Is There Paternity Leave in British Columbia?
British Columbia does not have a separate legal category called “paternity leave.”
Instead, paternity leave in BC refers to parental leave taken by fathers or non-birthing parents under the BC Employment Standards Act (ESA).
In simple terms:
- “Paternity leave” is a commonly used phrase
- Parental leave in BC is the legal right
- Job protection comes from employment law, not EI
What Is Paternity Leave in BC?
In practical terms, paternity leave in British Columbia means:
- A father or non-birthing parent takes parental leave
- Their job is protected while they are away
- They may receive EI parental benefits if eligible
Even if you do not qualify for EI, you may still have the right to job-protected leave under BC law.
Who Can Take Paternity Leave in British Columbia?
Paternity leave (parental leave) in BC is available to:
- Biological fathers
- Same-sex parents
- Non-birthing partners
- Adoptive parents
To qualify:
- You must be an employee
- No minimum length of employment is required in BC
- You must provide proper notice of your leave
How Long Is Paternity Leave in British Columbia?
Eligible employees in British Columbia can take up to 62 weeks of unpaid, job-protected parental leave.
Parental (paternity) leave in BC:
- Is available whether or not maternity leave was taken
- Is a separate entitlement from maternity leave
- Applies equally to both parents
Each parent has their own parental leave entitlement.
When Can Paternity Leave Start in BC?
Paternity leave in BC can begin:
- On the date the child is born, or
- When a child is placed with you for adoption
Parental leave must:
- Be taken in one continuous period
- Begin within 78 weeks of the child’s birth or placement
How Much Notice Do You Have to Give Your Employer?
Employees should give:
- At least 4 weeks’ written notice before starting parental (paternity) leave
If notice is not possible due to circumstances beyond your control, it must be given as soon as practicable.
Is Paternity Leave Paid in British Columbia?
Employers in British Columbia are not required to pay employees during paternity leave.
Some parents receive income through:
- Employment Insurance (EI) parental benefits
- Employer top-up programs (if offered)
EI provides income support only.
The “5 Weeks for Fathers” Rule Explained
You may hear terms like:
- “5 weeks for fathers”
- “daddy days”
- “extra weeks for non-birthing parents”
These terms usually refer to EI parental benefit rules, not BC employment law.
From a legal standpoint:
- BC does not recognize a special paternity leave
- Fathers’ job protection comes from parental leave
- EI rules do not override the ESA
This distinction matters when disputes arise with employers.
Can You Be Fired While on Paternity Leave in BC?
No.
An employer can’t:
- Fire you
- Discipline you
- Demote you
- Penalize you
because you are taking parental (paternity) leave.
Returning to Work After Paternity Leave in British Columbia
When paternity 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:
- Reduce your pay
- Significantly change your duties
- Delay your return
- Punish you for taking leave
Paternity Leave vs. Parental Leave vs. Maternity Leave in BC
| Term | What It Means |
|---|---|
| Maternity leave | Leave for birth mothers only |
| Parental leave | Job-protected leave for either parent |
| Paternity leave | Common term for parental leave taken by fathers |
“Paternity leave” is not a standalone legal entitlement in British Columbia.
Common Questions About Paternity Leave in BC
How long is paternity leave in BC?
Up to 62 weeks, as part of parental leave.
Is there a minimum employment requirement?
No. BC does not require a minimum length of service.
Can both parents take leave at the same time?
Yes. Each parent has their own entitlement.
Does EI determine my job protection?
No. EI provides income support only.
Speak With a BC Employment Lawyer
If your employer has:
- Denied your paternity leave
- Pressured you to return early
- Changed your job after leave
- Fired you before, during, or after paternity leave
You may be entitled to severance pay or additional compensation.
Samfiru Tumarkin LLP has helped 50,000+ non-unionized employees across Canada protect their workplace rights. Our BC employment lawyers can review your situation and explain your legal options.