What Is Maternity Leave in Canada?
Maternity leave in Canada allows birth mothers to take time off work around the birth of a child. At a national level, maternity leave is closely associated with Employment Insurance (EI) maternity benefits, which provide temporary income support while you are away from work.
It’s important to understand that maternity leave in Canada involves two separate systems:
- EI maternity benefits, administered by the federal government
- Job-protected maternity leave, governed by provincial employment standards laws
This page provides a national overview of maternity leave and EI maternity benefits.
Employment-law rights, including job protection and notice requirements, vary by province and are explained in the province-specific guides below.
Who Can Take Maternity Leave in Canada?
Maternity leave applies to birth mothers only.
Eligibility for:
- EI maternity benefits depends on federal EI rules
- Job-protected maternity leave depends on provincial employment standards legislation
Because employment law is provincial, the rules around eligibility, notice, and job protection are not identical across Canada.
👉 For province-specific employment-law rules, see:
How Long Is Maternity Leave in Canada?
Across Canada, EI maternity benefits are available for up to 15 weeks.
However, job-protected maternity leave is governed by provincial law and may differ depending on where you work.
In most provinces, maternity leave is followed by parental leave, which allows additional time off to care for a new child.
Is Maternity Leave Paid in Canada?
Employers in Canada are not required to pay employees during maternity leave.
Many employees receive income through Employment Insurance (EI) maternity benefits, which are administered by the federal government.
Some employers may also offer top-up programs, but these are not required by law and depend on your employment contract or workplace policy.
EI Maternity Benefits in Canada (Overview)
EI maternity benefits are designed to provide temporary income support while you are off work due to pregnancy or childbirth.
At a high level:
- EI maternity benefits are paid by the federal government
- Payments are based on a percentage of your earnings, up to a weekly maximum
- Benefits are available for a maximum of 15 weeks
EI benefits and employment-law rights are separate.
You may qualify for one and not the other.
Applying for EI Maternity Benefits
EI maternity benefits are administered by Service Canada.
In general, you must:
- Apply directly through Service Canada
- Meet EI eligibility requirements
- Provide required documentation, such as your Record of Employment (ROE)
EI rules, application steps, and payment amounts are set federally and can change over time.
Maternity Leave vs. Parental Leave in Canada
Maternity leave and parental leave are not the same thing.
| Type of Leave | Who It Applies To |
|---|---|
| Maternity leave | Birth mothers only |
| Parental leave | Either parent |
Maternity leave typically occurs first.
Parental leave allows parents to take additional time off after the birth or adoption of a child.
Job Protection During Maternity Leave
Your right to return to work after maternity leave is governed by provincial employment standards legislation, not EI.
Depending on your province, employers are generally required to:
- Reinstate you to your job, or
- Provide a comparable position with the same pay and benefits
The exact rules — including notice requirements, benefit continuation, and seniority — vary by province.
👉 See your province-specific guide for details:
Can You Be Fired While on Maternity Leave?
An employer can’t terminate an employee because they are pregnant or taking maternity leave.
However, disputes sometimes arise when employees are:
- Terminated shortly before leave
- Terminated during leave
- Returned to a different or inferior role after leave
Common Questions About Maternity Leave in Canada
How long is maternity leave in Canada?
EI maternity benefits are available for up to 15 weeks. Job-protected leave length depends on provincial law.
Is maternity leave the same in every province?
No. Employment-law rules vary by province.
Do I have to qualify for EI to get maternity leave?
EI provides income support. Job-protected leave depends on provincial legislation.
Can maternity leave affect my severance rights?
Taking maternity leave does not eliminate severance rights, but entitlement depends on provincial law and circumstances.
Speak With an Employment Lawyer
If you were:
- Fired before, during, or after maternity leave
- Pressured to return early
- Returned to a different job
- Denied job protection after leave
You may be entitled to severance pay or additional compensation.
Samfiru Tumarkin LLP has helped 50,000+ non-unionized employees across Canada understand and enforce their workplace rights. Our employment lawyers can review your situation and explain your legal options.