Maternity Leave in Ontario: Pregnancy Leave Rules, Length, Pay, and Your Rights

In Ontario, what most people call maternity leave is legally referred to as pregnancy leave under the Employment Standards Act, 2000. Eligible employees can take up to 17 weeks of job-protected leave before and after the birth of a child. This leave is unpaid under the ESA, but Employment Insurance maternity benefits are available through the federal government for most qualifying employees.

Maternity leave in Ontario at a glance

What is the difference between pregnancy leave and maternity leave in Ontario?

The terms are used interchangeably in everyday language but they have slightly different meanings in law. Pregnancy leave is the official term used in the Employment Standards Act, 2000. Maternity leave is the common term most people use when referring to time off for pregnancy and childbirth. Both generally refer to the same job-protected leave available to birth parents before and after delivery.

Who qualifies for pregnancy leave in Ontario?

To qualify for pregnancy leave under the ESA, an employee must be pregnant and must have been employed by the same employer for at least 13 weeks before the expected due date. Both full-time and part-time employees may qualify. There is no requirement to work a minimum number of hours per week to be eligible.

How long is maternity leave in Ontario?

Eligible employees may take up to 17 weeks of pregnancy leave. The leave may begin as early as 17 weeks before the expected due date, or earlier if the child is born before the due date. The leave generally ends 17 weeks after it begins. Many employees choose to begin parental leave immediately after pregnancy leave ends, significantly extending the total time away from work.

How pregnancy leave and parental leave fit together

Is maternity leave paid in Ontario?

Pregnancy leave itself is unpaid under the Employment Standards Act, 2000. However, most employees qualify for Employment Insurance maternity benefits through the federal government, which provide up to 15 weeks of benefits at approximately 55 percent of average weekly earnings, up to the annual maximum insurable amount. Some employers also provide top-up benefits through workplace benefit plans or employment contracts. Review your benefits booklet and employment contract to confirm what income support applies to your situation.

Can an employer deny or refuse pregnancy leave?

No. Pregnancy leave is a statutory right under the Employment Standards Act, 2000. Where eligibility requirements are met and proper notice is provided, an employer cannot refuse the leave. Refusing pregnancy leave, disciplining an employee for requesting it, or terminating an employee connected to their pregnancy or leave may violate both the ESA and the Ontario Human Rights Code. An employee in this situation may have an ESA reprisal complaint, a human rights complaint based on sex or pregnancy discrimination, and a wrongful dismissal claim.

Your rights on returning from maternity leave

When pregnancy 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 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 maternity leave in Ontario