Some of you may be considering coming to Canada pregnant yourself, with a pregnant spouse or just with plans for a family in the short to medium term. In this case, it is essential to understand how maternity and parental leaves work in Canada and Ontario to adequately prepare for your arrival.
Canada is known (and rightly so) for offering a very generous leave policy for childbirth or adoption. Two types of leaves coexist and accumulate: maternity leave for women giving birth and parental leave for parents adjusting to their new life.
Maternity Leave
Pregnant employed women are entitled to a maternity leave of 17 weeks, sometimes longer. During this time, they will receive an allowance paid by employment insurance (in 2023, this allowance represents 55% of your earnings, up to a maximum of $650 per week). Some employers add an additional payment so that the person on maternity leave receives 80% or even 100% of their salary, but they are not obligated to do so.
Parental Leave
All new parents (mothers and fathers) are entitled to parental leave upon the birth or adoption of their child. Mothers who first take maternity leave can also benefit from a parental leave of up to 61 weeks. Other new parents are entitled to parental leave of up to 63 weeks.
You can use your parental benefits at different times, but they must be taken within specific periods that begin either on your child's birth week or the week you adopt your child.
These periods are:
Standard duration: up to 52 weeks (12 months)
Extended duration: up to 78 weeks (18 months)
Like maternity leave, parental leave entitles you to an allowance from employment insurance, which varies depending on whether you choose standard or extended parental leave:
For standard parental leave of a duration less than or equal to 52 weeks, this allowance represents 55% of your earnings, up to a maximum of $650 per week (in 2023). Some employers add an additional payment so that the person on parental leave receives 60%, 80%, or even 100% of their salary, but they are not obligated to do so.
For extended parental benefits, the allowance is 33% of your weekly earnings, up to a maximum of $390 per week (in 2023). Again, some employers add an additional payment so that the person on parental leave receives 60%, 80%, or even 100% of their salary, but they are not obligated to do so.
Using Both Types of Leave
Parental leave differs from maternity leave. Only women who have given birth can take maternity leave. They can, of course, also take parental leave afterward. Parental leave can be taken by the partner in parallel with maternity leave, allowing both parents to enjoy the first months of parenthood. You can also choose to split parental leave between both partners: one taking the first months and the other taking the remaining months.
Your Rights
During their leave, employees can maintain certain social benefits and retain their seniority. Generally, they must return to work at the end of maternity or parental leave. Employers cannot penalize employees taking maternity or parental leave, considering taking it, or eligible to take it. The employer is obligated to find the employee an equivalent position upon their return to the company.
During maternity or parental leave, the employee has the right, if they wish, to remain enrolled in certain social benefits offered by the employer, such as:
a pension plan;
a life insurance plan;
a dental care plan.
The employer must continue to pay their share of contributions for these plans unless the employee informs them in writing that they will not continue to pay their share. In general, the employee must continue to pay their share of contributions to remain enrolled in these plans. For more details, consult the Ontario website.
Example
To make things concrete, let's take the example of Alex and Taylor:
Alex and Taylor are a couple, and Taylor is expecting a child on June 1, 2023.
Taylor is employed with an annual salary of $75,000. Her employer also offers a maternity leave allowance covering 80% of her salary.
Alex is also employed with an annual salary of $50,000. His employer does not have a specific parental leave policy.
Taylor has decided to start her maternity leave two weeks before the expected due date, from May 15, 2023, to September 15, 2023. During this period, she will receive an employment insurance allowance of $650 per week, or $1,300 every two weeks. In addition to that, Taylor's employer voluntarily pays her a maternity leave allowance so that she receives a total of 80% of her salary ($80,000), which is $3,077 every two weeks. The employer's allowance represents 80% of her salary, or $2,462 per week. Therefore, her employer will pay her $1,162 every two weeks so that her total allowance (employment insurance + employer's allowance) reaches $2,462, or 80% of her salary.
Taylor and Alex have decided to take a standard parental leave of 12 months, which they will split equally, taking 6 months each.
Alex has chosen to take 6 months of parental leave starting from the birth of their child, from June 1, 2023, to December 1, 2023. He will receive an employment insurance allowance equivalent to 55% of his salary, or $1,056 every two weeks. Since Alex's employer does not have a parental leave policy, he will not receive anything else during the 6 months of his parental leave.
At the end of her maternity leave, Taylor will start her parental leave for a duration of 6 months, from September 15, 2023, to March 15, 2024. She will receive an employment insurance allowance of $650 per week, or $1,300 every two weeks. Taylor's employer does not offer an additional allowance for parental leave, so Taylor will only receive the employment insurance allowance.
​ | Gross Salary (2 weeks) | Gross Salary (2 weeks) | Gross Salary (2 weeks) |
Timeline | Taylor | Alex | Total |
Before May 15, 2023 | $3,077 (full salary) | $1,923 (full salary) | $5,000 |
May 15 to June 1, 2023 | $2,462 | $1,923 (full salary) | $4,385 |
June 1 to September 15, 2023 | $2,462 | $1,056 | $3,518 |
September 15 to December 1, 2023 | $1,300 | $1,056 | $2,356 |
December 1, 2023 to March 15, 2024 | $1,300 | ​$1,923 (full salary) | $3,223 |
After March 15, 2024 | $3,077 (full salary) | $1,923 (full salary) | $5,000 |
You can find even more details directly on the Ontario website.
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