Paternity Leave Ontario Explained
In Ontario, parents have the opportunity to take a job-protected leave of absence, commonly known as ‘parental leave,’ following the birth or adoption of their child. This includes Paternity leave, specifically designed for fathers, which is increasingly referred to as ‘Men’s Maternity Leave.’ Both terms reflect the evolving understanding and support for fathers who want to take an active role in the early stages of their child’s life, emphasizing their importance in the broader context of parental leave.
Legal Framework
Parental leave in Ontario is governed by the Employment Standards Act, 2000 (ESA), while parental benefits are regulated by the federal Employment Insurance Act (EI).
ESA Parental Leave – up to 63 Weeks
Under the ESA, both new parents, including birth parents, adoptive parents, or those in a permanent relationship with a parent, are entitled to parental leave. Fathers can take up to 63 weeks of job-protected parental leave, beginning within 78 weeks of the child’s birth or adoption.
EI Parental Benefits – up to 61 Weeks
The EI program provides standard and extended options for parental benefits. The standard option offers 40 weeks of parental leave within 12 months, paid at 55% of average insurable earnings. The extended option allows 69 weeks within 18 months, with parental leave paid at 33% of average insurable earnings.
Paternity Leave Entitlements Table
| Program | Weeks Entitled | Payment Rate | Additional Information |
|---|---|---|---|
| ESA Parental Leave | Up to 63 weeks | Unpaid | Begins within 78 weeks of birth/adoption; applies to all parents |
| EI Standard Option | Up to 40 weeks | 55% of earnings, up to $650/week | Must be taken within 12 months of birth/adoption |
| EI Extended Option | Up to 69 weeks | 33% of earnings, up to $390/week | Must be taken within 18 months of birth/adoption |
Paternity Leave vs. Parental Leave
While parental leave encompasses time off for both parents after the birth or adoption, paternity leave specifically caters to fathers.
“Parent” According to the ESA
The ESA defines “parent” broadly, including birth parents, adoptive parents, and individuals in permanent relationships with a parent of the child, intending to treat the child as their own.
Qualifying for Parental Leave in Ontario
New parents qualify for parental leave in Ontario if employed by an ESA-covered employer for at least 13 weeks before commencing leave.
Employment Rights for Parents Taking Paternity Leave
Reinstatement: Employees taking paternity leave are entitled to return to their previous or a comparable job, with at least the same pay.
Free From Penalty: Employers cannot penalize employees for taking or planning paternity leave, considered a reprisal.
Participating in Benefit Plans: Employees retain the right to participate in employer benefit plans during paternity leave.
Recognizing Tenure: Employees continue to earn tenure credits during paternity leave, ensuring continuity.
Seek Legal Guidance with Achkar Law
Understanding paternity leave in Ontario does not have to be an effort. If you have questions, concerns, or need personalized legal advice regarding paternity leave, our team at Achkar Law is here to assist you. Your rights matter, and we are dedicated to ensuring you have the information you need.
Do not hesitate to reach out. Call Achkar Law today to speak with our experienced employment lawyers. Your path to understanding and securing paternity leave rights starts here.
Contact Achkar Law
Toll-free: 1 (800) 771-7882
Email: [email protected]
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Related
Leave of Absence in Ontario: Explained
Maternity Leave in Ontario: A Guide
