What is parental leave? 

Parental leave provides job-protected time off for new parents to care for their newborn or newly adopted child. Mothers and fathers can take parental leave, which is separate from maternity and paternity leave and is sharable between both parents, allowing flexibility in splitting time off. This benefit typically lasts up to 63 weeks in most provinces and territories, with up to 65 weeks available in Quebec. Eligible parents can receive financial support through Employment Insurance (EI), which provides a portion of their earnings while they are on leave. Parental leave guarantees job security, so parents can return to the same or a similar role after their time off, giving them peace of mind and promoting wellbeing.

What is the difference between paternity and maternity leave?

The main difference is that maternity leave is specifically for birth mothers, while paternity or parental leave can be taken by either parent. Maternity leave helps birth mothers recover from childbirth and care for their newborns. Birth mothers can typically qualify for Employment Insurance (EI) maternity benefits by working for their employer for at least 90 days and logging a minimum of 600 hours in the previous 52 weeks. Maternity leave generally lasts between 15 and 18 weeks, depending on the province or territory. It can start up to 12 weeks before the expected birth date or later, based on the mother’s choice. During this time, birth mothers can receive up to 55% of their average weekly earnings for up to 15 weeks. In Quebec, maternity benefits often offer higher payouts through the Quebec Parental Insurance Plan (QPIP). In Quebec, fathers can take up to five weeks of paid paternity leave—a specific leave option that doesn’t exist anywhere else in Canada.

Parental leave in Ontario

In Ontario, new parents can take unpaid, job-protected time off work when a child is born or comes into their care.

Parental leave is available to:

• Adoptive parents
• Birth parents
• Person in a relationship with a parent of a child who plans to treat the child as their own

Birth mothers who go on maternity leave can take a maximum of 61 weeks of parental leave. Those who do not take pregnancy leave, as well as other new parents, can take up to 63 weeks of leave. Parental leave must start within 78 weeks of the child’s birth or adoption. To qualify, employees must have worked for the employer for at least 13 weeks before the due date or the start of the leave. Employees can apply for and receive parental leave benefits through the federal EI program. Eligible employees have two options: standard parental benefits or extended parental benefits. Standard parental benefits typically cover 55% of earnings up to $638 per week and are available for up to 40 weeks. However, one parent cannot take these benefits for more than 35 weeks.

Extended parental benefits generally cover 33% of earnings, up to $383 per week, and are available for up to 69 weeks. One parent cannot take these benefits for more than 61 weeks. If both parents share the leave, they must apply separately and choose the same benefit option, which they cannot change once benefits begin.

Employer obligations in Ontario

It is illegal in Canada to discriminate against an employee regarding pregnancy or related leave. Since EI covers parental benefits, employers do not have to pay wages during leave unless they decide to. However, under the Ontario Employment Standards Act (ESA), employers must:

• Reinstate the employee to the same job or a similar position when they return
• Include the leave period when calculating the employee‘s length of employment and seniority
• Continue the employee’s benefits (health insurance and pension) while they are on leave (employers may only stop their contributions if the employee provides written notice that they don’t wish them to continue, or if the employee stops their contributions)

Parental leave in British Columbia

Parental leave in BC is available for parents of newborns or newly adopted children. Eligible employees can choose between two options:

• Standard parental leave: up to 37 consecutive weeks, taken within 12 months (52 weeks)
• Extended parental leave: up to 63 consecutive weeks, taken within 18 months (78 weeks)

During standard parental leave, parents can receive up to $650 per week, while extended parental leave offers up to $390 per week. If both parents share standard parental leave, they can receive benefits for up to 40 weeks combined, but neither parent can take more than 35 weeks. For extended leave, they can get up to 69 weeks of benefits, with no more than 61 weeks for one parent. Employees can apply for EI benefits through the federal government and parental leave allowance from the BC Public Service. Employers do not have to pay for parental leave directly unless it’s in their company policy.

During parental leave, most employment benefits remain active. However, employees can opt out of extended health, dental coverage, or optional life insurance plans. Vacation entitlements and vacation pay will continue to build during leave on a pro-rated basis. After returning to work, the employee will receive the accrued vacation days if they meet the following conditions:

• They return to work for at least six months after the leave.
• They did not receive parental leave allowance from BC Public Service.
• Their employment start date was before March 28, 2001.

Employer obligations in BC

In BC, employers have specific responsibilities regarding maternity and parental leave. Under the ESA, eligible employees have the right to take this leave, and employers cannot deny it.

Below are some examples of employer obligations:

• Job protection: Employers must ensure the employee’s job is secure during parental leave. Employers cannot fire, lay off, or ask employees to resign due to pregnancy or taking leave.
• Notice and documentation: Employers must inform employees about their parental leave rights, including the duration, job security, and any required paperwork.
• Maintaining benefits: Employers must continue the employee’s health and dental benefits during maternity leave to ensure continued medical coverage.
• Protection from discrimination: Employers cannot take any retaliatory or discriminatory actions against employees for taking maternity leave.

Parental leave in Quebec

In Quebec, every parent of a newborn or newly adopted child can take up to 65 weeks of unpaid parental leave. This regulation also applies to anyone adopting their spouse’s child. Parental leave can start the week the child is born or, in the case of adoption, the week the employee takes custody of the child or leaves work to pick up the child outside Quebec. This leave is separate from the 18-week maternity or five-week paternity leave available to parents. Both parents can share parental leave, and the Québec Parental Insurance Plan (QPIP) may pay for it.

Parental leave must end no later than 78 weeks after the child’s birth or, for adoptions, 78 weeks after the agency places the child in the employee’s care. The employee can suspend, extend, or divide the leave if needed for health reasons. They can split the leave into weeks with the employer’s agreement. If the employee continues contributing to group insurance and pension plans during their break, the employer must do the same. There are two different plans with QPIP. Once an employee chooses a plan, they cannot switch to another one. Both parents need to agree on the plan together. If they take parental leave after maternity or paternity leave, it will be under the same plan:

• The basic plan provides 32 weeks of benefits in addition to 18 weeks of maternity leave and five weeks of paternity leave. The first seven weeks cover 70% of earnings, while the next 25 weeks cover 55%. After each parent uses eight shareable parental benefit weeks, an extra four weeks of benefits at 55% are available. For single parents, multiple births or adoptions, each parent receives an additional five weeks at 70% of earnings.
• The special plan offers 25 weeks of benefits above the 15 weeks of maternity leave and three weeks of paternity leave. It covers 75% of earnings for the full 25 weeks. Once both parents use six shareable parental benefit weeks, an extra three weeks of benefits at 75% are available. For single parents, multiple births or adoptions, each parent receives an additional three weeks at 75% of earnings.

Employer obligations in Quebec

Employers in Quebec have similar responsibilities as other provinces or territories, such as:

• Job security: Employers must ensure the same or similar role is available, and seniority, salary, and benefits remain the same.
• Discrimination protection: Employers can face legal issues for any discrimination against eligible leave-takers.

Parental leave can provide job protection for new parents, ensuring they can take time off to care for their newborns or adopted children without fear of losing their jobs. With various options available across provinces and territories, parents can choose the leave that best suits their needs, allowing them to focus on their family during this important time.