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Paternity Leave in Ontario: How It Works for Fathers
In Ontario, there is no separate legal category called “paternity leave.”
Instead, fathers and non-birth parents take parental leave under the Employment Standards Act (ESA).
This leave is:
- Job-protected
- Unpaid under the ESA
- Potentially paid through Employment Insurance (EI)
How Long Is Paternity Leave in Ontario?
Under the ESA:
- Birth mothers take pregnancy leave first (if applicable).
- After that, parental leave is available.
Fathers and non-birth parents can take:
- Up to 63 weeks of unpaid parental leave.
The leave must begin within:
- 78 weeks of the child’s birth or adoption.
You do not need to take all 63 weeks.
Is Paternity Leave Paid in Ontario?
The ESA provides job protection, not pay.
However, financial benefits may be available through Employment Insurance (EI).
Fathers can choose:
Standard EI Parental Benefits
- Up to 40 weeks total (shared between parents)
- One parent can receive no more than 35 weeks
- Paid at 55% of average weekly earnings (up to the federal maximum)
Extended EI Parental Benefits
- Up to 69 weeks total (shared)
- One parent can receive no more than 61 weeks
- Paid at 33% of average weekly earnings
There are also “use-it-or-lose-it” weeks reserved for the second parent.
Can Fathers Take Parental Leave at the Same Time as the Mother?
Yes.
Parents can overlap their leave periods. The total number of EI benefit weeks remains subject to federal limits.
Who Qualifies for Parental Leave in Ontario?
To qualify for ESA parental leave:
- You must be employed by an ESA-covered employer.
- You must have been employed for at least 13 weeks before leave begins.
The ESA defines “parent” broadly and includes:
- Biological fathers
- Adoptive parents
- Individuals in permanent parental relationships
Can an Employer Refuse Paternity Leave?
No.
If you qualify under the ESA, your employer cannot refuse or penalize you for taking parental leave.
Employers must:
- Reinstate you to your position or a comparable role
- Maintain benefits during leave
- Preserve seniority and length of service
Termination or discipline for taking leave may result in legal consequences.
Can Paternity Leave Be Taken in Parts?
Parental leave under the ESA must generally be taken as a continuous block.
EI benefits may allow some flexibility, but employment protection rules differ from EI rules. This is where confusion often arises.
What If I Am Denied Parental Leave?
If your employer:
- Refuses leave
- Demotes you
- Reduces hours
- Terminates you
- Penalizes you for requesting leave
You may have grounds for a legal claim.
Parental leave is protected under Ontario law.
ESA vs EI: What’s the Difference?
This is where many employees get confused.
| ESA (Ontario Law) | EI (Federal Program) |
|---|---|
| Provides job protection | Provides financial benefits |
| Up to 63 weeks unpaid | Paid at 55% or 33% |
| Employer compliance required | Administered by Service Canada |
They operate separately but together determine how leave works in practice.
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“Paternity leave is not just a personal milestone, it’s a legal right that comes with specific obligations and protections. Whether you’re a parent planning your time off or an employer managing the process, getting sound legal advice early can make all the difference.”
Speak With an Ontario Employment Lawyer
If you are:
- A father planning parental leave
- An employer is unsure how to manage parental leave requests
- An employee facing retaliation or denial of leave
Achkar Law advises on parental leave rights and ESA compliance across Ontario.
Call toll-free: 1-800-771-7882
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. ©