Parental Leave in Ontario Explained
Parental leave isn’t just a benefit, it’s a legal right. For employees across Ontario, taking time off to bond with a newborn or newly adopted child is essential. But many still have questions: Am I eligible? Will my job be protected? Is it paid?
Understanding how parental leave works under Ontario’s Employment Standards Act, 2000 (ESA), is critical to making informed decisions about your career, finances, and growing family.
In this article, we’ll break down who qualifies for parental leave, what your legal entitlements are, and how to protect your job while you’re away.
“Protecting the right to take parental leave is critical not only to the well-being of parents and their children, but also to the long-term success of the organization,” says Christopher Achkar, Founder and Managing Lawyer at Achkar Law. “When employees feel secure in their ability to step away and return without penalty, it fosters loyalty, stability, and a healthier workplace culture.”
Who Qualifies for Parental Leave in Ontario?
You are eligible for parental leave if:
- You are employed in Ontario and covered under the ESA
- You have worked for your employer for at least 13 weeks before starting the leave (this time does not have to be consecutive)
This applies to both full-time and part-time employees. You don’t need to have worked continuously during the 13 weeks, as long as your total time adds up.
How Long Is Parental Leave?
The duration of parental leave depends on whether you’ve also taken pregnancy leave:
If you took pregnancy leave, up to 61 weeks of parental leave
If you did not take pregnancy leave, up to 63 weeks of parental leave
Parental leave must begin no later than 78 weeks after the child is born or comes into your care.
Is Parental Leave Paid?
Parental leave under the ESA is unpaid. However, you may be entitled to Employment Insurance (EI) parental benefits from the federal government through Service Canada. As of 2024, there are two options:
- Standard parental benefits: Up to 55% of your average weekly earnings, for up to 40 weeks total (with one parent receiving a maximum of 35 weeks)
- Extended parental benefits: Up to 33% of your average weekly earnings, for up to 69 weeks total (with one parent receiving a maximum of 61 weeks)
Some employers may offer top-up benefits that supplement EI payments, depending on your contract, company policy, or collective agreement.
Can My Employer Fire Me for Taking Parental Leave?
No. Your job is protected under the ESA. When you return, your employer must reinstate you to your previous position or a comparable one with no loss in pay or seniority.
Employers are not allowed to penalize, terminate, or discipline you for taking or planning to take parental leave. Doing so may give rise to legal claims for wrongful dismissal or human rights violations.
Parental Leave FAQs
Yes. Both eligible parents—biological or adoptive—can take parental leave. The leave may be taken at the same time or at different times
No. If you meet the eligibility criteria and provide proper notice, your employer is legally obligated to allow you to take parental leave.
You must give at least two weeks’ written notice. If you can’t provide advance notice due to unforeseen circumstances, do so as soon as possible.
In most cases, your employer must continue your benefit coverage if you continue to pay your share of the premiums.
No. Terminating or disciplining an employee for taking parental leave may result in legal claims for wrongful dismissal, reinstatement, and even human rights damages.
No, pregnancy leave and parental leave are different. Pregnancy leave is for birth mothers, while parental leave is for any new parent.
Legal Protections During Leave
Under Ontario law, employers must:
- Continue your participation in benefit plans (e.g., health, dental, pension) if you continue paying your share
- Preserve your length of service, seniority, and vacation accrual
- Refrain from changing your working conditions or using leave as a factor in performance evaluations
These protections apply automatically if you meet the ESA eligibility criteria.
How to Request Parental Leave the Right Way
Follow these steps to ensure your rights are respected:
- Give Written Notice: You must give at least two weeks’ written notice before starting your leave.
- Confirm the Start Date: Include the intended start date in your letter or email.
- Update if Needed: If the situation changes, such as an earlier birth or adoption date, notify your employer as soon as possible.
- Keep Records: Maintain documentation of all communications with your employer.
- Review Benefits: Consult with HR about your benefit contributions and the EI application process.
Providing proper notice is not just a formality; it helps preserve your legal protections and creates a clear timeline for your employer.
Common Misconceptions About Parental Leave
Many employees assume that only birth mothers qualify for extended time off or that parental leave is automatically paid. These are myths. Fathers, adoptive parents, and LGBTQ+ parents are all equally entitled under the ESA. And while EI benefits offer income replacement, your employer is not obligated to pay your salary unless specified in your employment contract or policy.
What Happens If My Employer Refuses Parental Leave?
If you are eligible and properly request leave, your employer cannot refuse. Denial of parental leave may be grounds for legal action under the ESA or the Ontario Human Rights Code, particularly if discrimination is involved. If you experience pushback or are penalized in any way, it’s important to speak with an employment lawyer right away.
Final Thoughts
Parental leave is not just about time off; it’s about dignity, legal protection, and the ability to prioritize your family without compromising your career. As an employee in Ontario, you have the right to take parental leave and return to work with your job, benefits, and seniority intact.
If you’re preparing to take parental leave or facing challenges with your employer, don’t leave your rights to chance. Legal advice can make the process smoother and help you avoid common pitfalls.
Contact Achkar Law
At Achkar Law, we represent employees across Ontario navigating parental leave, discrimination, wrongful dismissal, and other workplace issues. Whether you need guidance on your entitlements or support in asserting your rights, we’re here to help.
Phone Toll-free: 1-800-771-7882 | Email: [email protected]
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. ©
Workplace Law Topics: Employment Litigation, Employment Contracts, Workplace Accommodation, Human Rights Violations, Constructive Dismissal Claim, Wrongful Dismissal Claim.