ESA Maternity Leave in Ontario Explained
Expecting a child is exciting, but managing maternity leave in Ontario can feel overwhelming. Between Employment Standards Act (ESA) rules and federal Employment Insurance (EI) benefits, it’s essential to understand your rights and entitlements.
This 2025 guide explains how maternity leave works under Ontario law, how to apply for EI benefits, what protections you have during your leave, and what to do if issues arise with your employer.
Understanding ESA Maternity Leave in Ontario
Under Ontario’s Employment Standards Act, 2000 (ESA), eligible employees are entitled to up to 17 weeks of unpaid, job-protected pregnancy leave. This ensures you can take time off for childbirth and recovery without losing your job.
Who Is Eligible?
- You must be employed in Ontario under the ESA.
- You must provide at least two weeks’ written notice before your leave begins.
- You can start your leave up to 17 weeks before your due date or on the day you give birth.
If you experience pregnancy-related complications that require time off before your due date, this may also qualify as pregnancy leave under the ESA.
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“Maternity leave can be an emotional and complex time for both employees and employers. I’ve seen firsthand how the right legal advice can make all the difference, helping employees protect their rights and employers meet their obligations with confidence. It’s always worth speaking to a lawyer before making any decisions.”
Parental Leave Entitlements
In addition to pregnancy leave, parents in Ontario can take up to 61 or 63 weeks of parental leave, depending on whether they also took pregnancy leave.
- If you gave birth and took pregnancy leave: You can take up to 61 weeks of parental leave.
- If you didn’t take pregnancy leave (for example, adoptive parents): You can take up to 63 weeks of parental leave.
You must start parental leave within 78 weeks of the child’s birth or when the child first comes into your care.
EI Maternity and Parental Benefits in Ontario (2025 Update)
The federal Employment Insurance (EI) program provides financial support to employees who take time off work due to pregnancy or childbirth.
Current EI Benefit Rates (2025)
- Maternity Benefits: 55% of your average weekly earnings, up to $695 per week.
- Extended Parental Benefits: 33% of your average weekly earnings, up to the same weekly maximum.
- Waiting Period: 1 week (similar to an insurance deductible).
You can apply for EI maternity benefits online through Service Canada.
How to Apply for Maternity Leave in Ontario
- Notify your employer in writing at least two weeks before your leave starts.
- Provide a medical certificate if requested by your employer.
- Apply for EI benefits through Service Canada as soon as your leave begins.
- Keep copies of all communications with your employer for your records.
Job Protection During Maternity Leave
Under the ESA, your employer must:
- Hold your position or provide a comparable role when you return.
- Maintain your benefit plans (such as health and dental) during your leave.
- Refrain from penalizing, demoting, or terminating you because of your pregnancy or leave.
Any negative treatment related to maternity leave may also breach the Ontario Human Rights Code.
- Up to 17 weeks of pregnancy leave, plus 61 or 63 weeks of parental leave, depending on your circumstances.
- Your employer is not required to pay you unless stated in your contract, but you may receive EI maternity benefits.
- No. Pregnancy leave is a statutory right under the ESA.
- You can extend your leave by taking parental leave immediately after pregnancy leave.
- If your dismissal appears connected to your leave, consult an employment lawyer right away.
Can You Be Fired While on Maternity Leave in Ontario?
Generally, no. You cannot be dismissed or penalized for taking maternity or parental leave.
However, if a legitimate restructuring affects your position, the employer must prove that your dismissal was completely unrelated to your leave. Otherwise, it may amount to wrongful dismissal or human rights discrimination.
If you suspect your termination or demotion is connected to your pregnancy or leave, speak with an employment lawyer immediately.
Common Employer Mistakes
- Failing to reinstate employees after maternity leave
- Cutting hours or pay after return
- Refusing to maintain benefits
- Misunderstanding ESA vs. EI obligations
These errors can expose employers to legal claims for reprisal, discrimination, or wrongful dismissal.
Key Takeaways
- ESA provides up to 17 weeks of unpaid, job-protected pregnancy leave.
- Federal EI offers financial benefits (55% of earnings, up to $695/week).
- You’re entitled to up to 61–63 weeks of parental leave.
- Employers must protect your job and benefits.
- You cannot be lawfully terminated for taking maternity or parental leave.
Final Thoughts
Taking maternity leave should be a time for rest and bonding, not anxiety about your job. Knowing your ESA rights and EI benefits helps you make informed decisions and protect your employment security.
How Achkar Law Can Help
If you face issues during or after maternity leave, such as termination, reduction in hours, or denial of reinstatement, Achkar Law can help.
Our employment lawyers regularly assist employees and employers with:
- ESA and EI compliance
- Wrongful dismissal and reprisal claims
- Human rights and discrimination disputes
- Return-to-work accommodations
Contact Achkar Law today for a confidential consultation and ensure your rights are protected during this important time in your life.
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. ©