Paternity Leave in Ontario: Parental Leave Rights for Fathers and Non-Birthing Parents
Ontario law does not create a separate statutory leave called “paternity leave.” Instead, the Employment Standards Act, 2000 (ESA) gives eligible parents an unpaid, job-protected parental leave. That right can apply to fathers, adoptive parents, same-sex spouses or partners and other non-birthing parents.
For employees searching for paternity leave in Ontario, the central questions are eligibility, how long the leave can last, whether Employment Insurance benefits are available and what job protections apply when the leave ends.
Who Can Take Parental Leave in Ontario?
An employee who has been employed by the same employer for at least 13 weeks before starting parental leave may be eligible under the ESA. The employee does not need to have actively worked throughout that entire qualifying period.
For ESA purposes, a parent can include a birth parent, an adoptive parent and a person who is in a relationship of some permanence with a parent of the child and intends to treat the child as their own. The right to parental leave therefore is not limited to the person who gave birth.
How Long Can Fathers and Non-Birthing Parents Take Parental Leave in Ontario?
Pregnancy leave and parental leave are separate ESA entitlements. An employee who took pregnancy leave may take up to 61 weeks of parental leave. Other eligible parents, including fathers, adoptive parents and other non-birthing parents, may take up to 63 weeks.
Parental leave must generally begin no later than 78 weeks after the child is born or first comes into the employee’s custody, care and control. The ESA leave is taken as one continuous period. Once an employee ends the leave and returns to work, the unused balance cannot ordinarily be restarted later as a second ESA parental leave.
Is Paternity Leave Paid in Ontario?
Parental leave under the ESA is unpaid. Eligible employees may separately qualify for federal Employment Insurance parental benefits administered through Service Canada.
The two regimes should not be confused. The ESA determines whether an eligible employee can take job-protected leave from an Ontario workplace. The federal EI program determines whether the employee qualifies for income-replacement benefits and for how long.
Some employers also provide a parental-leave top-up or other supplemental benefits through an employment contract, workplace policy or collective agreement. Those terms should be reviewed before the leave begins.
Can Both Parents Take Parental Leave in Ontario?
Each eligible parent may have their own entitlement to parental leave under the ESA. Parents may therefore have overlapping leaves or take leave at different times, provided each employee satisfies the statutory timing requirements.
EI parental benefits operate under separate federal rules, including rules governing how benefits may be shared between parents. An employee should not assume that the length of ESA leave and the number of weeks of EI benefits will be identical.
What Happens to Your Job During Parental Leave in ONtario?
At the end of an ESA parental leave, an employer must generally reinstate the employee to the position most recently held if it still exists, or to a comparable position if it does not. The ESA also protects the employee’s wage rate on reinstatement in accordance with its statutory requirements.
Those reinstatement protections do not prevent an employer from ending employment for reasons genuinely unrelated to the leave. However, an employer cannot penalize an employee because they took or attempted to take an ESA leave or asked the employer to comply with the Act.
A reduction in responsibilities, refusal to reinstate, pressure to return early or a termination closely connected to a leave request can justify prompt legal review.
Lecker & Associates advises employees across Ontario on parental leave rights, reinstatement disputes, pregnancy and parental leave reprisals and terminations connected to family leave. If your employer has denied parental leave, pressured you to return early, changed your position after leave or terminated your employment after you asserted your leave rights, early legal review can help determine whether the employer complied with the Employment Standards Act, 2000 and whether other legal protections may apply. Our team of Toronto employment lawyers can be reached at 416-223-5391 or intake@leckerslaw.com for a confidential consultation.
How Lecker & Associates Can Help
Lecker & Associates advises employees across Ontario on termination packages, wrongful dismissal claims, fixed-term contract disputes, and severance negotiations. If your fixed-term contract ended before the agreed end date, early legal review can help determine whether the employer had the right to end the contract, whether the termination clause is enforceable, and whether the offer reflects the full value of the remaining term. Our team of Toronto employment lawyers can be reached at 416-223-5391 or intake@leckerslaw.com for a confidential consultation.
FAQ: Parental Leave Rights for Fathers and Non-Birthing Parents in Ontario.
Parental leave under Ontario’s ESA is unpaid. Fathers and other eligible parents may separately qualify for federal EI parental benefits, and some employers provide a top-up under a workplace plan or employment agreement.
Ontario does not provide a separate number of statutory “paternity leave” days. Eligible parents who did not take pregnancy leave may take up to 63 weeks of parental leave under the ESA
Yes. Each eligible parent may have an ESA parental-leave entitlement. Their leaves can overlap or occur at different times, subject to the statutory timing requirements. EI benefit-sharing rules are separate.
Parental leave does not prevent a termination that is genuinely unrelated to the leave. However, an employer cannot terminate or otherwise penalize an employee because they took, attempted to take or asked about an ESA-protected leave.
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