Parental leave has two separate components that are often confused: employment leave (the job-protected time off under employment standards law) and EI parental benefits (the income replacement payments from the federal government). This guide covers the employment leave side — your rights to take time off and have your job protected. For the income, see the EI maternity and parental benefits guide.
The two separate systems
| Employment Leave | EI Benefits | |
|---|---|---|
| What it is | Job-protected leave under employment standards law | Income replacement payment |
| Who provides it | Your employer (mandatory) | Federal government (EI) |
| Governed by | Provincial/federal employment standards | Federal Employment Insurance Act |
| Eligibility | Based on employment relationship | Based on insurable hours (600+ for maternity; 600 for parental) |
| Who qualifies | Any employee (usually after some period) | Insured employees only |
| Duration | Set by employment standards law | Set by EI rules |
| Income | None — leave is unpaid (EI fills the gap) | 55% (standard) or 33% (extended) of earnings |
You can take job-protected leave regardless of whether you qualify for EI benefits. But most parents take both simultaneously.
Parental leave entitlements by province
Federal (Canada Labour Code)
For employees in federally regulated industries (banks, airlines, telecommunications, interprovincial transport):
| Leave type | Duration | Who |
|---|---|---|
| Maternity leave | Up to 17 weeks | Birth mother |
| Parental leave | Up to 63 weeks | Either parent (or shared) |
Both parents can take parental leave simultaneously. The parental leave period overlaps with EI parental benefits (35 weeks standard or 61 weeks extended).
Ontario
Under the Employment Standards Act, 2000:
| Leave type | Duration | Eligibility |
|---|---|---|
| Pregnancy leave | Up to 17 weeks | Birth mother who has worked 13+ weeks |
| Parental leave | Up to 63 weeks | Any new parent who has worked 13+ weeks |
- Birth mothers: can combine pregnancy leave + parental leave = up to 80 weeks off total
- Adoptive and other parents: up to 63 weeks parental leave
- Partners (non-birth parents) can take parental leave simultaneously or sequentially
- Notice required: 2 weeks written notice before leave starts; if early delivery, notice as soon as possible
British Columbia
Under the Employment Standards Act (BC):
| Leave type | Duration | Eligibility |
|---|---|---|
| Maternity leave | Up to 17 weeks | Birth mother with 90+ days of service |
| Parental leave | Up to 62 weeks | Any new parent with 90+ days of service |
- Birth mothers: up to 79 weeks combined
- Notice required: 4 weeks written notice is required
- Unique BC feature: entitled to take leave for up to 6 weeks before the expected birth date
Alberta
Under the Employment Standards Code (Alberta):
| Leave type | Duration | Eligibility |
|---|---|---|
| Maternity leave | Up to 16 weeks | Birth mother with 90+ days of service |
| Parental leave | Up to 62 weeks | Any new parent with 90+ days of service |
- Birth mothers: up to 78 weeks combined
- Notice required: 6 weeks written notice (or as much notice as reasonably practicable)
- Alberta allows leave to begin up to 12 weeks before expected birth date
Quebec
Quebec’s parental leave system is governed by both the Act Respecting Labour Standards and the Quebec Parental Insurance Plan (QPIP) — which is separate from federal EI:
| Leave type | Duration |
|---|---|
| Maternity leave (job protection) | Up to 18 weeks |
| Paternity leave (job protection) | Up to 5 weeks |
| Parental leave (job protection) | Up to 65 weeks |
Quebec employees do not contribute to federal EI for maternity/parental purposes — they contribute to QPIP instead. QPIP provides better replacement rates (up to 75% in the “basic plan”) and more flexible leave options than federal EI, including a higher paternity-specific benefit that encourages fathers to take leave.
See the QPIP guide for Quebec-specific details.
Manitoba
- Maternity leave: up to 17 weeks
- Parental leave: up to 63 weeks
- Combined: up to 80 weeks for birth mothers
- Requires 7 continuous months of employment before due date
Saskatchewan
- Maternity leave: up to 18 weeks
- Adoption leave: up to 18 weeks
- Parental leave: up to 37 weeks (shorter than most provinces — uses the old standard)
- Notice required: 6 weeks
Nova Scotia
- Maternity leave: up to 17 weeks (with 1 year of service)
- Parental leave: up to 77 weeks (combined with maternity, birth mothers can take up to 77 weeks total)
- Notice required: 4 weeks
New Brunswick, PEI, Newfoundland
- Parental leave generally aligns with the federal EI schedule: up to 61–63 weeks depending on province
- Maternity/pregnancy leave: up to 17 weeks
- Eligibility periods vary (typically 6–12 months of employment)
Your rights when you return
Every Canadian employment standards law requires the employer to reinstate you to:
- The same position you held before leave, or
- A comparable position with at least equivalent pay, benefits, and terms of employment
Employers cannot:
- Terminate you because you took or announced parental leave
- Demote you on return
- Cut your pay or benefits
- Count parental leave as a negative in performance reviews or promotion decisions
This protection is also enforced under the Canadian Human Rights Act (for federally regulated employers) and every provincial human rights code — pregnancy and family status are protected grounds.
If your job is eliminated during your leave due to a genuine restructuring, the employer must offer you a comparable role. If none exists and your role is genuinely eliminated, severance obligations still apply as they would for any terminated employee — see the wrongful dismissal guide and severance pay guide.
Top-up pay and employer benefits continuation
Employment standards law does not require employers to pay you during parental leave (beyond what is required in specific sectors like some federal contracts). Most employees rely on EI benefits for income. However:
- Many employers voluntarily offer Supplemental Unemployment Benefit (SUB) plans that top up EI to 75–95% of salary for part of the leave
- Group benefits (health, dental, life insurance) typically continue during leave — confirm with your HR department in writing before starting leave
- Pension contributions and seniority continue to accrue during the leave in most provinces
For how much income you can expect and how to make the most of it financially, see the EI maternity and parental benefits guide and how much to save before maternity leave.