Paternity Leave in Ontario: A Must-Read for New Dads

When a new baby arrives, by birth or adoption, both parents are entitled to time off work to bond with their child and adjust to new family responsibilities. While maternity leave often takes the spotlight, it’s just as important to understand paternity leave in Ontario and what benefits are available for fathers.

In Ontario, parental leave is governed by both the Employment Standards Act (ESA) and the federal Employment Insurance (EI) program. Biological and adoptive fathers who qualify can take unpaid, job-protected time off and receive EI benefits during their leave.

Parental Leave vs. Paternity Leave in Ontario

There is no specific "paternity leave" designation in the ESA. Instead, new fathers are eligible for parental leave, which may begin after the child is born or comes into their care. This leave is available whether the parent is biological or adoptive. If the father is also the birth mother’s partner, the leave can be taken after maternity leave or at the same time.

To qualify, the employee must have been employed for at least 13 weeks before the expected date of the child’s birth or adoption. The leave can be up to 61 weeks if the extended option is chosen and must begin no later than 78 weeks after the child’s birth or adoption.

EI Parental Benefits for Fathers

The federal government provides EI parental benefits through Service Canada. Once a child is born or adopted, eligible parents can apply for standard or extended benefits:

1. Standard parental benefits: Up to 40 weeks shared between parents, with one parent receiving no more than 35 weeks. Benefits are paid at 55% of average weekly insurable earnings, up to the maximum.
2. Extended parental benefits: Up to 69 weeks shared between parents, with one parent receiving no more than 61 weeks. These are paid at 33% of average weekly insurable earnings, up to a weekly maximum.

This extended option allows a longer bonding period, albeit at a lower benefit rate. Paternity leave in Ontario often involves this extended parental benefit, especially when families are seeking more time at home during the first 18 months of their child’s life.

Once you choose between standard and extended benefits, the decision is final after payments begin. This makes it essential to plan carefully in advance, especially if both parents intend to share the leave.

Navigating Disability Benefits While on Paternity Leave

In cases where a new father has a pre-existing disability or develops a mental health condition, such as postpartum depression or anxiety, during the leave period, disability benefits may also come into play.

For example, if an employee is unable to return to work at the end of their parental leave due to medical reasons, they may qualify for short-term disability (STD) or long-term disability (LTD) benefits through their workplace insurance plan. In some situations, they may also be eligible for sickness EI benefits, which offer up to 15 weeks of income support at 55% of average weekly earnings.

It’s important for new parents, especially those coping with physical or mental health challenges, to speak with a medical provider and their employer’s HR department to understand what benefits may apply and how to coordinate them with EI parental leave.

Planning Your Return to Work

One of the most common concerns during paternity leave in Ontario is what happens when it ends. Under the ESA, the father is entitled to return to the same position they held before the leave, or a comparable one if the original position no longer exists. The employer must not penalize or terminate the employee for taking leave.

That said, returning to work after months away can be a transition. Employers are encouraged to offer flexibility and support, particularly if the employee is navigating ongoing caregiving duties or a gradual return plan.

It’s also worth reviewing your employment contract or collective agreement for any additional provisions on return-to-work planning, pay adjustments, or vacation accrual during leave.

Key Takeaways

• Paternity leave in Ontario falls under parental leave laws and can be taken by biological or adoptive fathers.
• Eligible fathers can apply for EI parental benefits, choosing between standard (up to 40 weeks shared) or extended (up to 69 weeks shared).
• Once selected, standard vs. extended benefits cannot be changed after payments begin.
• If a disability or mental health concern arises, STD, LTD, or EI sickness benefits may apply.
• Fathers on parental leave have the legal right to job protection and return-to-work support under the ESA.

Becoming a parent brings big changes, and understanding your rights under Ontario’s parental leave system can ease the transition. Whether you're considering the extended parental benefits option or navigating health concerns, it’s important to make informed choices that support both your family and your future at work.

If you’re unsure about your entitlements or feel your rights may be at risk—whether around leave approval, job security, or disability coverage—it’s wise to seek guidance. An experienced employment law firm can help you navigate these issues and ensure your transition into parenthood is protected and supported.

Book a no-charge initial assessment with Lecker & Associates or call 416-223-5391