Becoming a parent is one of life’s most transformative experiences. Whether you’re preparing to welcome a newborn or adopting a child, understanding your rights to maternity, parental, and paternity leave in Ontario can help you focus on your growing family without unnecessary stress. These leaves give you the time and job security you need to bond with your child and adjust to this new chapter in life.
At Samfiru Tumarkin LLP, we’re here to guide you through these important legal protections and ensure you’re fully informed about your entitlements.
What are Maternity, Parental, and Paternity Leaves?
In Ontario, employees have the legal right to take time off work after the birth or adoption of a child. These leaves are protected under the Employment Standards Act (ESA) and supported by Employment Insurance (EI) benefits from the federal government. Here’s what each leave means:
- Maternity Leave (Pregnancy Leave): Specifically for biological mothers, this leave allows up to 17 weeks of unpaid, job-protected time off. It can begin as early as 17 weeks before the baby’s due date. This is often referred to as “maternity leave,” though the ESA uses the term “pregnancy leave.”
- Parental Leave: Available to both parents, including birth mothers (after pregnancy leave ends), adoptive parents, and non-birth parents, to care for a new child. Birth mothers can take up to 61 weeks, while other parents can take up to 63 weeks of parental leave.
- Paternity Leave: Refers to leave taken by fathers or non-birth parents after the birth or adoption of a child. In Ontario, this is part of parental leave under the ESA.
How long are Maternity, Parental, and Paternity Leaves in Ontario?
- Maternity Leave (Pregnancy Leave): Biological mothers are entitled to up to 17 weeks of unpaid, job-protected leave. This leave can begin up to 17 weeks before the baby’s due date and is intended to cover the period before and immediately after childbirth. If a pregnancy ends in a miscarriage or stillbirth within the 17-week period before the due date, the mother is still eligible for the remainder of the pregnancy leave.
- Parental Leave:
- Birth mothers: Can take up to 61 weeks of parental leave after their pregnancy leave ends, for a total of 78 weeks of combined leave.
- Other parents (fathers, adoptive parents, non-birth parents): Can take up to 63 weeks of parental leave to care for their new child. Parental leave must begin no later than 78 weeks after the child’s birth or adoption.
- Paternity Leave: While there is no separate “paternity leave” under Ontario law, fathers and non-birth parents can take parental leave for up to 63 weeks to bond with their child and support their family.
How does Maternity Leave work in Ontario?
Eligibility for Maternity Leave
To qualify for maternity leave, employees must:
- Have worked for their employer for at least 13 weeks before the baby’s expected due date.
- Provide their employer with at least two weeks’ written notice before starting their leave.
💡 Important Note: Even if you are a part-time or contract employee, you are still entitled to maternity leave as long as the above conditions are met.
Is Maternity Leave paid?
Employers are not required to pay wages during maternity or parental leave. However, employees can apply for EI maternity benefits through the federal government.
| Benefit Type | Income Replacement | Duration | Weekly Cap |
|---|---|---|---|
| EI Maternity Benefits | 55% of earnings | Up to 15 weeks | $695 |
| Standard Parental Benefits | 55% of earnings | Up to 40 weeks (35 weeks max for one parent) | $695 |
| Extended Parental Benefits | 33% of earnings | Up to 69 weeks (61 weeks max for one parent) | $417 |
Tax Implications for Maternity Leave
- EI Maternity Benefits Are Taxable: Income tax is deducted at the source when you receive your EI payments.
- Tax Deductions: The exact amount deducted will depend on your overall income and tax situation.
How to apply for Maternity and Parental benefits in Ontario
Follow these steps to apply for EI maternity or parental benefits:
- Notify Your Employer: Provide written notice at least two weeks before starting your leave. Include your expected start and return dates.
- Gather Required Documents: Obtain your Record of Employment (ROE) from your employer.
- Apply for EI Benefits: Submit your application online through the Government of Canada’s EI Benefits Portal.
- Choose Your Benefit Type: Decide whether to apply for standard or extended parental benefits. Both parents must select the same type if sharing.
Note: Benefits are typically processed within 28 days of application.
What Happens to Your Job During Maternity Leave?
Job protection during leave
Your employer is required to:
- Hold Your Job: Your position (or a comparable role) must be available when you return from leave.
- Maintain Seniority and Benefits: Your seniority and benefits must continue to accumulate during your leave.
Returning to work after Maternity Leave
When you return to work from maternity or parental leave in Ontario:
- You are entitled to the same job, pay, hours, benefits, and responsibilities you had before your leave.
- If your original job no longer exists, your employer must offer you a comparable position with similar wages, location, and benefits.
Changes to Your Job
It is illegal for an employer to make significant changes to your job without your consent. Examples of unacceptable changes include:
- Pay cuts or commission reductions
- Reduced hours or duties
- Demotions
- Changes in work location
If these occur, you may be eligible to claim constructive dismissal through an employment lawyer. Contact Samfiru Tumarkin LLP to secure a severance package of up to 24 months’ pay.
Can you be fired while on Maternity Leave?
Your employer can fire you any reason, so long as it is not discriminatory and you are paid proper severance. However, it is illegal for an employer to terminate or penalize you because of your maternity leave. If this happens, you may:
- Be entitled to severance pay in Ontario
- Have grounds for a wrongful dismissal claim
For more information, read our blog about your rights if you’re fired while on maternity or parental leave in Ontario.
Frequently Asked Questions
How much is Maternity Leave pay in Ontario?
EI maternity benefits provide 55% of your average insurable earnings, up to $695 per week. Parental benefits follow similar structures but depend on whether you choose standard or extended benefits.
Can fathers take Parental Leave in Ontario?
Yes. Fathers and non-birth partners can take up to 63 weeks of parental leave. They may also apply for EI parental benefits during this time.
What are Daddy Days in Ontario?
The “daddy days” refer to an additional five weeks of EI parental benefits offered when both parents share the leave. This encourages fathers to take parental leave.
Can an employee change the end date of their leave?
Yes. Employees can adjust their return date with written notice provided at least four weeks in advance.
Are EI benefits available for self-employed parents?
Yes. Self-employed individuals can register for special EI benefits to access maternity and parental benefits. These benefits provide up to 55% of their earnings, capped at $695 per week. Maternity leave benefits last for up to 15 weeks, while parental leave benefits extend up to 40 weeks (standard) or 69 weeks (extended).
To qualify, self-employed individuals must:
- Be Canadian citizens or permanent residents.
- Be registered in the self-employed EI program for at least 12 months.
- Have reduced their work time by over 40% for at least one week due to pregnancy or caring for a child.
- Have earned a minimum income in the previous calendar year (e.g., $5,289 for certain years).
Self-employed parents must meet all eligibility criteria for the specific benefit they are applying for.
Can I change the end date of my pregnancy leave?
Yes. Employees can change the end date of their pregnancy leave by providing at least four weeks’ written notice. For an earlier return, the notice must be given before the new end date. For a later return, the employer’s consent is required if it exceeds the legally allowed leave period.
Can you work while on Maternity Leave?
You may work part-time while receiving EI maternity benefits. However:
- Any earnings must be reported to Service Canada.
- A portion of your earnings may be deducted from your EI payments.
Can I be penalized for taking Mat Leave?
No. Employers are prohibited from demoting, reducing pay, or taking punitive action against employees for taking maternity leave. Such actions are considered human rights violations. If this happens, contact Samfiru Tumarkin LLP for assistance.
Do I get top-up benefits?
Some employers offer top-up benefits to supplement EI payments, providing partial or full salary during leave. Learn more about this in our Maternity Leave Top-up blog.
How we can help
At Samfiru Tumarkin LLP, we’ve helped over 50,000 clients secure fair severance packages—recovering millions of dollars for non-unionized employees across Canada.
With extensive experience representing workers in roles at small businesses and large organizations across various industries, our team provides the expertise you need to navigate your layoff effectively.
We specialize in assisting employees in Ontario, Alberta, and British Columbia—ensuring their rights are fully protected.
In addition to employment law, our firm handles disability claims and personal injury cases.
Get expert help today!
At Samfiru Tumarkin LLP, we’re here to protect your rights and secure the compensation you deserve. Call us now at 1-855-821-5900 or request a consultation online to get started.