Maternity leave in Ontario allows an eligible pregnant employee to take up to 17 weeks of unpaid, job-protected pregnancy leave before and after giving birth, with longer leave available in limited circumstances.
Ontario’s Employment Standards Act officially calls this pregnancy leave. You qualify if your employment began at least 13 weeks before your expected due date. You don’t need to have actually worked for all 13 of those weeks.
Maternity leave protects your time away and your job. EI maternity benefits are separate and can provide up to 15 weeks of income support. Most birth parents then move from pregnancy leave into a separate parental leave.
On This Page:
- 1. Eligibility & Leave Length
- 2. Maternity Leave Pay & EI
- 3. Starting Maternity Leave
- 4. Maternity, Parental & Paternity Leave
- 5. Your Rights During & After Leave
- 6. FAQs
Who Qualifies for Maternity Leave in Ontario?
A pregnant employee qualifies for Ontario pregnancy leave if their employment began at least 13 weeks before the expected due date and their employer is covered by the ESA.
The leave can apply whether you are:
- Full-time
- Part-time
- Permanent
- Working under a fixed-term contract
Do you have to actually work for 13 weeks?
No. The rule is based on when your employment started compared with your due date.
You can still qualify if you were sick, on vacation or otherwise away from active work during part of that period.
How long is maternity leave in Ontario?
Pregnancy leave lasts up to 17 weeks for most employees.
If you use the full 17 weeks but are still pregnant, the leave can continue until the child is born.
Once pregnancy leave starts, it must normally be taken as one continuous period. If you return to work, even part-time, you can lose the right to use the remaining pregnancy-leave weeks.
What happens after a miscarriage or stillbirth?
If a miscarriage or stillbirth occurs within the 17 weeks before the expected due date, pregnancy leave can still apply.
The leave ends on the later of:
- 17 weeks after the pregnancy leave began
- 12 weeks after the miscarriage or stillbirth
Is Maternity Leave Paid in Ontario?
Ontario employers don’t normally have to pay your wages during maternity leave, but eligible employees can receive federal EI maternity benefits.
For claims beginning in 2026, EI maternity benefits provide:
- Up to 15 weeks of benefits
- 55% of average insurable weekly earnings
- A maximum of $729 per week
EI maternity benefits are available only to the person who is pregnant or has recently given birth. They can’t be shared with another parent.
Who qualifies for EI maternity benefits?
You generally need:
- To be pregnant or have recently given birth
- At least 600 insured hours during the qualifying period
- A reduction of more than 40% in your regular weekly earnings for at least one week
Does your employer have to provide a maternity top-up?
No, unless a top-up is part of your employment contract, workplace policy or another binding agreement.
Check any repayment terms before resigning after maternity leave. Some top-up plans require you to return to work for a minimum period.
When Can You Start Maternity Leave in Ontario?
You can normally start pregnancy leave as early as 17 weeks before your expected due date.
The latest it can normally begin is the earlier of:
- Your expected due date
- The date you give birth
Within those limits, you decide when your pregnancy leave starts. Your employer can’t force you onto maternity leave early simply because you are pregnant or need workplace accommodation.
How much notice do you have to give?
You should normally give at least two weeks’ written notice before your pregnancy leave begins.
If your employer asks for it, you must also provide a certificate from an appropriate medical practitioner confirming the expected due date.
If an early birth or pregnancy complication forces you to stop work unexpectedly, you can provide the required notice afterward. Failing to give advance notice does not automatically erase your right to pregnancy leave.
What if pregnancy complications make you unable to work earlier?
You don’t necessarily have to start maternity leave simply because pregnancy is affecting your ability to work.
Depending on your medical needs, you can have rights involving sick leave, disability benefits or workplace accommodation.
Your employer can’t simply push you out of the workplace because pregnancy-related restrictions make your regular duties more difficult.
When should you apply for EI?
Apply for EI maternity benefits as soon as possible after you stop working.
Service Canada warns that waiting more than four weeks after your last day of work can result in lost benefits.
What Is the Difference Between Maternity, Parental and Paternity Leave?
Maternity leave is pregnancy leave for the pregnant employee. Parental leave is a separate leave available to eligible new parents after birth or adoption.
A birth parent who takes pregnancy leave can normally follow it with up to 61 weeks of parental leave.
That is why what people commonly call “12-month” or “18-month maternity leave” is usually a combination of pregnancy leave and parental leave rather than maternity leave alone.
For the full rules on length, eligibility, timing and EI parental benefits, see Parental Leave Ontario.
What is paternity leave in Ontario?
Ontario doesn’t have a separate statutory leave called paternity leave.
Fathers and other non-birthing parents use parental leave. See our dedicated Paternity Leave Ontario guide for the rules that apply to fathers and non-birthing parents.
What Are Your Rights During and After Maternity Leave?
Taking maternity leave does not end your employment, and your employer can’t punish you because you are pregnant or use protected leave.
While you are away:
- Your length of employment, service and seniority continue
- You can continue participating in specified benefit plans
- Your employer must continue its required benefit contributions if you continue yours
- You remain protected against pregnancy and leave-related discrimination
Do you get your job back after maternity leave?
Yes. Your employer must normally return you to the position you held before the leave or a comparable position if your old job genuinely no longer exists.
Your pay must be at least as high as it was before the leave, including wage increases you would have received if you had remained at work.
For problems involving a changed job, reduced hours, lower pay or a maternity-leave replacement, see our guide to returning to work after maternity leave.
Can you be fired during maternity leave?
Your employer can’t fire you because you are pregnant, because you took maternity leave or because it would prefer that you return sooner.
A genuine termination for a reason completely unrelated to your pregnancy or leave can still occur. But the timing and real reason for the decision matter.
If your employer tells you your job is gone during the leave, see Fired During Maternity Leave Ontario for the detailed termination, discrimination and severance rules.
Can you return early?
Yes, but you normally need to give at least four weeks’ written notice if you want to move your return date earlier.
Your employer can’t force you to return before your protected leave ends.
What if you decide not to return?
If you decide to resign before or at the end of pregnancy leave, Ontario normally requires at least four weeks’ written notice.
Don’t resign first if the reason you don’t want to return is that your employer has changed your job, cut your pay, reduced your hours or refused to reinstate you. Those circumstances can raise constructive dismissal and severance issues.
Maternity Leave Ontario FAQs
How long is maternity leave in Ontario?
Pregnancy leave is up to 17 weeks for most eligible employees, with longer leave possible in limited circumstances.
Can you take 18 months of maternity leave?
What people call 18-month maternity leave is usually pregnancy leave followed by parental leave. A birth parent who takes pregnancy leave can generally combine up to 17 weeks of pregnancy leave with up to 61 weeks of parental leave.
How much does EI maternity leave pay in 2026?
EI maternity benefits pay 55% of average insurable weekly earnings, up to $729 per week in 2026, for a maximum of 15 weeks.
Do you need 600 hours for maternity leave?
No. The 600-hour requirement applies to EI maternity benefits, not Ontario’s ESA pregnancy-leave entitlement.
Can my employer choose when I start maternity leave?
No. Within the ESA’s permitted timeframe, the decision about when to begin pregnancy leave belongs to you.
Can my employer replace me while I’m on maternity leave?
Your employer can arrange coverage while you are away, but it can’t avoid your reinstatement rights simply because it prefers your replacement.
Can I be fired for taking maternity leave?
No. Your employer can’t punish or terminate you because you are pregnant, plan to take maternity leave or properly exercise your protected leave rights.
Maternity leave protects your employment while you are away because of pregnancy and childbirth. Keep the employment-law leave, EI benefits and parental-leave rules separate so that you don’t accidentally shorten your job-protected time away.
Samfiru Tumarkin LLP advises non-unionized Ontario employees dealing with denied maternity leave, pregnancy discrimination, accommodation problems, return-to-work changes and termination during or after leave. We often secure full severance packages, which can be as much as 24 months’ pay.