Parental Leave in Quebec
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.
- There is a standard 1-week waiting period before EI benefits begin (Employment Insurance Act, s. 13). A temporary waiver of this waiting period ran from March 30, 2025 to April 11, 2026 — that waiver has now expired. The standard 1-week wait applies to claims after April 11, 2026.
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 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 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 Quebec differs from federal law
Quebec is the only Canadian province with its own parental insurance plan. The Quebec Parental Insurance Plan (QPIP), administered by the Conseil de gestion de l'assurance parentale, replaces the federal Employment Insurance (EI) maternity and parental benefits for Quebec workers.
- Maternity benefits (birth mother only): Up to 18 weeks at 70% of average weekly earnings under the basic plan, or 15 weeks at 75% under the special plan.
- Paternity benefits (father or other parent): Up to 5 weeks at 70% under the basic plan, or 3 weeks at 75% under the special plan. This exclusive paternity leave does not exist under the federal EI system.
- Parental benefits (shareable between parents): Up to 32 weeks (7 weeks at 70% + 25 weeks at 55%) under the basic plan, or 25 weeks at 75% under the special plan.
- Adoption benefits: Up to 37 weeks of shared benefits under the basic plan, or 28 weeks under the special plan.
- QPIP is more generous than federal EI benefits: it covers self-employed workers automatically, has a lower qualifying threshold ($2,000 in insurable earnings vs. 600 hours for EI), and generally provides higher replacement rates.
- Quebec employees and employers pay premiums to QPIP instead of the EI maternity/parental portion. Both employees and self-employed workers contribute through payroll deductions or income tax.
- Under the Act respecting labour standards, employees are entitled to unpaid job-protected leave: 18 weeks of maternity leave, 5 weeks of paternity leave, and 65 weeks of parental leave.
Additional Steps in Quebec
Apply for QPIP benefits online at rqap.gouv.qc.ca or by calling 1-888-610-7727. You should apply as soon as you stop working. You will need your Social Insurance Number, employer's name and address, and information about your income. Claims are typically processed within a few weeks.
Relevant Law: Act respecting parental insurance (CQLR c A-29.011); Act respecting labour standards (CQLR c N-1.1), ss. 81.1-81.17
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 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 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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