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Parental leave in Ontario can last much longer than many employees expect, but there is an important distinction between job-protected leave under Ontario’s Employment Standards Act, 2000 (ESA) and paid Employment Insurance (EI) maternity and parental benefits from the federal government.
Under the ESA, parental leave is unpaid. A birth parent who has taken pregnancy leave can generally take up to 61 weeks of parental leave, while other eligible parents can take up to 63 weeks.
Pregnancy leave itself can last up to 17 weeks in most cases. These are individual employment-leave entitlements rather than a single pool that parents divide between themselves.
EI works differently. Eligible parents may receive federal payments while they are away from work, but EI has separate eligibility rules, payment rates and time limits.
In 2026, standard parental EI pays 55% of average insurable weekly earnings up to $729 per week, while extended parental EI pays 33% up to $437 per week.
Anyone planning leave should therefore work out two things separately: how much job-protected time they can take from their employer and how many of those weeks may be covered by EI benefits.
Ontario’s official pregnancy and parental leave guidance confirms these minimum employment standards.
Employees focusing specifically on the birth parent’s pregnancy-related entitlement can also read BusinessIN Canada’s maternity leave in Ontario overview.
Ontario ESA Leave vs EI Parental Benefits
This is the distinction that causes most confusion.
| Rule | Ontario ESA leave | Federal EI benefits |
| Main purpose | Protects the employee’s right to take time away from work | Provides income during eligible periods |
| Paid? | No | Yes, if EI requirements are met |
| Basic employment requirement | Employed for at least 13 weeks before parental leave starts | Generally 600 insured hours in the qualifying period |
| Earnings reduction test | No EI-style earnings test | Regular weekly earnings must fall by more than 40% for at least one week |
| Parental duration | 61 or 63 weeks per eligible employee | Standard: 40 shared weeks; extended: 69 shared weeks |
| Maximum for one parent | 61 or 63 ESA weeks depending on circumstances | Standard: 35 weeks; extended: 61 weeks |
| Can parents share it? | Each eligible parent has their own ESA entitlement | EI parental weeks are shared |
| Can both parents be off together? | Yes | Yes |
| Can the leave be split by returning to the same employer? | Generally no | EI benefit weeks do not have to be consecutive |
| Main authority | Ontario ESA | Federal Employment Insurance Act |
The Ontario government specifically warns employees not to assume that qualifying for ESA leave automatically means that EI will cover the same period.
Who Qualifies for Parental Leave in Ontario?
An employee generally qualifies for ESA parental leave if they work for an employer covered by Ontario’s ESA and have been employed by that employer for at least 13 weeks before the parental leave begins.
They do not have to perform active work throughout those 13 weeks. Time spent on vacation, sick leave, layoff or pregnancy leave can still count because the test is based on how long the employment relationship has existed.
The ESA’s definition of a parent is broader than simply a biological mother or father.
It includes a birth parent, an adoptive parent even where the adoption has not yet been legally finalized, and a person in a relationship of some permanence with the child’s parent who intends to treat the child as their own.
Full-time, part-time, permanent and term-contract employees may therefore qualify. The 13-week rule should not be confused with EI’s separate 600 insured hours requirement.
How Long Is Pregnancy and Parental Leave?
Ontario refers to the leave available to a pregnant employee as pregnancy leave, while the federal EI system uses the expression maternity benefits. They are related but are not the same entitlement.
Most eligible pregnant employees can take up to 17 weeks of pregnancy leave under the ESA. Pregnancy leave can normally begin as early as 17 weeks before the due date.
Special rules can extend or alter the leave where, for example, the employee remains pregnant after completing 17 weeks or experiences a miscarriage or stillbirth.
After pregnancy leave, the birth parent can generally take up to 61 weeks of parental leave. That gives a typical combined entitlement of up to 78 weeks.
A birth parent who does not take pregnancy leave, a father, an adoptive parent or another qualifying parent can generally take up to 63 weeks of parental leave.
Crucially, 63 weeks is not one family allowance that the parents must divide. Each eligible employee has their own ESA parental-leave right.
When Can Parental Leave Start?
A parent who has taken pregnancy leave will ordinarily begin parental leave immediately when pregnancy leave ends.
There is an important exception where the child has not yet come into that parent’s care.
For example, if a newborn remains hospitalized when the pregnancy leave ends, the employee may have additional flexibility about when parental leave begins.
Ontario’s guidance explains that the employee may choose to begin parental leave immediately or return to work and start parental leave later, subject to the statutory timing rules.
For other parents, parental leave must normally begin no later than 78 weeks after the child’s birth or after the child first comes into their custody, care and control.
That means the old idea that parental leave can start “78 weeks before the birth” is incorrect. The 78-week period runs after birth or placement.
The leave only needs to start within that period; the entire 61 or 63 weeks does not necessarily have to be completed before the 78-week point.
How Much Does EI Pay During Parental Leave in 2026?
The ESA itself does not provide paid parental leave. Eligible employees usually look to federal Employment Insurance for income support.
Canada currently offers standard and extended parental EI benefits.
| EI benefit | Maximum parental weeks | Maximum for one parent | Rate | 2026 weekly maximum |
| Standard parental | 40 shared | 35 | 55% | $729 |
| Extended parental | 69 shared | 61 | 33% | $437 |
| Maternity | 15 | 15 | 55% | $729 |
The payment is calculated using insurable earnings, subject to the applicable maximum.
Employees can review BusinessIN Canada’s broader explanation of Employment Insurance in Ontario, while current payment amounts should always be checked against the federal government’s EI maternity and parental benefit calculator and benefit information.
Standard EI Example
Suppose a birth parent qualifies for EI and receives:
15 weeks maternity benefits + 35 weeks standard parental benefits = 50 benefit weeks.
Because standard parental benefits provide up to 40 shared parental weeks but no one parent can receive more than 35, another parent could claim the remaining 5 standard parental weeks, provided they qualify.
This five-week addition is one reason a family’s EI entitlement should not be confused with Ontario’s individual 61- or 63-week ESA leave entitlement.
Extended EI Example
Under the extended option, the birth parent could receive:
15 weeks maternity benefits + 61 weeks extended parental benefits = 76 benefit weeks.
Up to another 8 extended parental weeks could then be available to another eligible parent because the family maximum is 69 parental weeks.
Standard or Extended EI: Choose Carefully
Parents sharing EI parental benefits must select the same option. Parents can receive their parental benefits at the same time or at different times.
Standard parental benefits must generally be taken within 52 weeks of the week of birth or placement for adoption. Extended benefits must generally be taken within 78 weeks.
The choice matters because once a parental-benefit payment has been made under the selected option, the family generally cannot switch from standard to extended benefits or vice versa.
The federal government’s Employment Insurance Benefits Estimator can help parents compare the likely weekly amount under each option before making that decision.
Who Qualifies for EI Maternity or Parental Benefits?
EI eligibility is separate from Ontario ESA eligibility.
For EI maternity or parental benefits, an applicant generally needs 600 hours of insurable employment during the 52 weeks before the claim starts or since the beginning of the previous EI claim, whichever period is shorter.
Their regular weekly earnings from work must also have fallen by more than 40% for at least one week.
Citizenship itself is not a requirement. Canada says a person who is not a Canadian citizen may still qualify if they have a valid Social Insurance Number and otherwise satisfy the EI requirements.
Quebec residents generally receive maternity, paternity, parental and adoption benefits through the Quebec Parental Insurance Plan (QPIP) rather than the federal EI maternity and parental programme.
When Can EI Maternity Benefits Start?
EI maternity benefits are available to the person who is pregnant or has recently given birth and can provide up to 15 weeks of benefits.
They can generally start as early as 12 weeks before the due date or the actual date of birth. This is different from Ontario pregnancy leave, which can normally start up to 17 weeks before the due date.
Keeping those two timelines separate prevents a common planning mistake: the employee’s ESA leave period and the period during which EI can be paid do not necessarily begin or end on identical dates.
Is There Paternity Leave in Ontario?
Ontario’s ESA does not create a separate statutory leave called “paternity leave.”
A father or other qualifying non-birth parent instead uses parental leave. Provided the ESA requirements are met, a father who did not take pregnancy leave can generally take up to 63 weeks of unpaid, job-protected parental leave.
The same distinction applies to pay. Ontario does not provide a separate provincial “paternity pay” benefit. An eligible father or other parent may instead qualify for federal EI parental benefits.
This also means a father does not have to “share” his 63 weeks of Ontario ESA parental leave with the birth mother. The sharing rules apply to EI benefit weeks, not each parent’s ESA leave entitlement.
Can Both Parents Take Parental Leave at the Same Time?
Yes.
Ontario specifically confirms that parental leave is separate for each eligible employee. For example, a birth father can be taking parental leave while the birth mother is taking either pregnancy leave or parental leave.
EI parental benefits may similarly be paid to eligible parents at the same time, although the total number of standard or extended parental benefit weeks available to the family remains subject to the federal limits.
How to Apply for Parental Leave and EI?
The employer-notice process and the EI application are separate. A practical sequence is:
- Work out the ESA leave period. Decide when the Ontario parental leave will start and approximately how many weeks will be taken. A birth parent should also determine how pregnancy leave fits into the timeline.
- Give the employer written notice. Normally, an employee should give at least two weeks’ written notice before parental leave begins. Clearly state the intended start date and number of weeks.
- Choose standard or extended EI. Compare the weekly payment and total period carefully before selecting an option, particularly where benefits will be shared.
- Apply for EI after stopping work. Service Canada recommends applying as soon as possible. Waiting more than four weeks after the last day of work can result in lost benefits.
- Keep ESA and EI dates aligned where possible. A person may be entitled to job-protected leave during weeks when EI is unavailable, so the two timelines should be checked independently.
Changing Your Parental Leave Dates
Ontario provides considerably more flexibility around notice than the previous version of this article suggested.
Employees normally provide at least two weeks’ written notice before starting parental leave.
If a child is born or comes into the employee’s care earlier than expected and the employee stops working unexpectedly, they can generally provide retroactive written notice within two weeks after stopping work.
An employee who has already provided a starting date can generally move the leave to an earlier date by providing new written notice at least two weeks before that earlier date. Similar notice rules apply when postponing the planned start.
Failure to provide the required notice does not automatically eliminate the employee’s statutory right to parental leave.
It is also sensible to state the exact planned number of weeks. If the employee does not specify a shorter leave, the employer is generally entitled to assume that the employee will take the full 61 or 63 weeks.
An employee who later wants to return earlier generally needs to give four weeks’ written notice. Four weeks’ notice also normally applies when changing an already planned end date.
An employee who decides to resign before the leave expires or when it expires generally needs to give at least four weeks’ written notice, subject to the ESA’s exception for constructive dismissal.
Can You Work While on Parental Leave?
The answer depends on whether the question concerns ESA leave or EI benefits.
Under Ontario’s ESA, parental leave generally has to be taken as one continuous period.
Once an employee returns to work for the employer from whom the parental leave was taken, even on a part-time basis, the parental leave ends and the employee cannot later resume the unused portion.
EI is more flexible. Federal parental benefit weeks do not necessarily have to be taken consecutively, although all weeks must fall within the applicable 52- or 78-week eligibility period.
Where someone stops and later resumes EI parental benefits, Service Canada says a new application may be required each time; an existing claim may then be reactivated where appropriate.
Earning money while receiving EI can also affect the amount paid. Recipients must report work and earnings to Service Canada.
This is why “working while on parental leave” should never be treated as one rule: returning to the Ontario employer can end ESA leave even where the EI programme would otherwise permit earnings or non-consecutive benefit weeks.
What Job Protection Do Employees Have?
ESA parental leave is more than permission to remain away from work. Eligible employees receive several statutory protections.
Reinstatement
When parental or pregnancy leave ends, the employer must normally return the employee to the same position held before the leave.
If that position no longer exists, the employee is generally entitled to a comparable position.
The employee must receive at least their previous rate of pay. If the wage attached to the position increased during the leave and the employee would have received that increase had they remained at work, the higher rate generally applies when they return.
Protection From Reprisal
An employer cannot fire, threaten, discipline or otherwise penalize an employee because they took, planned to take, were eligible to take or asked questions about pregnancy or parental leave.
The protection can apply even before the leave actually begins.
Benefit Plans Continue
Employees can generally continue participating in employer benefit plans such as pension, life insurance, accidental death, extended health and dental plans during pregnancy and parental leave.
The employer must normally continue paying its usual share of premiums, provided the employee continues paying any employee contribution required under the plan.
Seniority and Length of Service
Pregnancy and parental leave continue to count toward length of employment, length of service and seniority.
This can matter for benefits based on service, including some vacation entitlements, promotions, layoffs or recall rights under employment contracts and collective agreements.
Probation Is Different
Probation does not operate in the same way. Ontario says the leave period is not counted toward completing a probationary period.
For example, an employee who still had four weeks of probation remaining when parental leave began would ordinarily need to complete those remaining weeks after returning.
Special Parental Leave Situations
| Situation | What generally happens |
| Baby remains in hospital | Ontario parental leave may sometimes start later where the child has not yet come into the parent’s care; EI eligibility periods can also be extended in some hospitalization cases |
| Adoption not finalized | ESA parental leave can cover an adoptive parent even before legal finalization |
| Child not yet legally adoptable | EI may begin once the placement is shown to be intended as permanent and the claimant intends to adopt |
| Surrogate pregnancy | An eligible surrogate can receive EI maternity benefits, but EI parental benefits are not available to the surrogate |
| Twins or other multiple birth | EI maternity and parental benefit weeks do not increase merely because more than one child is born |
| Multiple children adopted together | EI weeks similarly do not increase solely because more than one child is adopted |
| Miscarriage or stillbirth | ESA parental leave is not available, although pregnancy-leave rules may apply; EI parental benefits are not available |
| Pregnancy ends before week 20 | EI sickness benefits may be available where eligibility requirements are met |
| Pregnancy ends in week 20 or later | EI maternity benefits may be available, but parental benefits are not |
| Non-Canadian citizen | EI may still be available with a valid SIN and the other eligibility requirements |
| Canadian Forces member | The EI parental-benefit eligibility period may be extended where imperative military requirements interrupt or delay leave |
Ontario and Service Canada apply detailed rules to these situations, so individual circumstances matter.
The federal government’s EI special-circumstances guidance explains hospitalization, pregnancy loss, surrogacy, adoption and multiple births in more detail.
For Canadian Forces members prevented from taking parental benefits because of an imperative military requirement, the federal eligibility period can in qualifying cases be extended up to 104 weeks.
Are EI Maternity and Parental Benefits Taxable?
Yes. EI payments are generally taxable income.
Federal and provincial or territorial income tax, where applicable, is deducted from EI payments, and maternity and parental benefits are reported through the T4E system for income-tax purposes.
Parents planning a household budget should therefore avoid treating the quoted $729 or $437 weekly maximum as an after-tax figure.
Can an Employer Top Up Parental Leave Pay?
Yes. Some employers provide maternity or parental top-up payments in addition to EI.
Service Canada permits employers to supplement maternity, parental, adoption and certain caregiving benefits.
Where the applicable requirements are satisfied, qualifying top-up amounts are not treated as earnings that reduce the employee’s EI benefit.
The amount and duration of a top-up depend on the employment contract, employer policy or collective agreement. Unionized workplaces in particular may have maternity or parental benefits that are more generous than the statutory minimum.
Employees should therefore check their employment agreement, employee handbook and, where applicable, collective agreement rather than assuming EI is the only source of income during leave.
What Ontario Employers Need to Know?
Employers should keep the ESA leave entitlement separate from EI administration. Whether an employee ultimately receives EI does not determine whether that employee qualifies for job-protected ESA parental leave.
Employers should also avoid treating parental leave as an entitlement only for mothers or only for biological parents. Ontario’s definition covers a broader range of qualifying parents.
An employer generally cannot pressure an employee to return early, penalize them for exercising leave rights or discontinue qualifying benefit-plan contributions merely because the employee is away on pregnancy or parental leave.
Employers offering EI top-ups should also structure and administer the plan correctly so that the payments interact with Employment Insurance as intended.
What If You Work for a Federally Regulated Employer?
Not every employee working in Ontario falls under Ontario’s ESA.
Employees in federally regulated workplaces are generally governed by Part III of the Canada Labour Code for employment standards rather than Ontario’s provincial pregnancy and parental leave provisions.
Federal rules cover areas such as maternity leave, parental leave, notice and combined leave periods separately.
The federal government currently provides up to 17 weeks of maternity leave and up to 63 weeks of parental leave in many individual cases, with additional rules where parents share leave.
FAQs About Parental Leave in Ontario
How long is parental leave in Ontario?
A birth parent who took pregnancy leave can generally take up to 61 weeks of parental leave. Other qualifying parents can generally take up to 63 weeks.
Is parental leave paid in Ontario?
The ESA parental leave itself is unpaid. Eligible parents may separately receive federal EI maternity or parental benefits.
How much does EI parental leave pay in 2026?
Standard parental benefits pay 55% of average insurable weekly earnings up to $729 per week. Extended parental benefits pay 33% up to $437 per week.
How much parental leave can a father take in Ontario?
An eligible father who did not take pregnancy leave can generally take up to 63 weeks of ESA parental leave. This is his own ESA entitlement and is not a 63-week pool shared with the birth mother.
Is there paternity leave in Ontario?
There is no separate ESA entitlement formally called paternity leave. Fathers and other qualifying parents use Ontario’s parental leave provisions.
Can both parents take parental leave at the same time?
Yes. Ontario confirms that both eligible parents may be on leave simultaneously. EI parental benefits can also be taken at the same time, subject to the family’s overall benefit limit.
How many hours do I need for parental leave in Ontario?
The Ontario ESA does not impose a 600-hour requirement. ESA parental leave generally requires at least 13 weeks of employment before the leave starts. The 600 insured hours requirement applies separately to EI maternity and parental benefits.
How much notice must I give my employer?
Ontario normally requires at least two weeks’ written notice before parental leave starts. Different rules can apply where birth or placement happens unexpectedly.
Do I have to take parental leave all at once?
Under Ontario’s ESA, parental leave generally must be one continuous period once it starts. Returning to work for the employer, even part-time, generally ends the leave. EI parental benefit weeks can be more flexible.
Can I change from standard to extended EI later?
Generally no. Once a parental-benefit payment has been made under the selected standard or extended option, the option cannot normally be changed.
Can an employer refuse parental leave?
An employer covered by the ESA generally cannot refuse statutory parental leave where the employee meets the eligibility requirements. The ESA also prohibits reprisals for taking or planning to take the leave.
