In Canada, paternity leave is a specific entitlement for birth fathers and non-birthing partners. It provides up to 5 weeks of Employment Insurance (EI) benefits at 55% of average insurable weekly earnings. Paternity leave must be taken within 78 weeks of the child's birth or placement. Unlike parental leave, which is shared between both parents, paternity leave is reserved exclusively for the non-birthing parent and cannot be transferred to the other parent.

Statutory entitlement

5 weeks of paternity benefits at 55% of average insurable weekly earnings (or up to 3 weeks if choosing extended parental benefits at the standard rate, though most claimers use the standard paternity rate). Must be claimed within 78 weeks of the child's birth. EI eligibility: 600 hours of insurable employment in the 52 weeks before the claim.

Eligibility

600 hours of insurable employment in the 52 weeks before the claim. Available to birth fathers, non-birthing partners, and adoptive parents who are not the birth mother. Provincial job-protected leave may have additional service length requirements.

Employer obligations

  • Grant job-protected paternity leave as required by the applicable provincial or federal employment standards.
  • Issue an EI Record of Employment (ROE) to enable the employee to claim EI paternity benefits.
  • Maintain the employee's position (or an equivalent position) during the leave period.
  • 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 paternity leave.

Employee rights

  • Right to 5 weeks of EI paternity benefits at 55% of average insurable weekly earnings.
  • Right to job protection during the statutory leave period.
  • Right to return to the same or an equivalent position after leave.
  • Right to take paternity leave in addition to shared parental leave.

Common pitfalls

  • Confusing paternity leave with parental leave — paternity leave is a separate, non-transferable entitlement for the non-birthing parent only.
  • Missing the 78-week deadline to claim paternity benefits after the child's birth or placement.
  • Assuming the employer pays paternity benefits — EI benefits are paid by the federal government through Service Canada.
  • Not issuing the ROE promptly — employers must issue the Record of Employment within five days of the interruption of earnings.

How paternity leave differs from parental leave

Paternity leave is a specific 5-week entitlement for the non-birthing parent, paid at 55% of insurable earnings. Parental leave is a shared entitlement between both parents (up to 40 weeks standard or 69 weeks extended). Paternity leave is taken in addition to the shared parental leave — a non-birthing parent can take both paternity and parental leave, subject to the combined parental maximum.

EI paternity benefits

EI paternity benefits provide 5 weeks of coverage at 55% of average insurable weekly earnings, up to the annual maximum. The claim must be submitted within 78 weeks of the child's birth or placement. Paternity benefits are part of the EI parental benefits program and require the same 600 hours of insurable employment. The non-birthing parent applies through Service Canada.

Provincial job protection

Provincial employment standards provide job-protected leave that corresponds to the EI paternity benefit period. Quebec provides its own Paternity Leave under the Quebec Parental Insurance Plan (QPIP) with different durations and rates. Federally regulated employees are covered under the Canada Labour Code Part III.

Frequently asked questions

Can paternity leave be transferred to the birthing parent?

No. Paternity leave is reserved exclusively for the non-birthing parent and cannot be transferred or shared.

Can the non-birthing parent take both paternity leave and parental leave?

Yes. Paternity leave (5 weeks) is taken in addition to the shared parental leave. The non-birthing parent can claim paternity benefits and parental benefits, subject to the combined parental maximum.

Do all provinces recognize paternity leave?

All provinces provide job protection for parental leave, which covers the non-birthing parent. Quebec has a distinct paternity leave under QPIP. The EI paternity benefit is available nationwide.

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.