What Is Maternity Leave in Ontario?
Maternity leave in Ontario is a job-protected leave of absence under the Employment Standards Act (ESA). It allows eligible birth mothers to take time off work due to pregnancy or childbirth without losing their job.
Maternity leave in Ontario involves two separate systems:
- Ontario employment law — protects your job
- Employment Insurance (EI) — may provide income while you’re off
Your employer does not decide whether you qualify for maternity leave. If you meet the legal requirements, your job must be protected.
How Long Is Maternity Leave in Ontario?
Under Ontario law, eligible employees can take:
- Up to 17 weeks of unpaid, job-protected maternity leave
Key points:
- Leave can start up to 17 weeks before your due date
- It must begin no later than the date of birth
- You are entitled to the full 17 weeks, even if the baby is born early or late
Maternity leave is separate from parental leave, which can be taken afterward.
Who Is Eligible for Maternity Leave in Ontario?
You qualify for maternity leave under Ontario’s ESA if:
- You are an employee (full-time, part-time, or contract)
- You are pregnant or have recently given birth
- You provide your employer with at least two weeks’ written notice
There is no minimum length of employment or minimum number of hours required for job-protected maternity leave in Ontario.
Even if you don’t qualify for EI payments, you may still be entitled to maternity leave under Ontario law.
Do You Get Paid During Maternity Leave in Ontario?
Ontario employers are not required to pay employees during maternity leave.
Most eligible employees receive income through Employment Insurance (EI), which is a federal program — not part of Ontario employment law.
Important to know:
- EI benefits and job-protected leave are not the same
- You can qualify for one without the other
- EI rules are set by the federal government, not your employer
Some employers offer a top-up, but this is optional and depends on your employment contract or workplace policy.
Can You Be Fired While on Maternity Leave in Ontario?
No.
It is illegal for an employer to fire, discipline, or penalize an employee because they are taking maternity leave.
This includes:
- Termination
- Demotion
- Reduced hours
- Loss of seniority
- Retaliation before or after leave
If you are fired shortly before, during, or after maternity leave, it may amount to wrongful dismissal, human rights discrimination, or both.
Does Maternity Leave Count Toward Seniority and Benefits?
Yes. While you are on maternity leave:
- Your employment continues
- Your seniority continues
- Your length of service continues
Employers must also continue certain benefits during maternity leave, unless you choose not to maintain them.
Returning to Work After Maternity Leave
When your maternity leave ends, your employer must return you to:
- The same job, or
- A comparable position with the same pay and benefits
Your employer can’t:
- Downgrade your role
- Cut your pay
- Significantly change your duties
- Delay your return without a legitimate reason
These are some of the most common maternity-leave violations in Ontario.
What If Your Employer Changes Your Job or Refuses Your Return?
If your employer:
- Refuses to reinstate you
- Forces you into a lesser role
- Reduces your compensation
- Pressures you to resign
You may have a claim for:
- Constructive dismissal in Ontario
- Wrongful dismissal
- Human rights violations
You do not have to accept illegal changes just to keep your job.
Maternity Leave vs. Parental Leave in Ontario
Maternity leave and parental leave are not the same.
- Maternity leave is only for birth mothers
- Parental leave is available to either parent, including fathers and adoptive parents
Many birth mothers take maternity leave first, followed by parental leave.
Common Questions About Maternity Leave in Ontario
How long is maternity leave in Ontario?
Up to 17 weeks of unpaid, job-protected leave under the ESA.
Do I still qualify if I don’t get EI?
Yes. EI eligibility does not determine your right to maternity leave under Ontario law.
When do I have to tell my employer?
You must give at least two weeks’ written notice before starting maternity leave.
Can my employer replace me while I’m on leave?
Your employer may hire temporary coverage, but your job must be protected.
Speak With an Ontario Employment Lawyer
If your employer has:
- Denied your maternity leave
- Changed your job while you were away
- Pressured you to resign
- Fired you before, during, or after maternity leave
You may be entitled to severance pay and additional compensation.
Samfiru Tumarkin LLP has helped 50,000+ non-unionized employees across Ontario enforce their workplace rights. Our employment lawyers can review your situation and explain your legal options — with no upfront cost in most cases.