before payments begin (like a deductible)
- Benefits are taxable income
- You can receive payments for up to 15 weeks
✅ 2025 maximum EI maternity payment: $695 per week
Some employers may offer a top-up — extra money added to your EI benefits to bring you closer to your full salary. Top-up policies vary by employer and are not required by law.
If you are combining maternity and parental leave, you will need to choose either:
- Standard parental leave: higher pay over a shorter time
- Extended parental leave: lower pay over a longer time
You can apply for both at the same time through Service Canada.
How Do You Apply for EI Maternity Leave in Canada?
To receive maternity benefits, you must submit an application through Service Canada after your last day of work.
Step-by-Step Guide:
- Stop working — you can’t apply before your final workday
- Gather your documents: Social Insurance Number (SIN), employer’s name and address, and Record of Employment (ROE) — your employer submits this electronically
- Apply online through the EI benefits portal
- Choose your leave type (standard or extended parental benefits, if applicable)
- Wait for a decision — you may be asked to provide more details
⏳ There is usually a 1-week waiting period before payments start. Make sure to apply as soon as you stop working to avoid delays.
If you make a mistake or need to make changes, you can contact Service Canada by phone or visit a Service Canada location.
Can Fathers Take Maternity Leave in Canada?
Fathers and non-birthing parents in Canada can’t receive maternity leave benefits, but they may be eligible for parental leave through EI. It is often referred to as “paternity leave.”
Parental leave is available to either parent, including:
- Biological fathers
- Non-birthing partners
- Adoptive parents
Key Benefits for Fathers:
- Up to 40 weeks of parental leave, with a maximum of 35 weeks per parent
- The non-birthing parent can claim the “5-week use-it-or-lose-it” benefit — a dedicated portion of parental leave that encourages both parents to take time off
- Same payment rules apply: 55% of weekly earnings, up to $695/week (or lower for extended leave)
🍼 Many couples split their leave, with one partner taking maternity leave and the other claiming part of the parental leave.
For information on parental leave rights in different provinces, explore our resources:
Can You Be Fired While on Maternity Leave in Canada?
No. Employers in Canada are not allowed to fire or penalize you for taking maternity or parental leave. Your job is protected by both federal and provincial employment laws.
Your Rights Include:
- The right to take leave without losing your job
- The right to return to the same job, or a comparable one, after leave
- Protection from being fired, demoted, or replaced because of pregnancy or leave
- The right to continue receiving benefits and accruing seniority
⚠️ If your employer makes changes to your job during leave or refuses to reinstate you, you may be entitled to a severance package — as much as 24 months’ pay — or additional compensation.
These laws apply whether you’re on maternity leave, parental leave, or both — and they vary slightly by province.
FAQs
Can I Take Both Maternity and Parental Leave?
Yes. If you’re the birth mother, you can take up to 15 weeks of maternity leave, followed by standard or extended parental leave. You can apply for both at the same time.
Do I Get Paid During the EI Waiting Period?
No. There is a 1-week unpaid waiting period before your EI maternity benefits begin, similar to a deductible.
How Soon Can I Start Maternity Leave?
You can begin your maternity leave up to 12 weeks before your due date, but no later than the week of your delivery.
Can I Extend My Maternity Leave?
You can’t extend the 15-week maternity portion, but you may qualify for extended parental benefits. Some provinces also allow you to request unpaid leave extensions from your employer.
What if My Baby is Born Early?
If your baby arrives earlier than expected, your maternity leave begins when you stop working. Your parental leave timeline adjusts based on the baby’s actual birth date.
Do I Qualify if I’m Self-Employed?
Only if you voluntarily registered for the EI Special Benefits program at least 12 months ago and meet the minimum earnings requirement. Otherwise, you’re not eligible.
Can I Be Denied Maternity Leave?
Your employer must grant the time off if you qualify under employment laws. However, EI benefits may be denied if you don’t meet the eligibility criteria (e.g. not enough insurable hours).
📞 If you’ve been denied leave or fired by your employer, or your job was changed during maternity leave, speak with an employment lawyer at Samfiru Tumarkin LLP immediately!
Was Your Maternity Leave Denied or Interrupted? We Can Help
If you’re a non-unionized employee and your employer has:
- Denied your maternity or parental leave
- Changed your job duties while you’re away (resulting in constructive dismissal)
- Pressured you to resign
- Fired you before, during, or after leave
You are entitled to full severance pay (as much as 24 months’ pay) and compensation through a wrongful dismissal claim.
At Samfiru Tumarkin LLP, we’ve helped thousands of Canadians protect their rights and recover what they’re owed. Our employment lawyers represent clients across Ontario, Alberta, and BC, and we offer consultations for many employment matters.
🛡️ You’re Not Alone. We’ve helped many employees navigate issues during maternity and parental leave — from job changes and pressure to return early, to being wrongfully let go. If your employer isn’t following the law, our experienced maternity leave lawyers can help you protect your rights and secure what you’re owed.
- 👥 Over 50,000 clients helped across Canada
- 💰 Millions recovered for employees on leave
- ⚖️ No win, no fee — you don’t pay unless we succeed*
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*Conditions apply. Not all cases qualify.
Contact us today to find out what you’re owed. Book a consultation or call 1-855-821-5900.