Parental Leave — Ontario
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?
Two systems run in parallel: the Code protects your job, and EI replaces part of your income. They aren't the same thing and the rules don't overlap perfectly.
Job protection under the Canada Labour Code:
- Maternity leave: up to 17 weeks
- Parental leave: up to 63 weeks
- Maximum combined: 78 weeks (86 weeks if shared between parents)
- No minimum service requirement — you're protected from day one.
Employment Insurance (EI) benefits:
- Maternity: 55% of earnings for up to 15 weeks, capped at the annual maximum insurable earnings — check Service Canada for the current weekly cap.
- Parental (standard option): 55% for up to 40 weeks, shareable between parents.
- Parental (extended option): 33% for up to 69 weeks.
- 600 insurable hours in the qualifying window to be eligible.
- The standard 1-week waiting period under s. 13 of the EI Act is back in force. A temporary waiver ran from March 30, 2025 to April 11, 2026; for any claim filed after April 11, 2026, you wait the week.
When does it apply?
- Job protection attaches from day one in a federally regulated workplace.
- EI requires 600 insurable hours in the prior 52 weeks.
- Quebec residents: the Quebec Parental Insurance Plan (QPIP) replaces EI for parental benefits, with its own rules, rates, and weekly maxima.
What to Do If Your Employer Is Threatening Your Job While You're on Parental Leave in Canada
- Give your employer at least 4 weeks' written notice before your leave starts.
- Apply for EI through Service Canada as soon as you stop work — late applications cost you.
- Keep every piece of correspondence about your leave in writing — email counts and is easier to find later.
What should you NOT do?
- Verbal notice doesn't cut it. Put it in writing or your employer can plead surprise.
- Don't sit on the EI application. Benefits don't backdate to fill in the weeks you waited.
- Don't try to switch between standard and extended mid-claim — the choice is final once payments start.
- Don't accept a quiet demotion on return. The Code entitles you to your same position or an equivalent one — same pay, same status.
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.
- Long-Term Illness Leave (ESA s. 49.8) — in force 19 June 2025: the Working for Workers Six Act, 2024 (SO 2024, c 41, Bill 229) introduced a new ESA s. 49.8 entitling employees with at least 13 consecutive weeks of service to up to 27 weeks of unpaid, job-protected leave in any 52-week period where a qualified health practitioner certifies a serious medical condition. This aligns provincial job protection with federal EI sickness benefits (also 27 weeks).
- Sick-note ban (ESA s. 50(6.1)) — in force 28 October 2024: under the Working for Workers Five Act, 2024 (SO 2024, c 19, Bill 190), Ontario employers cannot require a doctor's note as evidence for the 3-day unpaid ESA sick leave. Employers may still ask for other reasonable evidence, but a certificate from a physician, registered nurse, or psychologist cannot be demanded for the ESA sick-leave entitlement.
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
What is the parental leave right in Canada?
Two systems run in parallel: the Code protects your job, and EI replaces part of your income. They aren't the same thing and the rules don't overlap perfectly.Job protection under the Canada Labour Code:Maternity leave: up to 17 weeksParental leave: up to 63 weeksMaximum combined: 78 weeks (86 weeks if shared between parents)No minimum service requirement — you're protected from day one.Employment Insurance (EI) benefits:Maternity: 55% of earnings for up to 15 weeks, capped at the annual maximum insurable earnings — check Service Canada for the current weekly cap.Parental (standard option): 55...
When does parental leave apply?
Job protection attaches from day one in a federally regulated workplace.EI requires 600 insurable hours in the prior 52 weeks.Quebec residents: the Quebec Parental Insurance Plan (QPIP) replaces EI for parental benefits, with its own rules, rates, and weekly maxima.
What should I do if my Canadian employer is not respecting my parental leave rights?
Give your employer at least 4 weeks' written notice before your leave starts.Apply for EI through Service Canada as soon as you stop work — late applications cost you.Keep every piece of correspondence about your leave in writing — email counts and is easier to find later.
What mistakes should I avoid with parental leave?
Verbal notice doesn't cut it. Put it in writing or your employer can plead surprise.Don't sit on the EI application. Benefits don't backdate to fill in the weeks you waited.Don't try to switch between standard and extended mid-claim — the choice is final once payments start.Don't accept a quiet demotion on return. The Code entitles you to your same position or an equivalent one — same pay, same status.
Parental Leave in other states
Same topic, different jurisdiction. Pick the one that applies to you.