Maternity Leave Ontario Guide 2026: EI Benefits, Job Protection and Employee Rights
Preparing for a new baby should not include uncertainty about whether your job will still be there when you return. Understanding job-protected leave and Employment Insurance benefits can help you plan your maternity leave entitlements in Ontario with greater confidence.
How Long Is Maternity and Parental Leave in Ontario?
Under Ontario’s Employment Standards Act 2000, eligible pregnant employees can take up to 17 weeks of unpaid pregnancy leave, commonly called maternity leave. To qualify, your employment must have started at least 13 weeks before your expected due date.
Pregnancy leave can generally begin up to 17 weeks before the due date. Employees should provide their employer with at least two weeks’ written notice before starting the leave.
Pregnancy leave is only available to the employee who is pregnant. However, parental leave is available to birth parents, fathers, non-birthing parents and adoptive parents. A birth parent who takes pregnancy leave may take up to 61 weeks of parental leave. A parent who does not take pregnancy leave may qualify for up to 63 weeks.
Ontario does not provide a separate employment leave specifically called “paternity leave.” Fathers and other non-birthing parents take parental leave. Eligible adoptive parents can also begin parental leave when the child first comes into their care, custody and control.
EI Benefits for Birth, Non-Birthing and Adoptive Parents
Job-protected leave under Ontario law is generally unpaid. Eligible parents may receive federal EI benefits while away from work, or a top-up from their employer if this benefit is offered.
EI maternity benefits are only available to the person who is pregnant or has recently given birth. In 2026, these benefits provide up to 15 weeks of payments at 55% of average insurable weekly earnings, to a maximum of $729 per week.
EI parental benefits are available to birth parents, non-birthing parents and adoptive parents. Parents may choose between:
- Standard parental benefits: Up to 40 weeks shared between parents at 55% of average insurable weekly earnings, to a maximum of $729 per week. One parent cannot receive more than 35 weeks.
- Extended parental benefits: Up to 69 weeks shared between parents at 33% of average insurable weekly earnings, to a maximum of $437 per week. One parent cannot receive more than 61 weeks.
Parents may receive their benefits at the same time or one after another. When benefits are shared, each parent must submit a separate application and select the same option. Once parental benefits have been paid, parents generally cannot switch between the standard and extended options.
Job Protection Applies to All Eligible Parents
The job protections associated with maternity leave that Ontario employees rely on also apply to eligible employees taking parental leave after a birth or adoption.
When your leave ends, your employer must generally return you to the position you held before the leave. If that position no longer exists, you should be offered a comparable position. Your seniority and length of service continue to accumulate when you are on leave and once you return to work.
Your employer cannot penalize, discipline or terminate you because you are pregnant, taking parental leave, adopting a child or exercising your employment rights. These protections apply regardless of whether you are the birth parent, father, non-birthing parent or adoptive parent.
Employer Obligations When You Return
Your employer cannot use your absence as a reason to reduce your pay, responsibilities or career opportunities upon your return from a maternity or parental leave.
A legitimate workplace restructuring can occur while you are away. However, your employer must not select you for termination or place you in an inferior role because of your pregnancy or leave. A demotion, reduction in hours, loss of responsibilities or pressure to resign may raise concerns about reprisal, discrimination or constructive dismissal.
If your maternity leave return in Ontario does not go as expected, keep copies of your leave notices, employment contract, workplace policies and communications about your leave and your position.
Get Advice Before Making a Decision
Problems involving maternity leave Ontario employees experience can affect their income, job security and legal rights. If your employer denies your leave, changes your job, pressures you to return early or terminates your employment, speak with an employment lawyer before resigning or signing a release.
How Lecker & Associates Can Help
Lecker & Associates represents employees across Ontario in pregnancy and parental leave disputes. We can review the dispute, identify what evidence may be required and explain your options. Our team of Toronto employment lawyers can be reached at 416-223-5391 or intake@leckerslaw.com for a confidential consultation.
FAQs: Maternity Leave in Ontario
Eligible pregnant employees can take up to 17 weeks of pregnancy leave, followed by up to 61 weeks of parental leave.
EI maternity benefits pay 55% of average insurable weekly earnings, up to $729 per week, for a maximum of 15 weeks.
Apply as soon as possible after you stop working. Waiting more than four weeks after your last day may result in lost benefits.
Ontario does not have a separate leave called paternity leave. Eligible fathers and non-birthing parents may take up to 63 weeks of parental leave. They may also qualify for EI parental benefits.
Eligible adoptive parents may take up to 63 weeks of job-protected parental leave. They may also qualify for standard or extended EI parental benefits, but not EI maternity benefits.
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