Pregnancy and Parental Leave in Ontario
Employees in Ontario have a right to take time off for pregnancy and to care for a new child, and to come back to their job afterwards. The leaves are job-protected but unpaid by the employer, unless the employer chooses to top up the pay.
- Pregnancy leave is up to 17 weeks. Parental leave is up to 61 weeks for someone who took pregnancy leave, and up to 63 weeks for others.
- You generally need to have been employed at least 13 weeks before the leave starts.
- Give your employer at least two weeks' written notice before the leave begins.
- You are entitled to return to the same job, or a comparable one, and cannot be penalized for taking the leave.
Who can take which leave
- Pregnancy leave: for the person who is pregnant, up to 17 weeks, which can start up to 17 weeks before the due date.
- Parental leave: for new parents, including adoptive parents and parents of a child born to a surrogate, of both biological and adoptive children.
- Parental leave must begin within 78 weeks after the child is born or first comes into the parent's care.
- The leaves are available whatever the size of the employer, once the employee meets the length-of-employment test.
How to take it
- Give written notice at least two weeks before the day the leave is to start.
- Say when you plan to start and when you expect to return. You can change the return date with the notice the Act requires.
- Ask your employer for your Record of Employment so you can apply to Service Canada for Employment Insurance maternity and parental benefits.
- Keep a copy of your notice and your employer's reply.
Your rights during and after
- Your employer must keep contributing to your benefit plans during the leave, unless you choose not to continue them.
- Your length of service and seniority generally continue to count.
- On return you are entitled to the job you had, if it still exists, or a comparable one at no less pay, with the same benefits.
- You cannot be fired, demoted or penalized because you are pregnant, took a leave, or plan to.
Pay during the leave
The ESA leaves are unpaid by the employer. Many parents receive Employment Insurance maternity and parental benefits, and some employers add a top-up. If your pay or job changed during or after your leave, keep records and get advice quickly, because the deadlines to complain are short.
Where discrimination comes in
Pregnancy and family status are also protected by the Human Rights Code. A job loss, a lower role or a change in hours linked to a pregnancy or caring for a child can be both an ESA breach and discrimination. See the guide on family status.
Common questions
Do I have to take the full leave?
No. You can take less, with notice to your employer in the way the Act sets out.
Can my employer replace me while I am away?
A replacement can be hired for the time you are away, but your job, or a comparable one, must be available when you return.
Who can help. Licensed paralegals can represent employees and employers in Employment Standards claims and at the Human Rights Tribunal of Ontario.
This guide is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.
Not sure where you stand? A licensed paralegal can look at your documents and tell you your options.
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