Pregnancy and Parental Leave in Ontario: How Long You Get
Ontario gives new parents job-protected leave: up to 17 weeks of pregnancy leave and up to 61 or 63 weeks of parental leave. Here is exactly who gets what.
Key takeaways
- Pregnancy leave is up to 17 weeks of unpaid, job-protected time off.
- Parental leave is up to 61 weeks if you took pregnancy leave, or 63 weeks if you did not.
- These leaves are job-protected: you are entitled to return to your job or a comparable one.
- The leave itself is unpaid; the money side is EI benefits, which is separate and federal.
- Being dismissed, demoted, or penalized for taking the leave can be discrimination.
In this article
New and expecting parents in Ontario have strong, specific rights to time off, but the pieces get confused easily: the leave itself, how long it lasts, and the money are three different things. Here is exactly how much job-protected leave the Employment Standards Act gives you, and how it fits together with EI.
✅Quick answer. Under the ESA, a pregnant employee can take up to 17 weeks of pregnancy leave. After that, parental leave is up to 61 weeks for an employee who took pregnancy leave, or up to 63 weeks for an employee who did not. Both are unpaid but job-protected, so you are entitled to return to your old job or a comparable one. Any income during the leave comes from EI, which is a separate federal program.
How long is pregnancy leave?
Pregnancy leave under the ESA is up to 17 weeks. To be eligible, you generally must have started employment at least 13 weeks before your due date. The leave can usually begin as early as 17 weeks before the due date, and there are rules about when it must start around the birth. Only the person who is pregnant takes pregnancy leave; parental leave is what is available to the other parent and to adoptive parents.
How long is parental leave?
Parental leave is the larger block, and its length depends on whether you also took pregnancy leave:
- Up to 61 weeks of parental leave if you are an employee who took pregnancy leave.
- Up to 63 weeks of parental leave if you did not take pregnancy leave (for example, the other parent, or an adoptive parent).
Parental leave must generally begin within 78 weeks of the child being born or coming into your care. Both parents can take parental leave, and the eligibility rule is similar: you generally must have been employed at least 13 weeks before starting.
Is the leave paid?
The ESA leave itself is unpaid. What you receive during it is Employment Insurance (EI) maternity and parental benefits, a separate federal program with its own eligibility and its own choice between standard and extended benefit options. Some employers also offer a top-up on top of EI, but that is a contractual perk, not an ESA requirement. The key point is that the job protection (ESA) and the income (EI) are two different systems.
Your job is protected
This is the part that matters most legally. Taking pregnancy or parental leave is a protected right. Your employer cannot dismiss you, demote you, cut your pay, or otherwise penalize you for taking it, and at the end of the leave you are entitled to be reinstated to the position you held or a comparable one at no less than your previous pay. A dismissal or demotion connected to the leave can be a discriminatory termination with human rights damages on top of severance.
What should you do?
- 1.Give your employer the required written notice before starting each leave (generally at least two weeks).
- 2.Keep records of your leave dates and your return-to-work arrangements.
- 3.Apply for EI benefits separately, and check whether your employer offers a top-up.
- 4.If you are let go, demoted, or sidelined around your leave, get advice. A free review can tell you if it was unlawful.
For the broader ESA framework see your rights under the Employment Standards Act. If your job changed or ended around your leave, see fired during or after maternity leave and severance pay in Ontario.
Frequently asked questions
How long is maternity leave in Ontario?
Pregnancy leave is up to 17 weeks under the ESA, followed by parental leave of up to 61 weeks if you took pregnancy leave. Both are unpaid but job-protected; EI provides the income separately.
How long is parental leave in Ontario?
Up to 61 weeks if you took pregnancy leave, or up to 63 weeks if you did not (for example the other parent or an adoptive parent). It must generally begin within 78 weeks of the birth or placement.
Is pregnancy or parental leave paid?
The ESA leave itself is unpaid. Income during the leave comes from EI maternity and parental benefits, a separate federal program, plus any top-up your employer chooses to offer.
Can I be fired for taking parental leave?
No. The leave is job-protected. You cannot be dismissed, demoted, or penalized for taking it, and you are entitled to return to your old job or a comparable one. A dismissal tied to the leave can be discrimination.
Carmen Reyes
Legal Writer, Mirza Law
Carmen Reyes is a legal writer at Mirza Law in Toronto. She writes about constructive dismissal, workplace changes, and how Ontario employees can protect themselves when their job changes under them.
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