Maternity leave in Ontario gives pregnant employees the time and protection they need before and after childbirth, while parental leave gives new parents protected time away from work to care for their child. 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 $729/week (2026) — 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 in Ontario
ESA Eligibility
Under Ontario’s ESA, you qualify if:
- You are employed in Ontario, whether full-time, part-time, permanent, or contract.
- Your due date falls at least 13 weeks after you started employment.
- You provide at least two weeks’ written notice before your leave begins, unless circumstances prevent it.
EI Eligibility
To qualify for maternity benefits under EI, you must:
- Have worked at least 600 insurable hours in the past 52 weeks or since your last claim — 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.
- Leave 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 $729 per week (2026) — 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, so check your employment contract or workplace policy.
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 information, 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 job or a comparable job after your leave.
- Continue your benefits and seniority during leave.
- Not penalize, demote, or terminate you for taking maternity or parental leave.
Example: Employees on Maternity Leave Must Still Be Considered During a Business Sale
Ontario courts have confirmed that employees on maternity leave cannot be excluded from employment opportunities during a corporate restructuring or business sale.
In Brandt Tractor Ltd. v. Morasse, 2026 ONSC 992, the Ontario Superior Court upheld a Human Rights Tribunal decision finding discrimination where a purchaser hired most of a company’s employees but failed to contact or interview employees who were on leave, including an employee on maternity leave.
The court confirmed that:
- A successor employer can still be liable for discrimination even if it was not the employee’s original employer.
- An employer may be found to have known, or ought to have known, that a policy excluding employees on leave would negatively affect employees on protected leave.
- Treating all employees on leave the same does not avoid discrimination if the policy has an adverse impact on employees protected by the Human Rights Code.
- A protected ground does not need to be the only reason for the decision. It only needs to be a factor.
This case reinforces that employees on maternity or parental leave must still be fairly considered for employment opportunities when businesses are sold, restructured, or reorganized.
Ontario courts and the Human Rights Tribunal of Ontario have awarded damages when employers penalize employees for taking maternity leave. 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.
FAQs About Maternity Leave in Ontario
How long is maternity leave in Ontario?
Under Ontario’s Employment Standards Act, 2000, eligible employees are entitled to up to 17 weeks of pregnancy leave. Many employees also take parental leave afterwards, which can extend their total job-protected leave to 61–63 weeks (Ontario.ca).
Do you get paid during maternity leave in Ontario?
Maternity leave itself is unpaid. However, many employees receive Employment Insurance (EI) maternity benefits, which provide up to 15 weeks of income support at 55% of average weekly earnings, up to the federal maximum (Canada.ca).
Can you be fired while on maternity leave?
No. Employers cannot terminate, demote, or penalize an employee because they are taking maternity or parental leave. Doing so may violate both the Employment Standards Act and the Ontario Human Rights Code (CLEO).
Can you take both maternity leave and parental leave?
Yes. Under Ontario’s Employment Standards Act, 2000, birth mothers can take up to 17 weeks of pregnancy leave followed by up to 61 weeks of parental leave, for a total of 78 weeks of job-protected leave. Other parents who do not take pregnancy leave may take up to 63 weeks of parental leave.
Do I qualify if I do not have 600 hours for EI?
You may still qualify for unpaid pregnancy leave under Ontario’s Employment Standards Act even if you do not qualify for EI benefits (Ontario.ca).
Can my employer replace me while I’m on maternity leave?
Yes. Employers are allowed to hire a temporary replacement while an employee is on maternity or parental leave. However, when the leave ends, the employee has the right to return to their same job or a comparable position with the same pay, benefits, and seniority under Ontario’s Employment Standards Act, 2000.
If an employer refuses to reinstate an employee after maternity leave or replaces them permanently because of their leave, this may violate the Employment Standards Act and the Ontario Human Rights Code.
What if my job no longer exists after maternity leave?
Under Ontario’s Employment Standards Act, 2000, employees returning from pregnancy or parental leave have a right to be reinstated to their same job, or to a comparable position if their original job no longer exists.
If an employer cannot provide a comparable position because the role was genuinely eliminated, the employee may still be entitled to termination pay, severance pay, or common-law notice, depending on the circumstances.
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.