News & Legal Commentary

family with their baby on maternity leave 2025. Reach out to a employment lawyer for guidance.

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

byLecker & Associates | Maternity & Parental Leave

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

Testimonials from Employees Like You

Posted on Google Google
xi li profile picture
xi li
2026-10-07
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I had a very positive experience with Lecker & Associates throughout my employment matter. Ashley Hussey and Ms. Ponniah were both professional, responsive, knowledgeable, and supportive throughout the process. They explained the process clearly, kept me informed, and handled my matter with care and professionalism. I truly appreciate their hard work and guidance, and I would recommend Lecker & Associates to anyone looking for professional assistance with an employment matter.
Posted on Google Google
Syrrel Cabiling profile picture
Syrrel Cabiling
2026-10-07
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I had the pleasure of being represented by Soniya regarding my employment matters. Soniya, Ashley, and Melissa were prompt, organized, and responsive throughout the process, ensuring that all of my questions and concerns were addressed. I truly appreciated their professionalism, guidance, and commitment to protecting my best interests. I would highly recommend their services.
Posted on Google Google
Uma Seetal profile picture
Uma Seetal
2026-10-03
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I’m extremely grateful for all the help and guidance I received with my employment matter. Matthew Fisher was incredibly knowledgeable, supportive, and genuinely dedicated to fighting for me. They took the time to explain everything clearly, answer all of my questions, and guide me through every step of the process. Eslita was excellent — very responsive, organized, and proactive with communication, which made everything feel smooth and well-managed. I truly appreciate the time, effort, and care that went into my case. I would absolutely recommend Matthew to anyone who needs someone knowledgeable and committed to fighting for their rights.
Posted on Trustindex Trustindex
Joanne Bissonnette profile picture
Joanne Bissonnette
2026-09-25
Trustindex star 1Trustindex star 2Trustindex star 3Trustindex star 4Trustindex star 5Trustindex verifies that the original source of the review is Trustindex.
Awesome Team ⭐⭐⭐⭐⭐ "Thank you so much to Soniya Ponniah and Ashley Hussey at Lecker & Associates. You provided wonderful support, guidance, and clear communication throughout this employment law matter. Your exceptional legal counsel and strategic management led directly to a successful and highly agreeable resolution. I highly recommend your legal services. Thank you again!"
Posted on Google Google
Terrion Linton profile picture
Terrion Linton
2026-09-23
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
⭐⭐⭐⭐⭐ Excellent Employment Law Firm I had an excellent experience working with Lecker & Associates regarding an employment matter. From the beginning, I was treated with professionalism, respect, and genuine care. I would especially like to thank Ms. Soniya Ponniah and Ashley Hussey for their outstanding guidance, communication, and support throughout the entire process. They took the time to answer my questions, kept me well informed, and made sure I understood each step along the way. Their professionalism and attention to detail gave me confidence that my matter was in capable hands. What stood out to me most was how responsive, knowledgeable, and respectful they were. Dealing with an employment matter can be stressful, and having experienced professionals supporting and guiding you makes a significant difference. I am extremely grateful for the service I received and would confidently recommend Lecker & Associates to anyone seeking professional and knowledgeable employment-law assistance. A sincere thank you to Ms. Soniya Ponniah, Ashley Hussey, and the entire Lecker & Associates team for your exceptional service, professionalism, and support.
Posted on Google Google
Moumita Tasmin profile picture
Moumita Tasmin
2026-09-16
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I had a helpful and informative consultation with Nathan Whittingham. He was professional, attentive, and took the time to explain my options clearly. The consultation is a paid service, but I found the guidance valuable and appreciated his time and professionalism.
Posted on Google Google
Conor Quenneville profile picture
Conor Quenneville
2026-09-08
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Mr. Whittingham has incredible to work with regarding my employment matter. I have been thoroughly impressed by his legal knowledge, insight, professionalism and strategy. He’s been instrumental in helping me navigate my issue. Nathan has helped me every step along the way while we traverse the case. Ultimately helping me find a tailored legal solution that best fits my case. I can’t recommend Nathan Whittingham enough along with the rest of the Lecker and Associates team. Thank you for helping me navigate this stressful legal situation.
Posted on Google Google
Faiyaz Ally profile picture
Faiyaz Ally
2026-08-21
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Matthew was very hands-on throughout which is exactly what I expect. The communication was prompt, and professional. Eslita was always available if I had questions or needed to reach Matthew. Highly recommend this team.
Posted on Google Google
XU ZIMING profile picture
XU ZIMING
2026-08-18
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I had the pleasure of speaking with Nathan Whittingham regarding my previous employment experience. He was very helpful and understanding of the issues I am facing, and he provided valuable advice on several related topics. I would be very pleased to have him represent me as my paralegal in the future.
Posted on Google Google
Michael Armstrong profile picture
Michael Armstrong
2026-08-18
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Fifteen years ago, through no fault of my own, I found myself unemployed and facing a severance package. Uncertain about what to do, what my rights were, and under pressure from my employer to sign the agreement, I knew I needed professional help. That’s when I found Lecker and Associates. Their guidance, expertise, and support made all the difference. The results far exceeded my expectations, and I was extremely grateful for the way they handled my case. Fifteen years later, I turned to Lecker and Associates once again and received the same high standard of service and dedication. Once again, the results far exceeded my expectations. Lecker and Associates have earned my utmost respect and comes with my highest recommendation. I would not hesitate to recommend them to anyone who needs knowledgeable, professional, and compassionate legal representation.

Breathe Easy, We’ve Got This

Reputation Matters