Understanding Parental Leave in Ontario: Eligibility, Benefits & How to Apply
Bringing a child into the world is a significant life event, and for many parents, understanding maternity and parental leave entitlements is essential. Whether you're expecting your first child or adding another to your family, knowing your rights and benefits can help you plan your time away from work with confidence. This guide provides an overview of maternity and parental leave in Ontario, covering eligibility, available benefits, and the application process.
Maternity and Parental Leave: What’s the Difference?
Before diving into the details, it’s important to differentiate between maternity leave and parental leave:
Maternity Leave: Available only to birth mothers, this leave is designed to allow recovery from childbirth and bonding with the newborn.
Parental Leave: Available to both parents, this allows time to care for and bond with a new child, whether biological or adopted.
Both types of leave are job-protected under the Ontario Employment Standards Act (ESA), meaning your employer must allow you to return to your job (or a comparable one) after your leave ends.
Eligibility for Maternity and Parental Leave
To qualify for leave under Ontario law, you must meet the following criteria:
You must be employed in Ontario and covered under the ESA.
You must have started employment at least 13 weeks before your due date or the child’s arrival.
You must provide notice to your employer before taking leave.
For federal benefits, additional criteria apply, such as working a certain number of insurable hours.
How Long is Maternity and Parental Leave in Ontario?
Maternity Leave (Birth Mothers Only)
Length: Up to 17 weeks.
When It Can Start: As early as 12 weeks before the due date and no later than the birth date.
Parental Leave (Both Parents, Including Adoptive Parents)
Birth mothers: Up to 61 weeks (if they also took maternity leave).
Other parents (including fathers and adoptive parents): Up to 63 weeks.
Must start within 78 weeks (about 18 months) of the child’s birth or placement for adoption.
Parental Benefits: What You Can Receive
While the ESA provides job protection, maternity and parental benefits are paid through Employment Insurance (EI), a federal program administered by the Government of Canada.
Types of Benefits Available
Maternity Benefits (For Birth Mothers Only)
Covers up to 15 weeks.
Benefit rate: 55% of your average weekly earnings, up to a maximum amount (updated annually).
Parental Benefits (For All Eligible Parents)
Two options available:
Standard Parental Benefits: Up to 40 weeks, with one parent eligible for a maximum of 35 weeks (at 55% of earnings).
Extended Parental Benefits: Up to 69 weeks, with one parent eligible for a maximum of 61 weeks (at 33% of earnings).
A parent must decide whether to take standard or extended benefits when applying, and the decision cannot be changed later.
EI Benefit Eligibility Requirements
To qualify for EI maternity or parental benefits, you must:
Have worked at least 600 insurable hours in the previous 52 weeks.
Have had a reduction of at least 40% in your weekly earnings.
Apply for benefits within four weeks of stopping work.
How to Apply for Maternity and Parental Benefits
Step 1: Notify Your Employer
You must provide at least two weeks’ written notice to your employer before starting leave. Some workplaces may require more notice, so check your employment contract or policies.
Step 2: Apply for EI Benefits
You can apply for EI benefits online through Service Canada as soon as you stop working. You’ll need:
A Record of Employment (ROE) from your employer;
Your Social Insurance Number (SIN); and,
Identification and banking information for direct deposit.
Step 3: Wait for Approval
After submitting your application, Service Canada will review it. There is usually a one-week waiting period before benefits begin. You’ll need to complete reports (if required) to continue receiving payments.
Frequently Asked Questions
Can Both Parents Take Leave?
Yes! Parents can share parental leave, and some benefits may increase if both parents apply (e.g., an additional 5 weeks for standard parental leave).
What If I Am Self-Employed?
Self-employed individuals can access EI benefits if they have opted into the EI program at least 12 months prior and meet other eligibility criteria.
What Happens If I Decide to Return to Work Early?
You can return early, but you must notify your employer. If receiving EI benefits, returning to work before your approved leave ends may affect your payments.
Navigating maternity and parental leave in Ontario doesn’t have to be overwhelming. Understanding your rights and benefits can help you make informed decisions for your growing family. For the most up-to-date information, check the Government of Ontario and Service Canada websites. If you have specific concerns, consulting a legal professional or employment advisor can also provide clarity.
Wishing you and your family all the best!
