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Paternity Leave in Ontario: Rights for Fathers, How Long It Lasts, and Whether It Is Paid
Many people search for paternity leave in Ontario, but Ontario employment law does not use that term. Fathers and non-birthing parents take parental leave under the Employment Standards Act, 2000. The entitlement is substantial, the leave is job-protected, and your employer cannot refuse it or retaliate against you for taking it.
Fathers, adoptive parents, and partners of the birth parent all qualify for parental leave. The entitlement can be up to 61 or 63 weeks depending on whether the birth parent also took pregnancy leave.
Were you fired, demoted, or replaced while on parental leave?
Terminating an employee because they took parental leave may constitute wrongful dismissal and discrimination based on family status under the Ontario Human Rights Code. Get advice before accepting any outcome.
Call: 1-800-771-7882 Speak With an Employment LawyerPaternity leave in Ontario at a glance
Who can take paternity (parental) leave in Ontario?
Parental leave is available to biological fathers, adoptive parents, and partners of the birth parent. To qualify, an employee must have been employed by the same employer for at least 13 weeks before the leave begins. Both full-time and part-time employees may qualify. The leave must generally begin within 78 weeks of the child's birth or adoption placement.
How long is paternity leave in Ontario?
| Situation | Maximum parental leave |
|---|---|
| Birth parent took pregnancy leave | Up to 61 weeks of parental leave |
| Birth parent did not take pregnancy leave | Up to 63 weeks of parental leave |
| Adoptive parent or partner of birth parent | Up to 61 or 63 weeks depending on circumstances |
Is paternity 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 options.
Standard EI parental benefits
- Up to 55% of average weekly insurable earnings
- Available for up to 40 weeks total
- One parent cannot receive more than 35 weeks of standard benefits
- Benefits paid over a shorter period at a higher rate
Extended EI parental benefits
- Approximately 33% of average weekly insurable earnings
- Available for up to 69 weeks total
- One parent cannot receive more than 61 weeks of extended benefits
- Benefits spread over a longer period at a lower rate
Parents may divide EI parental benefits between them depending on their family circumstances. The choice between standard and extended benefits must be made when the first parent applies for EI parental benefits and cannot be changed afterward.
Can an employer refuse 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 allow the leave. Refusing parental leave, disciplining an employee for requesting it, or terminating employment connected to the leave may violate both the ESA and the Ontario Human Rights Code. Potential claims include wrongful dismissal and discrimination based on family status.
Was your job affected while you were on parental leave?
Being fired, restructured out, or told your role no longer exists while on parental leave carries significant legal risk for your employer. Get advice before accepting any package or signing anything.
Get Legal Advice Or call us: 1-800-771-7882Returning to work after parental leave
When parental leave ends, you have the right to return to the same position you held before the leave, or to a comparable position with similar pay, benefits, and responsibilities if the original role no longer exists for reasons genuinely unrelated to the leave. Your employer must maintain your enrollment in benefit plans during the leave unless you choose to opt out. Seniority and benefits accrued before the leave must be preserved.
Frequently asked questions about paternity leave in Ontario
Does paternity leave exist in Ontario?
Not by that name. Ontario employment law does not use the term paternity leave. Fathers and non-birthing parents take parental leave under the Employment Standards Act, 2000, which provides up to 61 or 63 weeks of job-protected leave depending on whether the birth parent also took pregnancy leave.
How long is paternity leave in Ontario?
Fathers may take up to 61 weeks of parental leave where the birth parent also took pregnancy leave, or up to 63 weeks where the birth parent did not take pregnancy leave. The leave must generally begin within 78 weeks of the child's birth or adoption placement.
Is paternity leave paid in Ontario?
Parental leave is unpaid under the ESA. However, most qualifying employees can access Employment Insurance parental benefits through the federal government. Standard benefits pay approximately 55 percent of average weekly earnings for up to 40 weeks. Extended benefits pay approximately 33 percent for up to 69 weeks. Parents can divide benefits between them.
Can my employer deny parental leave?
No. Parental leave is a statutory right under the Employment Standards Act, 2000. Refusing leave, disciplining an employee for requesting it, or terminating employment connected to the leave may violate the ESA and the Ontario Human Rights Code and could give rise to legal claims.
Can both parents take parental leave at the same time in Ontario?
Yes. Both parents may take parental leave simultaneously where both meet the eligibility requirements under the ESA. Your employer cannot require you to stagger leave or refuse simultaneous leave where both parents qualify.
Questions about paternity or parental leave in Ontario?
If you are facing issues with parental leave, returning to work, or your employer's response to your leave, 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. ©