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Parental Leave in Ontario: How Long It Lasts, Whether It Is Paid, and Your Legal Rights
Parental leave in Ontario allows eligible employees to take job-protected time off work to care for a newborn or newly adopted child. The right is protected under the Employment Standards Act, 2000 and is available to birth parents, adoptive parents, and partners of the birth parent. Understanding your entitlements before you take leave helps you protect your job, your income, and your rights on return.
Were you fired, demoted, or told your role no longer exists while on parental leave?
Terminating an employee because of parental leave may constitute wrongful dismissal and discrimination based on family status under the Ontario Human Rights Code. Get advice before accepting any outcome or signing anything.
Call: 1-800-771-7882 Speak With an Employment LawyerParental leave in Ontario at a glance
Parental leave vs. pregnancy leave: what is the difference?
| Leave type | Who can take it | Maximum length |
|---|---|---|
| Pregnancy leave | Birth parent only | Up to 17 weeks |
| Parental leave (birth parent took pregnancy leave) | Any parent | Up to 61 weeks |
| Parental leave (no pregnancy leave taken) | Any parent | Up to 63 weeks |
Parental leave is separate from and in addition to pregnancy leave. A birth parent who takes both leaves can be away from work for up to 78 weeks in total. For a full explanation of pregnancy leave, see our guide to maternity leave in Ontario.
Who qualifies for parental leave in Ontario?
Parental leave is available to any employee covered by the ESA who has worked for the same employer for at least 13 weeks before the leave begins. Eligibility does not depend on full-time or part-time status, hours worked per week, or employment type. Biological parents, adoptive parents, and partners of the birth parent all qualify where the 13-week threshold is met.
Is parental leave paid in Ontario?
Parental leave under the ESA is unpaid. However, most qualifying employees can access Employment Insurance parental benefits through the federal government. There are two EI options and parents can divide benefits between them.
Standard EI parental benefits
- Up to 55% of average weekly insurable earnings
- Up to 40 weeks total between parents
- One parent cannot receive more than 35 weeks
- Higher rate, shorter duration
Extended EI parental benefits
- Approximately 33% of average weekly insurable earnings
- Up to 69 weeks total between parents
- One parent cannot receive more than 61 weeks
- Lower rate, longer duration
Was your parental leave denied or has your employer failed to provide proper benefits during leave?
Parental leave is a statutory right. Refusing it or interfering with it violates the ESA. Get advice to understand your options before the limitation period runs out.
Get Legal Advice Or call us: 1-800-771-7882Your legal protections during parental leave
While you are on parental leave, your employer has specific legal obligations under the ESA.
Can your employer fire you while on parental leave?
Generally, no. Termination because an employee took or requested parental leave is prohibited under the ESA and may also constitute discrimination based on family status under the Ontario Human Rights Code. Termination may only be lawful where the reason is entirely unrelated to the leave, such as a genuine company-wide layoff that would have affected the employee regardless. Timing is critical — the closer the termination is to the leave, the greater the employer's legal risk. If you have been terminated or told your role is being restructured while on parental leave, get legal advice before signing anything.
Frequently asked questions about parental leave in Ontario
How long is parental leave in Ontario?
Parental leave in Ontario lasts up to 61 weeks where the birth parent also took pregnancy leave, or up to 63 weeks where no pregnancy leave was taken. The leave must begin within 78 weeks of the child's birth or adoption placement. Employees must provide at least two weeks written notice of their intended start date.
Is parental leave paid in Ontario?
Parental leave under the ESA is unpaid. However, most qualifying employees can access Employment Insurance parental benefits through the federal government, at either a standard rate of approximately 55 percent of earnings for up to 40 weeks, or an extended rate of approximately 33 percent for up to 69 weeks. Some employers also provide top-up pay through workplace policies or employment contracts.
Can my employer deny parental leave?
No. Parental leave is a statutory right under the Employment Standards Act, 2000. Where eligibility requirements are met and proper notice is provided, an employer must grant the leave. Refusing parental leave, disciplining an employee for requesting it, or terminating employment connected to the leave may violate the ESA and the Ontario Human Rights Code.
Can both parents take parental leave at the same time?
Yes. Both parents may take parental leave simultaneously where both meet the eligibility requirements under the ESA. Parents can also choose to stagger their leave so that one parent is working while the other is on leave. The decision is entirely yours — your employer cannot require you to stagger leave.
Can I be fired while on parental leave in Ontario?
Not because of your leave. Termination connected to parental leave may constitute wrongful dismissal and discrimination based on family status under the Ontario Human Rights Code. If you have been terminated during parental leave, or told your role is being eliminated, get legal advice before accepting any package or signing any documents.
Does parental leave have to be taken all at once?
Yes, in most cases. Parental leave must generally be taken as one continuous period. Employees cannot usually split the leave into multiple separate blocks without employer agreement. You do have flexibility in choosing when within the permitted 78-week window to start the leave.
Questions about parental leave in Ontario?
If you are facing issues with parental leave, returning to work, or your employer's response to your leave request, our team can help. We advise employees across Ontario on Ministry of Labour complaints, wrongful dismissal, and leave-related disputes. Contact us for a confidential consultation.
Call us at 1-800-771-7882 or fill out the form below and we will be in touch.
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©