Parental Leave in Ontario
Reviewed by the Commoner Law Editorial Team. Sourced from Canadian federal statutes and official sources. Provincial information reflects each province's own legislation and court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Job protection under the Canada Labour Code:
- Maternity leave: up to 17 weeks
- Parental leave: up to 63 weeks
- Maximum combined: 78 weeks (or 86 weeks if leave is shared between parents)
- No minimum service requirement — you're protected from your first day on the job.
Employment Insurance (EI) benefits:
- Maternity: 55% of your earnings for up to 15 weeks (subject to an annual maximum — check Service Canada for the current weekly cap).
- Parental (standard option): 55% of earnings for up to 40 weeks, shared between parents.
- Parental (extended option): 33% of earnings for up to 69 weeks.
- You need 600 insurable hours to qualify for EI.
- The EI one-week waiting period has been eliminated — benefits now start from the first week.
When does it apply?
- Job protection applies from day one in a federally regulated workplace — no minimum service needed.
- EI benefits require 600 insurable hours in the past 52 weeks.
- Quebec residents: The Quebec Parental Insurance Plan (QPIP) replaces EI for parental benefits with different rules and rates.
What should you do?
- Give your employer at least 4 weeks' written notice before your leave starts.
- Apply for EI through Service Canada as soon as possible — don't wait.
- Keep all correspondence about your leave in writing (email is fine).
What should you NOT do?
- Don't forget to give written notice — verbal notice is not enough.
- Don't delay your EI application — late applications can mean lost benefits.
- Don't switch between standard and extended parental benefits once you've started receiving them — the choice is final.
- Don't assume your employer can demote you during leave. You have the right to return to the same or an equivalent position.
How Ontario differs from federal law
Ontario's Employment Standards Act, 2000 provides job-protected pregnancy and parental leave that is longer than the federal minimum under the Canada Labour Code.
- Pregnancy leave: Up to 17 weeks of unpaid, job-protected leave for the birth parent. You must have been employed for at least 13 weeks. Leave can start up to 17 weeks before the due date.
- Parental leave: Up to 61 weeks of unpaid, job-protected leave if you took pregnancy leave (or up to 63 weeks if you did not). This applies to birth parents, adoptive parents, and those in a relationship of some permanence with a parent.
- Your employer must hold your job (or a comparable one) while you are on leave and cannot penalize you for taking leave.
- Income replacement comes from federal Employment Insurance (EI), not your employer, unless your employer offers a top-up. EI maternity benefits are 15 weeks at 55% of earnings (up to the insurable maximum). EI parental benefits offer either the standard option (up to 40 weeks at 55%) or the extended option (up to 69 weeks at 33%).
- Ontario has no mandatory requirement for employers to provide paid pregnancy or parental leave — the province provides the job protection, while the federal EI program provides the income support.
Additional Steps in Ontario
Give your employer 2 weeks' written notice before starting pregnancy or parental leave (or as soon as possible if an emergency). Apply for EI benefits through Service Canada (canada.ca/ei) as soon as you stop working. If your employer refuses to hold your job or fires you for taking leave, file an ESA complaint with the Ministry of Labour (1-800-531-5551).
Relevant Law: Employment Standards Act, 2000, S.O. 2000, c. 41, ss. 46–49.7 (Pregnancy and Parental Leave); Employment Insurance Act, S.C. 1996, c. 23
Common Questions
When does parental leave apply?
Job protection applies from day one in a federally regulated workplace — no minimum service needed.EI benefits require 600 insurable hours in the past 52 weeks.Quebec residents: The Quebec Parental Insurance Plan (QPIP) replaces EI for parental benefits with different rules and rates.
What should I do about parental leave?
Give your employer at least 4 weeks' written notice before your leave starts.Apply for EI through Service Canada as soon as possible — don't wait.Keep all correspondence about your leave in writing (email is fine).
What mistakes should I avoid with parental leave?
Don't forget to give written notice — verbal notice is not enough.Don't delay your EI application — late applications can mean lost benefits.Don't switch between standard and extended parental benefits once you've started receiving them — the choice is final.Don't assume your employer can demote you during leave. You have the right to return to the same or an equivalent position.
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