Maternity leave in Ontario gives new mothers the time and protection they need to recover from childbirth and care for their baby. Under Ontario’s Employment Standards Act, 2000 (ESA), employees are entitled to job-protected leave, while Canada’s federal Employment Insurance (EI) program provides income support.
If your employer refuses to follow these rules, changes your job while you’re away, or terminates you, Monkhouse Law Employment Lawyers can help you enforce your rights.
Maternity vs. Parental Leave in Ontario
Maternity leave and parental leave are different entitlements under the ESA. Many new mothers qualify for both, taken back-to-back.
| Type of Leave | Who Qualifies | ESA Duration | EI Benefits |
|---|---|---|---|
| Maternity Leave | Birth mothers & surrogates | Up to 17 weeks (job-protected, unpaid) — Ontario.ca – ESA Guide | Up to 15 weeks at 55% of average weekly earnings, max $695/week (2025) — Canada.ca – EI Maternity Benefits |
| Parental Leave | Either parent (including adoptive) | Up to 61–63 weeks (job-protected, unpaid) — Ontario.ca – ESA Guide | Up to 40 weeks total shared, with one parent able to take up to 35 weeks — Canada.ca – EI Parental Benefits |
Eligibility for Maternity Leave
ESA Eligibility
Under Ontario’s ESA, you qualify if:
- You are employed in Ontario (full-time, part-time, permanent, or contract).
- You have worked for your employer for at least 13 weeks before your expected due date (Ontario.ca).
- You provide two weeks’ written notice before leave begins.
EI Eligibility
To qualify for maternity benefits under EI, you must:
- Have worked at least 600 insurable hours in the past 52 weeks (Canada.ca).
- Experience a 40% reduction in earnings due to pregnancy or birth.
- Apply through Service Canada.
How Long is Maternity Leave in Ontario?
- Up to 17 weeks of unpaid, job-protected leave under the ESA (Ontario.ca).
- Leave can begin up to 17 weeks before your due date.
- Must begin no later than the date of birth.
- Employees may still qualify for pregnancy leave after a miscarriage or stillbirth (CLEO – Community Legal Education Ontario).
How Much Does Maternity Leave Pay?
- EI maternity benefits: 55% of your average weekly earnings, up to $695 per week (2025) (Canada.ca).
- Benefits last up to 15 weeks.
- There is a 1-week unpaid waiting period before benefits begin.
- Some employers provide a top-up to EI benefits — check your contract.
Applying for Maternity Leave Benefits
To apply for EI maternity benefits:
- Stop working – you must apply after your last day of work.
- Gather documents – SIN, employer info, and your Record of Employment (ROE).
- Apply online through Service Canada.
- Choose between standard or extended parental leave if you plan to combine both.
Your Rights During Maternity Leave
Your employer must (Ontario.ca):
- Reinstate you to your same or a comparable job.
- Continue your benefits and seniority during leave.
- Not penalize, demote, or fire you for taking maternity or parental leave.
⚠️ Ontario courts have awarded damages when employers penalized employees for taking maternity leave — including 12 months’ pay and additional damages for ESA and Canada Labour Code violations. If your employer violates these rules, you may have a wrongful dismissal or human rights claim. Please contact Monkhouse Law Employment Lawyers.
Special Situations
- Pregnancy loss or stillbirth: You may still qualify for ESA pregnancy leave (CLEO – Pregnancy Leave).
- Fathers and non-birthing parents: May take parental leave (up to 61–63 weeks) (Ontario.ca).
- Adoptive parents: Entitled to parental leave under the ESA (Ontario.ca).
Note on Federally Regulated Employees
Not all Ontario employees are covered by the Employment Standards Act, 2000. If you work in a federally regulated industry — such as banking, airlines, telecommunications, railways, or postal services — your maternity and parental leave rights fall under the Canada Labour Code instead of Ontario’s ESA.
👉 See Canada.ca – Maternity and Parental Benefits
If you’re unsure whether you fall under provincial or federal law, check out our list of federally regulated companies in Canada or contact Monkhouse Law Employment Lawyers.
FAQs About Maternity Leave in Ontario
- How long is maternity leave? → Ontario.ca
- Do I get paid during maternity leave? → Canada.ca
- Can I take both maternity and parental leave? → Ontario.ca
- Can I be fired while on maternity leave? → CLEO
- Do I qualify if I don’t have 600 hours for EI? → You may still qualify for unpaid ESA leave (Ontario.ca).
How Monkhouse Law Can Help
Monkhouse Law Employment Lawyers represent employees across Ontario in disputes over maternity and parental leave. We can help if your employer:
- Refuses to grant maternity or parental leave.
- Terminates or demotes you while on leave.
- Pressures you to resign after childbirth.
📞 Book a free 30 minute phone consultation today to protect your rights.