Time Off in Canada to Have or Parent a Child

In Canada, workers who are having a baby, recovering from birth, or welcoming a new child by birth or adoption can normally take

job-protected time off

and may qualify for

income support

through federal Employment Insurance (EI) or Quebec’s provincial program.

This guide explains how those leaves work, how they interact with your pay and benefits, and practical steps to take before and after your child arrives.

1. The Two Systems You Need to Understand

When planning time off to have or parent a child in Canada, there are two different legal frameworks at play:

• Employment standards laws (federal or provincial/territorial) that give you the right to take unpaid, job-protected leave from your employer.
• Income support programs that may pay you while you are away, mainly EI maternity and parental benefits, or Quebec’s parental insurance plan.

These systems are related but separate. You can be:

• Entitled to leave from your job even if you do not qualify for EI benefits.
• Eligible for EI benefits even if your employer offers you additional top-up pay while you are away.

Your rights under each system will depend on where you live and work, how long you have been employed, and how many insurable hours you have worked.

2. Types of Leave: Maternity, Parental, and Other Options

Canadian law uses several terms for different kinds of leave when a child arrives.

2.1 Maternity (Pregnancy) Leave

Maternity leave (also called pregnancy leave in some provinces) is designed for the person who is pregnant or has just given birth.

• Available only to the birthing parent, not to partners.
• Typically begins before or immediately after the birth.
• Duration under employment standards varies by province (for example, about 15–17 weeks in many jurisdictions; Alberta allows 16 weeks).

EI maternity benefits can provide up to 15 weeks of income support at 55% of your average weekly insurable earnings, up to a federal weekly maximum.

2.2 Parental Leave

Parental leave is available to parents of a newborn or newly adopted child and is usually open to both parents.

• Available to birth mothers, non-birthing partners, adoptive parents, and often same-sex parents.
• Can usually be shared between parents or taken by just one parent.
• Length under employment standards law typically ranges from about 35 to over 60 weeks, depending on the jurisdiction.

Under EI, parents must choose between:

EI benefit type	Maximum weeks payable	Shareable?	Income replacement rate
Standard parental	Up to 40 weeks total; one parent can receive at most 35 weeks.	Yes, between parents.	Approx. 55% of average weekly insurable earnings, up to a federal maximum.
Extended parental	Up to 69 weeks total; one parent can receive at most 61 weeks.	Yes, between parents.	Approx. 33% of average weekly insurable earnings, up to a lower weekly maximum.

These EI benefits are separate from, but designed to complement, the unpaid parental leave you get under employment standards legislation.

2.3 Paternity and Other Partner-Specific Leave

Some jurisdictions and programs set aside weeks specifically for the non-birthing parent, commonly referred to as paternity leave or “daddy days.”

• Under the EI system, federal rules allow a share of parental weeks for partners, and some reforms added dedicated weeks for the second parent.
• Quebec’s provincial plan offers its own paternity benefit for fathers or second parents, separate from maternity and parental benefits.

Although not every province uses the term “paternity leave” in its legislation, most new fathers or second parents can take parental leave under employment standards, and can qualify for EI parental benefits if they meet the eligibility rules.

3. Job Protection: Your Employment Rights While on Leave

Employment standards laws make it illegal for most employers to penalize you for taking protected leave related to pregnancy or parenting.

3.1 Eligibility for Job-Protected Leave

To qualify for leave from your employer, you typically must:

• Work in a province, territory, or under federal jurisdiction where the employment standards act covers your position.
• Have been employed for a minimum period before the leave begins, such as 13 weeks in Ontario or 90 days in Alberta.
• Give your employer proper notice of your intended leave dates, unless an emergency (such as a sudden early birth) makes this impossible.

Exact requirements and notice rules differ by jurisdiction, so it is important to check your local employment standards guide or speak with a legal information service.

3.2 What “Job-Protected” Means

Job protection usually includes the right to:

• Return to the same position, or if that is not possible, a comparable role with similar pay and responsibilities.
• Continue to accumulate certain benefits and length of service while away, depending on local law.
• Be free from retaliation for choosing to take leave, including termination or demotion based on pregnancy or parental responsibilities.

However, employment standards legislation does not always require employers to pay you during leave unless your employment contract, collective agreement, or company policy says otherwise.

4. Getting Paid: EI Maternity and Parental Benefits

While employment standards law protects your position, the federal Employment Insurance program (or Quebec’s provincial plan) may provide income support when you are away from work to have or parent a child.

4.1 EI Maternity Benefits

• Available only to the person who is pregnant or who has recently given birth.
• Provide up to 15 weeks of benefits at about 55% of average weekly insurable earnings, up to a maximum weekly amount.
• Can usually start as early as several weeks before the expected due date.

Once maternity benefits end, the same parent may be able to transition directly to parental benefits if they still meet the eligibility rules.

4.2 EI Parental Benefits

Parents can choose between standard and extended parental benefit options:

• Standard parental benefits – higher weekly rate (around 55%), but fewer weeks overall (up to 40 shared weeks).
• Extended parental benefits – lower weekly rate (around 33%), but more weeks overall (up to 69 shared weeks).

The total weeks can be shared between parents, subject to per-parent caps.

4.3 General Eligibility for EI Benefits

To qualify for EI maternity or parental benefits, you generally must:

• Have paid EI premiums through your employment (usually deducted from your paycheque).
• Have accumulated enough recent insurable hours (for example, historically at least around 600 hours within the qualifying period, although exact thresholds can change over time).
• Experience a reduction in your normal weekly earnings of at least a set percentage because you are away from work to care for a newborn or newly adopted child.

You also need to apply for EI, submit any required documents, and report changes such as returning to work earlier than planned.

4.4 Quebec’s Provincial Plan

Quebec runs its own program, the

Quebec Parental Insurance Plan (QPIP)

, which replaces EI maternity and parental benefits for most workers in that province.

• QPIP offers maternity, paternity, parental, and adoption benefits, with its own set of weeks and benefit rates.
• Parents choose between basic and special plans, which balance duration and benefit level differently than EI.

If you work in Quebec, you would usually apply through the provincial program rather than EI.

5. Common Scenarios for Parents

Parents can structure their time off in different ways, depending on their family’s needs and financial situation. Below are simplified examples for illustration only; always check current official rules before making decisions.

5.1 Birth Mother Taking Both Maternity and Parental Leave

One common pattern is that the birthing parent:

• Takes job-protected maternity leave shortly before the birth.
• Receives EI maternity benefits for up to 15 weeks.
• Then continues directly into parental leave, choosing either standard or extended EI parental benefits.

The total time away from work can often approach a year or sometimes longer, depending on the chosen parental benefit option and provincial leave limits.

5.2 Sharing Parental Leave Between Partners

Another common option is for both parents to share the available parental leave and EI weeks.

• One parent (often the birth mother) uses all or most of the maternity benefit weeks.
• The parents then divide the EI parental benefit weeks between them, so both take time off work.
• Some programs provide extra weeks specifically for the second parent, which are lost if that parent does not use them.

Sharing leave can help both parents bond with the child and support each other’s return to work planning.

5.3 Adoption and Non-Birthing Parents

Adoptive parents and non-birthing parents are usually not eligible for maternity benefits, but they can often access parental leave and EI parental benefits if they meet the criteria.

• They can typically take the same length of parental leave as other new parents under employment standards law.
• EI parental benefits can be claimed starting from the week the child is placed with the family for adoption.

6. Practical Steps Before Taking Leave

There is usually a lot to organize before you leave work for an extended period. The following checklist can help you prepare.

6.1 Confirm Your Legal Entitlements

• Determine whether your job is covered by provincial, territorial, or federal employment standards.
• Review your local rules on how long you must have worked for your employer to qualify for leave (for example, 13 weeks in Ontario or 90 days in Alberta).
• Check the maximum length of maternity and parental leave available in your jurisdiction.

6.2 Review EI or QPIP Eligibility

• Estimate your insurable hours in the relevant period to see if you meet EI or QPIP thresholds.
• Decide whether standard or extended EI parental benefits make more sense for your family budget.
• Gather supporting documents you will need to apply, such as your Record of Employment and proof of birth or adoption when requested.

6.3 Talk to Your Employer

• Check your employment contract, employee handbook, or collective agreement for any extra benefits, such as top-up pay or extended health coverage during leave.
• Give written notice of your planned start date and expected return date, following the notice periods required by law and by your employer.
• Discuss how your work will be covered, and arrange any handover needed.

6.4 Plan Your Finances

• Create a budget based on the income you expect to receive from EI, your partner’s income, and any employer top-up.
• Consider whether you want to spread benefits over a longer period at a lower rate (extended parental) or over a shorter period at a higher rate (standard parental).

7. Frequently Asked Questions

Do I get paid by my employer while on maternity or parental leave?

Employment standards laws generally do not require employers to pay wages during maternity or parental leave, although the leave itself is job-protected. Some employers voluntarily offer

top-up

pay to supplement EI benefits, so you should review your contract and company policies.

Can my employer refuse to let me take leave?

If you meet the legal eligibility requirements and provide the required notice, your employer must allow you to take statutory pregnancy or parental leave and must reinstate you at the end of your leave. Employers are not permitted to punish you for exercising this right.

What if I am self-employed?

Self-employed individuals are not automatically covered by regular EI rules, but may be able to participate in special EI programs by registering and paying premiums in advance, or in Quebec, by being covered under QPIP. You should check the current federal or Quebec rules for self-employed coverage.

Can I change from standard to extended parental benefits later?

Under EI rules, parents must choose either standard or extended parental benefits when they apply, and this choice is generally final for that claim. Because you usually cannot switch later, it is important to compare both options before applying.

Do I have to take all my parental leave at once?

Employment standards laws may require that you take your statutory parental leave in a single continuous block. However, EI parental benefits do not always need to be paid consecutively, as long as they are taken within the overall timeframe (for example, within 52 weeks for standard or 78 weeks for extended benefits). You must still check your province’s rules about how leave itself can be taken.

What if I do not qualify for EI but still need time off?

You may still be eligible for unpaid, job-protected leave under employment standards even if you do not qualify for EI benefits. In that case, you would need to rely on savings, partner income, or other supports while away. Community legal clinics or family resource centres may help you identify any additional supports that might be available.