What is maternity leave in Canada?

In Canada, maternity leave, or statutory maternity leave, is part of the broader parental leave system, available to mothers and parents, regardless of gender, under the Federal Employment Insurance (EI) program. Statutory maternity leave is available only to new mothers who have recently given birth, including surrogates. It allows up to 15 weeks off work, paid or unpaid, to recover from childbirth and care for their newborns. A pregnant woman can begin maternity leave as early as 12 weeks before the expected due date, allowing time off while still pregnant if needed. This flexibility ensures that mothers can start their leave early if health or personal circumstances require them to stop working before giving birth. Some provinces and territories can vary in duration and benefit amount, but the above is the minimum standard.

Parental leave in Canada lets parents take time off to care for their newborn or newly adopted child. Unlike maternity leave, which is just for birth mothers, parental leave is available to either parent—mothers, fathers, or adoptive parents—and guarantees job protection while they’re away.

Employer considerations for maternity leave policies

Below is a guide to getting started with maternity leave policies in Canada, incorporating legal obligations, eligibility criteria, and decisions on paid vs. unpaid leave.

Legal requirements

The federal, provincial, and territorial governments regulate maternity and parental leave in Canada. The Canada Labour Code (CLC) grants all federally regulated employees the right to maternity and parental leave after six months of continuous employment. Maternity leave lasts up to 17 weeks, and parental leave up to 63 weeks, allowing a maximum of 78 weeks for one parent or 86 weeks if shared between parents. Provincial and territorial regulations may differ, but most permit maternity and parental leave lasting between 52 and 78 weeks. While employers typically do not pay for this leave, employees may qualify for EI benefits, which provide partial income replacement if they meet the eligibility criteria.

Eligibility

Eligibility for maternity leave typically depends on the jurisdiction. Federally regulated employees often require six months of tenure, while provincial and territorial regulations can vary, for example, 90 days for Alberta and seven months for Manitoba. Adoptive and non-birthing parents can take parental leave, acknowledging their importance in a child’s development. Employees who qualify for EI can receive payments during leave, but the specifics of top-up benefits, where employers pay additional amounts on top of EI, depend on company policy.

Paid vs. unpaid leave

While maternity leave protects the employee’s job, most maternity and parental leaves in Canada are unpaid unless employers offer a top-up plan. EI offers partial income replacement during leave, covering 55% of an applicant’s earnings up to a maximum weekly amount for standard parental benefits or 33% for extended benefits. Employers who offer paid maternity leave to their employees can see significant benefits, including:

• Higher retention: Employees are likelier to stay with companies that support them during personal life events, reducing costs aligned with recruiting and training new staff.
• Better employee loyalty and morale: Paid maternity leave can encourage a positive workplace culture and increase job satisfaction. Employees who feel their employer values them are likelier to show increased commitment and productivity.
• Enhanced company reputation: Employers offering paid maternity leave can improve their brand’s family-friendly and socially responsible image. These features can help attract top talent who prioritize work-life balance.
• Improved employee health: Paid maternity leave allows new mothers time to recover from childbirth, reducing financial stress and the likelihood of postpartum health issues. Healthier employees are less likely to take extended sick leave or be less productive when they return to work.
• Promotes gender diversity and inclusion: Paid maternity leave supports gender equality by making it easier for women to balance their careers and family life, allowing more women to stay in the workforce and move into leadership roles.

Maternity benefits in Ontario

In Ontario, only the birth mother, including a surrogate, can take up to 17 weeks of maternity leave. However, adoptive parents, birth parents, and anyone in a relationship with a parent who plans to raise the child as their own can take parental leave. The following is a breakdown of the durations of leave:

• Birth mothers on maternity leave can take up to 61 weeks of parental leave.
• Other new parents can use up to 63 weeks of leave.
• The leave must start within 78 weeks of the child’s birth or adoption.

Ontario requires 13 weeks of continuous employment before the due date or start of the leave. Employees eligible for parental leave benefits under the EI program have two options:

• Standard benefits: 55% of earnings up to $638/week for up to 40 weeks, but one parent cannot take more than 35 weeks.
• Extended benefits: 33% of earnings up to $383/week for up to 69 weeks, with one parent limited to 61 weeks.

According to the Ontario Employment Standards Act (ESA), employers must:

• Allow the employee to return to their same or a similar job
• Count the leave period toward employment length and seniority
• Continue employee benefits during the leave unless the employee opts out in writing

Maternity, paternity, and parental leave in Quebec

In Quebec, parents of a newborn or adopted child can take different types of leave. Birth mothers can use up to 18 weeks of maternity leave, while fathers can take up to 5 weeks of paternity leave. Both parents can share up to 65 weeks of unpaid parental leave, which can start when the child is born or, in the case of adoption, when an agency places a child in their care. This parental leave must end within 78 weeks of the child’s birth or placement.

The same parental leave rules apply to those adopting a spouse’s child. Employees can split, suspend, or extend their leave for health reasons, and if the employee and employer agree, they can divide the leave into weeks. Employers must continue contributing to group insurance and pension plans if the employee continues contributing. The Quebec Parental Insurance Plan (QPIP) provides two benefit options; both parents must agree on one plan. Once parents choose maternity and paternity plans, they cannot change to parental leave.

Basic plan

The basic plan offers 32 weeks of benefits and maternity and paternity leave. The first seven weeks cover 70% of earnings and the next 25 cover 55%. Single parents or those with multiple births or adoptions receive an additional five weeks at 70% after both parents use eight shareable benefit weeks.

Special plan

This option provides 25 weeks of benefits at 75% of earnings for the entire period. Parents of multiple births or adoptions receive an extra three weeks at 75% after using six shareable benefit weeks.

Implementing maternity and parental leave policies in your organization

Below are some tips to help you create a fair and effective maternity and parental leave policy for all employees:

Support all types of parents

Parental and maternity leave policies should cover all parents, including single parents, same-sex couples, adoptive parents, and foster parents. By making the language inclusive—such as using the terms maternity and parental leave—you create a welcoming policy for everyone. This strategy ensures support for new mothers and other caregivers during this critical time, no matter their family structure.

Outline clear procedures

Provide employees with a clear understanding of requesting maternity and parental leave. Most provinces and territories, including Nova Scotia, Nunavut, and Saskatchewan, require that employees notify their employer at least four weeks before taking leave. Implementing a standard process and providing request forms can simplify the request, making it easier for employees to understand their rights and responsibilities.

Create smooth transitions before and after leave

Employers can reduce the stress of maternity and parental leave by establishing a transition plan. Before an employee begins their leave, inform them about the plan you have in place to manage their duties. When they return, update them with recent developments to ease their reintegration and offer additional support. For example, you could create a private space for pumping breast milk or making phone calls to check in with the caregivers of their new addition.

Canada’s maternity leave system offers paid or unpaid time off to new mothers, which can begin before the child is born. Parental leave, shared between parents, further supports family needs, with policies varying slightly across provinces and territories to ensure flexibility for parents balancing work and childcare responsibilities.