Maternity Leave in Ontario: What Employees Need to Know in 2025

Welcoming a new baby into your family is an exciting and emotional time, but it can also bring a considerable amount of stress as well. The last thing you should have to worry about is your job security and financial stability. That’s why understanding your rights when it comes to maternity leave, parental leave, and Employment Insurance (EI) benefits is so important. Being informed helps you feel prepared, supported, and protected throughout this major transition.

At Lecker & Associates, we know that navigating maternity leave can feel overwhelming, especially when you’re trying to balance your workplace obligations with your legal rights and entitlements. As Ontario employment lawyers, we are committed to empowering employees and ensuring that their rights are protected through every step of the process.

Understanding Maternity Leave in Ontario

Under Ontario’s Employment Standards Act (ESA), pregnant employees are entitled to take 17 weeks of unpaid maternity leave, also sometimes called “pregnancy leave”. This time off work allows birthmothers to recover from pregnancy and childbirth while protecting their jobs until they return to work.

Employer Obligations

Ontario law places specific and wide-ranging responsibilities on employers to protect employees during maternity leave. Your employer must:

• Grant your leave request, as long as it meets the requirements set out by the ESA
• Guarantee your original position or a comparable role upon your return
• Maintain your benefits and seniority throughout your leave
• Avoid any form of retaliation towards you for taking leave, including discrimination, harassment, or negative treatment related to your pregnancy or leave

It is against the law for employers to penalize, discipline, or terminate someone for taking maternity leave. Any attempt to cut benefits, reduce hours, wholly change your role, or end your employment because of your leave may amount to a violation of the ESA, wrongful dismissal, or reprisal, which means you may be entitled to severance pay, further compensation, or additional legal remedies.

Our expert level employment lawyers have successfully represented employees facing similar challenges for many years.

Who Qualifies for Maternity Leave

To qualify for maternity leave in Ontario, you must:

• Be employed in Ontario
• Be pregnant, or have recently given birth
• Have started employment with your employer
• Provide written notice of your leave at least two weeks in advance

Maternity leave is only available to people who are pregnant, which excludes adoptive parents and partners that did not carry the pregnancy. For adoptive parents and partners who weren’t pregnant, parental leave exists. This leave is separate from maternity leave but allows new parents time to bond with, and care for, their new baby. Birthmothers can apply for both maternity leave as well as parental leave. Knowing these distinctions ensures that you receive the full scope of your legal entitlements.

Start Dates and Duration

When you take maternity leave in Ontario, there is some flexibility in when it begins:

• You may start your leave as early as 17 weeks before your due date
• Your leave must start no later than the day your baby is born
• You are entitled to the full 17 weeks, even if your baby arrives earlier or later than anticipated

You may decide to take a shorter leave if you like. However, once you begin your maternity leave, you must complete it in full. You cannot take a portion of the leave, return to work, then go back on leave to complete the remainder.

It is important to know, your employer cannot pressure or require you to return to work early. Your right to the full leave is protected by law.

Pregnancy’s Effect on Severance

While maternity leave itself is unpaid in Ontario, most employees are eligible for Employment Insurance (EI) maternity benefits, which provide financial support during the leave period.

As of 2025, EI maternity benefits cover 55% of your average weekly earnings, up to a maximum of $695 per week. These benefits can help bridge the financial gap while you recover from childbirth and adjust to life with a new baby.

Miscarriages and Stillbirths

The loss of a pregnancy is deeply painful, and it’s important to know that Ontario law still protects your rights during this time. If you experience a miscarriage or stillbirth within 17 weeks of your expected due date, you are still entitled to maternity leave.

In these circumstances, the length of your leave depends on when the loss occurs.

• If the pregnancy is lost before you start maternity leave, you are entitled to 12 weeks of leave from the date of the miscarriage or stillbirth.
• If you have already begun your maternity leave when you experience the loss, you are entitled to the longer of either:
  • 12 weeks from the date of the loss, or
  • 17 weeks total from the date your leave first began

These protections ensure you have time away from work to recover physically and emotionally without worrying about job security.

Common Challenges Employees Face

Even with strong legal protections in place, employees can still face difficulties before, during, or after maternity leave. Some of the most common challenges include:

• Pressure to return to work early
• Denial of maternity leave or benefits
• Employers applying policies incorrectly
• Harassment or discrimination related to pregnancy or taking leave
• Threats of termination, demotion, or negative changes to your role

A water-shed decision occurred in Nahum v. Honeycomb Hospitality Inc., 2021 ONSC 1455 where Ms. Nahum was 5 months pregnant and had only worked for her employer for 4.5 months when she was terminated without cause. Even though she was only 28 years old, educated, and possessed skills that would have made it easy to find employment elsewhere, she was unsuccessful in her pursuit of new work.

While her employer insisted that two months’ notice was more than generous, Nahum argued that her pregnancy affected her ability to secure a new position because of the difficulty mothers face upon re-entering the labour market. The court found that her pregnancy could make it difficult to find new employment because employers would be reluctant to hire someone who would soon require leave, and as such, granted her 5 months’ notice. In wrongful dismissal law, this is an incredible win for a short tenured employee.

If you are pregnant and face termination, it’s important to know that pregnancy can affect your legal entitlements. Even if you haven’t worked at your position for very long, courts will consider the unique challenges pregnant women face when looking for employment. This means you may be entitled to additional consideration than what your employer decides is “fair.”

At Lecker & Associates, our Toronto workplace lawyers specialize in helping employees manage these issues, understand their rights, and take action when employers fail to follow the law. We are committed to ensuring you receive the treatment and job protection you’re entitled to.

How Lecker & Associates Can Help

If you are navigating maternity leave in Ontario, our team is here to support you through every part of the process. We provide:

• Clear legal guidance on your rights and obligations
• Representation in disputes involving maternity leave entitlements, pregnancy-related discrimination, or workplace harassment
• Advocacy in wrongful dismissal or constructive dismissal cases connected to pregnancy or maternity leave

With over 40 years of experience, our Ontario employment lawyers are dedicated to protecting employees and holding employers accountable. When it comes to maternity leave, your rights are non-negotiable, and we are here to make sure they are fully respected.

Key Takeaways

Maternity leave in Ontario is a crucial protection for employees preparing for the arrival of a child. You have sacred, legally enshrined rights before, during and after your anticipated maternity leave. You must come back to your job, a similar one and have your compensation remain in place.

Our expert legal team can guide you through every aspect of maternity leave, from understanding your entitlements to addressing any workplace disputes that arise.

Contact us today to learn more about maternity leaves and ensure your rights are being respected. Book a no-charge initial assessment with Lecker & Associates or call 416-223-5391