Paternity leave in Canada provides eligible parents 5 weeks of standard Employment Insurance (EI) parental benefits, or 8 weeks of extended benefits, following the birth or adoption of a child. The leave itself is job-protected under provincial employment standards legislation, while the benefits are paid through the federal EI program.
This guide covers Canadian paternity leave: the 5-week standard benefit, the 8-week extended option, eligibility criteria, the EI application process, provincial leave rules, and employer obligations.
Key takeaways
- Eligible parents can claim 5 weeks of standard EI parental benefits (or 8 weeks of extended benefits) following the birth or adoption of a child.
- Standard benefits are paid at 55% of average weekly insurable earnings, capped at $695 per week (2026). Extended benefits are paid at 33% of average weekly insurable earnings.
- The job-protected leave varies by province — most provinces provide 61–63 weeks of parental leave.
- Benefits can be shared between parents — the total standard allocation is 35 weeks, extended is 61 weeks.
- The 5-week paternity allocation is use-it-or-lose-it — if one parent does not use their 5 weeks, the other parent cannot claim it.
The 5-week standard parental benefit
Canada’s parental leave system under the Employment Insurance Act provides 5 weeks of standard parental benefits to each parent. This is sometimes called “paternity leave” but is technically a gender-neutral parental benefit — both mothers and fathers can claim it.
| Detail | Standard | Extended |
|---|---|---|
| Duration per parent | 5 weeks | 8 weeks |
| Total household allocation | 35 weeks | 61 weeks |
| Benefit rate | 55% of insurable earnings | 33% of insurable earnings |
| Weekly maximum | $695 (2026) | $417 (2026) |
| Waiting period | 1 week | 1 week |
| When claimed | Within 12 months of birth/adoption | Within 12 months of birth/adoption |
The 5-week allocation is the “use-it-or-lose-it” component — if one parent does not claim their 5 weeks, the other parent cannot transfer or claim those weeks. This provision encourages both parents to take leave.
Eligibility criteria
To qualify for EI parental benefits, the parent must meet the following conditions:
- Insurable employment — the parent must have been employed in insurable work and paid EI premiums.
- Minimum hours worked — in most regions, the parent must have accumulated at least 600 hours of insurable employment in the 52 weeks before the claim. Some regions have a lower threshold of 420 hours.
- EI eligibility — the parent must meet the general EI eligibility criteria, including being available for and actively seeking work (with exceptions for parental leave).
- Canada Revenue Agency (CRA) compliance — the parent must have filed all required tax returns and have a valid Social Insurance Number.
The 600-hour threshold is the most common disqualifier. Part-time workers, gig workers, and self-employed individuals who have not opted into the EI program may not meet the threshold.
How the benefit is calculated
EI parental benefits are calculated based on the parent’s average weekly insurable earnings over the best 14–22 weeks of the last 52 weeks (or since the last claim).
The calculation:
- Determine the best weeks — select the 14–22 weeks with the highest insurable earnings in the last 52 weeks.
- Calculate the average — divide total insurable earnings in those weeks by the number of weeks.
- Apply the rate — multiply the average by 55% (standard) or 33% (extended).
- Apply the cap — the benefit cannot exceed $695 per week (standard) or $417 per week (extended).
For example, a parent earning $1,200 per week would receive $695 per week (the maximum), not $660 (55% × $1,200), because the benefit is capped.
The application process
The application process involves both Service Canada and the employer:
- Parent notifies the employer — provide the expected date of birth and the intended leave dates.
- Employer issues a Record of Employment (ROE) — the employer issues a ROE within 5 days of the parent’s last day of work.
- Parent applies for EI — submit the application through Service Canada’s online portal or by phone.
- Service Canada processes the claim — verifies eligibility, calculates the benefit, and begins payments.
- Parent receives payments — bi-weekly payments begin after the 1-week waiting period.
The parent must apply within 4 weeks of the last day of work. Delaying the application results in lost benefits — benefits are not retroactive beyond 4 weeks.
Provincial leave rules
While EI benefits are federal, the job-protected leave is governed by provincial employment standards legislation. Most provinces provide the following:
| Province | Parental leave duration | Notes |
|---|---|---|
| Ontario | 61 weeks | Parental Leave under the Employment Standards Act |
| British Columbia | 61 weeks | Paid and unpaid leave provisions |
| Alberta | 62 weeks | Job-protected leave under the Employment Standards Code |
| Quebec | 65 weeks | Quebec Parental Insurance Plan (separate from federal EI) |
| Manitoba | 63 weeks | The Parental Leave Regulation |
| Saskatchewan | 61 weeks | Saskatchewan Employment Act |
| Nova Scotia | 61 weeks | Labour Standards Code |
| New Brunswick | 62 weeks | Employment Standards Act |
| Others | 61–63 weeks | Varies by jurisdiction |
Quebec is unique — it operates its own Quebec Parental Insurance Plan (QPIP) with different benefit rates, durations, and eligibility criteria. Quebec employers must register with the QPIP rather than the federal EI program.
Employer obligations
Canadian employers have the following obligations:
- Grant parental leave — under provincial employment standards, employers must grant job-protected parental leave when the employee meets the criteria.
- Issue the Record of Employment — the employer must issue a ROE within 5 days of the employee’s last day of work.
- Maintain benefits — some provinces require employers to continue contributing to benefits (pension, health insurance) during the leave.
- Restore the position — the employee must be returned to the same or a comparable position at the end of the leave.
- Not dismiss the employee because of the leave — dismissal during or shortly after parental leave is presumed retaliatory.
Employers are not required to pay the employee’s salary during parental leave unless their policy provides for top-up pay. The EI benefit is the primary source of income replacement.
Worked example
David and Lisa are expecting their first child. The baby is born on 1 November 2026. David applies for 5 weeks of standard parental benefits, and Lisa applies for 30 weeks.
- David’s average weekly insurable earnings are $1,100. His benefit is 55% × $1,100 = $605 per week (below the $695 cap).
- David’s total benefit for 5 weeks is $605 × 5 = $3,025 (after the 1-week waiting period).
- David’s employer does not offer top-up pay, so David relies solely on the EI benefit.
- Lisa claims the remaining 30 weeks of standard benefits, using the household’s 35-week allocation.
If David chooses extended benefits instead:
- David’s benefit rate drops to 33% × $1,100 = $363 per week.
- His total benefit for 8 weeks is $363 × 8 = $2,904.
- Lisa would have 53 weeks of extended benefits remaining (61 – 8 = 53).
Common pitfalls
1. Not claiming within 4 weeks
Benefits must be claimed within 4 weeks of the last day of work. Delaying beyond this window results in lost benefits that are not retroactive.
2. Assuming the 5 weeks transfer between parents
The 5-week (standard) or 8-week (extended) allocation per parent is use-it-or-lose-it. If one parent does not claim their allocation, the other parent cannot use it.
3. Confusing Quebec with federal EI
Quebec employers must register with the QPIP, not the federal EI program. The benefit rates, durations, and eligibility criteria differ. Applying to the wrong program delays the claim.
4. Not issuing the ROE on time
The employer must issue a ROE within 5 days of the employee’s last day. Delays in issuing the ROE delay the employee’s benefit payments and may result in a complaint to Service Canada.
5. Not restoring the position
The employee must be returned to the same or a comparable position. Failure to restore the employee creates a presumption of retaliatory dismissal under provincial employment standards.
Frequently asked questions
How many weeks of paternity leave in Canada?
Each parent can claim 5 weeks of standard EI parental benefits (or 8 weeks of extended benefits). The total household allocation is 35 weeks (standard) or 61 weeks (extended).
Is parental leave paid in Canada?
Yes, through EI. Standard benefits are paid at 55% of average weekly insurable earnings (capped at $695/week). Extended benefits are paid at 33% (capped at $417/week).
Does the employer pay for parental leave?
The employer is not required to pay the employee’s salary during parental leave unless their policy provides for top-up pay. The EI benefit is the primary source of income replacement.
Can both parents take parental leave?
Yes. Both parents can take parental leave simultaneously or sequentially, but the total household allocation is shared. The 5-week per-parent allocation is use-it-or-lose-it.
What is the waiting period for EI parental benefits?
There is a 1-week waiting period before benefits begin. Benefits are not paid for the first week of the claim.
For more context, see our guide to types of leave and absence management.
Tracking parental leave allocations, EI benefit claims, provincial leave rules, and ROE deadlines across a Canadian workforce is exactly what a leave management system is built for.
Sources
- Employment Insurance Act — Parental Benefits (primary source)
- Service Canada — EI Parental Benefits (government)
- Quebec Parental Insurance Plan (QPIP) (government)
Last updated: 26 July 2026. This article is general information, not legal advice. Confirm current provincial obligations with the relevant employment standards authority or a qualified Canadian employment lawyer.