In Canada, eligible employees can take up to 15 weeks of maternity leave (for birth mothers) plus up to 40 weeks of parental leave (shared between parents). Maternity benefits are paid through Employment Insurance (EI) at 55% of average insurable weekly earnings. Provincial employment standards provide job protection during the leave period.

Statutory entitlement

15 weeks of maternity leave (for birth mothers) plus up to 40 weeks of standard parental leave or 69 weeks of extended parental leave (shared between parents). EI maternity benefits: 15 weeks at 55% of average insurable weekly earnings (maximum $668/week in 2024). EI parental benefits: 35 weeks (standard) or 61 weeks (extended) at 55% or 33% respectively.

Eligibility

600 hours of insurable employment in the 52 weeks before the start of the claim. Provincial job-protected leave typically requires a minimum period of employment (varies by province).

Employer obligations

  • Grant job-protected maternity and parental leave as required by the applicable jurisdiction.
  • Issue EI Record of Employment (ROE) to enable the employee to claim EI benefits.
  • Maintain the employee's position (or an equivalent position) during the leave.
  • Continue benefit plan contributions during the leave if the employee continues to pay their share.
  • Not dismiss or subject the employee to reprisal for taking maternity or parental leave.

Employee rights

  • Right to up to 15 weeks of maternity leave plus parental leave.
  • Right to EI maternity and parental benefits.
  • Right to return to the same or an equivalent position after leave.
  • Right to continue benefit plan contributions during the leave.

Common pitfalls

  • Confusing EI benefits with employer pay — EI benefits are paid by the federal government, not by the employer.
  • Not continuing benefits during the leave — employers must continue pension, health, and disability plan contributions if the employee continues to pay their share.
  • Not distinguishing between maternity leave (birth mothers only) and parental leave (available to both parents).

How maternity and parental leave work together

Maternity leave is available only to birth mothers and can start up to 13 weeks before the expected due date. Parental leave is available to both parents and can be taken after maternity leave. Parents can choose standard benefits (40 weeks shared at 55%) or extended benefits (69 weeks shared at 33%).

EI benefits

EI maternity benefits are 15 weeks at 55% of average insurable earnings. EI parental benefits are either 35 weeks at 55% (standard) or 61 weeks at 33% (extended). The total combined leave for both parents cannot exceed the maximum weeks.

Provincial job protection

Each province provides job-protected leave that corresponds to the EI benefit period. For example, Ontario provides up to 17 weeks of pregnancy leave and 61 weeks of parental leave. Employers must comply with the applicable provincial standards.

Frequently asked questions

Can both parents take parental leave at the same time?

Yes. Both parents can take parental leave concurrently. The total parental leave available to both parents is 40 weeks (standard) or 69 weeks (extended).

Does the employer pay maternity benefits?

No. EI maternity and parental benefits are paid by the federal government through Service Canada. Some employers offer top-up benefits as part of their employment package.

What happens to benefits during maternity leave?

Employers must continue benefit plan contributions (pension, health, disability) during maternity and parental leave if the employee continues to pay their share of contributions.

Sources

This page is provided for general guidance and does not constitute legal advice. Always check the cited primary source for current law before making employment decisions.