Maternity & parental leave rights.

Pregnancy & Parental Leave in Ontario

Your rights, in short

Ontario employees who take pregnancy or parental leave are generally entitled to protected time away from work, continued participation in certain benefit plans, continued seniority, and reinstatement when their leave ends. Employers are also prohibited from penalizing an employee because they are pregnant, may become pregnant, take a protected leave, or ask questions about their leave rights.

These protections arise primarily under Ontario's Employment Standards Act, 2000 (the “ESA”) and the Ontario Human Rights Code (the “Code”). A termination, demotion, or other disadvantage connected to pregnancy or parental leave may also lead to a wrongful dismissal, human rights, and/or employment standards claim.

Is “maternity leave” the same as pregnancy leave?

The phrase “maternity leave” is commonly used, but the ESA formally refers to pregnancy leave and parental leave. Pregnancy leave is available to an employee who is pregnant; parental leave is available to eligible new parents.

These leaves are unpaid under the ESA. Eligible employees may separately wish to apply for Employment Insurance (EI) maternity or parental benefits, which may provide income replacement while an employee is away from work. Eligibility for an ESA leave and eligibility for EI benefits are governed by different rules.

How long is pregnancy leave in Ontario?

An eligible pregnant employee may take up to 17 weeks of unpaid pregnancy leave. In some circumstances the leave may last longer, including where the employee remains pregnant after using the full 17 weeks. To qualify, the employee must generally have started employment at least 13 weeks before the expected due date.

Pregnancy leave can usually begin as early as 17 weeks before the due date, and the employee generally selects when the leave will begin within the permitted period. An employer cannot force an employee to begin pregnancy leave simply because the employee is pregnant, is experiencing restrictions, or requires workplace accommodation.

How long is parental leave in Ontario?

Eligible new parents may take unpaid parental leave under the ESA, up to the following:

• A birth parent who also took pregnancy leave may take up to 61 weeks of parental leave.
• A parent who did not take pregnancy leave may take up to 63 weeks of parental leave.

A birth parent who takes both the full pregnancy leave and full parental leave will therefore commonly be away from work for up to 78 weeks. To qualify for parental leave, the employee must generally have been employed for at least 13 weeks before the leave begins.

Leave under the ESA vs. EI benefits

The ESA protects your right to take time away from work. The federal Employment Insurance program determines whether you will receive pay while you are off. As of 2026, eligible employees may receive up to 15 weeks of EI maternity benefits, and parents may choose between standard and extended parental benefits (standard benefits may be shared for up to 40 weeks, extended for up to 69 weeks, each subject to per-parent maximums).

The length of your ESA leave does not necessarily have to match the period during which you receive EI benefits. It's worth considering both systems when deciding how much leave to take.

How much notice must you give?

Employees should generally provide at least two weeks' written notice before starting pregnancy or parental leave. Where an employee must stop working unexpectedly, because of an early birth, a pregnancy complication, a miscarriage, a stillbirth, or an earlier-than-expected placement of a child, retroactive notice may be permitted. Failing to provide the required notice does not automatically eliminate the right to the leave.

An employee who intends to return earlier than originally scheduled will generally need to give at least four weeks' written notice. State the intended length of your leave clearly: where no return date is provided, the employer may assume you will take the full statutory leave.

Is your job protected during leave?

In most cases, yes. Part XIV of the ESA generally requires an employer to reinstate an employee returning from pregnancy or parental leave to:

1. The position the employee most recently held, if that position still exists; or
2. A comparable position, if the original position no longer exists.

You must be paid at least the same wage as before the leave, and where you would have received a wage increase had you remained at work, you are generally entitled to that increased wage on your return. A temporary replacement does not usually eliminate your reinstatement rights: an employer cannot simply give the job permanently to the replacement and claim the former position no longer exists. If substantially the same work continues to be performed, the returning employee may still be entitled to the position. You can also learn more about protected leaves and employment standards in Ontario.

What is a “comparable” position?

A comparable position should be genuinely similar to your former one. The analysis may include compensation and benefits, duties and responsibilities, seniority and status, hours of work, reporting relationships, opportunities for advancement, work location, and other important terms of employment.

A position is not necessarily comparable merely because it pays the same salary. A significant demotion, loss of responsibility, undesirable transfer, major schedule change, or reduction in career prospects may violate the ESA and could potentially amount to constructive dismissal.

Do benefits and seniority continue during leave?

Employees on pregnancy or parental leave generally continue to earn credit for length of employment, length of service, and seniority. You may also continue participating in certain employer benefit plans, including pension, life insurance, accidental death, extended health, and dental plans.

The employer must generally continue paying its share of the premiums, provided you continue paying any required employee contribution. You may elect in writing not to continue participating. Employment contracts, workplace policies, and collective agreements may provide benefits more generous than the ESA minimums.

Can you be fired while pregnant or on leave?

An employer cannot terminate or otherwise penalize an employee because the employee is pregnant or may become pregnant, plans to take pregnancy or parental leave, is or may become eligible for leave, takes a protected leave, asks about leave rights, or attempts to exercise an ESA right.

A dismissal during pregnancy, shortly after announcing a pregnancy, while on leave, or soon after returning should be examined carefully. Timing alone does not prove discrimination or reprisal, but it can be important evidence when combined with comments, shifting explanations, unusual performance concerns, or the absence of proper documentation.

The ESA's reinstatement protection is not absolute. An employer may be able to end the employment relationship for reasons entirely unrelated to the leave, such as a genuine business closure or restructuring that would have affected the employee even if the leave had not been taken, but it should be able to show the decision was legitimate, consistent, and unrelated to the pregnancy or leave. Even where the reason is unrelated, the employer may still owe termination notice, termination pay, severance pay, or common-law reasonable notice.

Pregnancy discrimination under the Human Rights Code

The Ontario Human Rights Code prohibits discrimination in employment because of sex and family status, which includes pregnancy or being a new parent. Its protections may extend to someone who is pregnant, was pregnant, may become pregnant, recently gave birth, experiences pregnancy-related medical needs, or is breastfeeding.

The Code applies throughout the employment relationship, including hiring, compensation, scheduling, assignments, promotions, training, discipline, and termination. An employer cannot refuse to hire or promote you based on assumptions that pregnancy or parenthood will make you less committed, reliable, or available. More detail is on our workplace discrimination and human rights page.

The duty to accommodate

Employers may be required to accommodate employees who are pregnant or who have recently given birth, up to the point of undue hardship. Depending on your circumstances and medical restrictions, accommodation might include:

• Modified duties or temporary lifting restrictions;
• Additional washroom or rest breaks;
• Changes to physically demanding tasks;
• Seating or ergonomic adjustments;
• Schedule modifications or time away for medical appointments;
• A temporary transfer; or
• Breastfeeding or pumping breaks and access to an appropriate space.

Accommodation must be individualized. An employer should not assume that every pregnant employee has the same restrictions, or that pregnancy automatically prevents an employee from performing the job. Both sides are expected to participate in the process, with medical information focused on functional restrictions rather than unnecessary diagnostic details.

When a leave-related termination becomes wrongful dismissal

A dismissal connected to pregnancy or parental leave can engage several overlapping claims. A wrongful dismissal claim usually concerns whether you received proper notice of termination, pay in lieu of notice, and compensation for benefits, bonuses, or other entitlements during the notice period. The same dismissal may also violate the ESA if you were terminated for taking or planning to take a protected leave, and may separately violate the Code if pregnancy, sex, disability, or family status was a factor in the decision.

Providing severance does not give an employer permission to terminate an employee for a discriminatory or retaliatory reason. Depending on the facts, an employee may potentially seek:

• Statutory termination and severance entitlements;
• Common-law reasonable notice damages;
• Compensation for lost wages;
• Human rights damages for injury to dignity, feelings, and self-respect;
• Reinstatement in an appropriate proceeding; and
• Additional damages where the employer acted dishonestly or in bad faith.

If you've been dismissed during pregnancy, while on leave, or shortly after returning, have the termination package and surrounding circumstances reviewed before signing a release.

Warning signs of leave discrimination

No single fact automatically proves discrimination, but possible warning signs include:

• Negative comments after you announce a pregnancy, or questions about whether you intend to have children;
• Sudden criticism or discipline inconsistent with your previous record;
• Removing significant duties or clients before the leave begins;
• Excluding you from promotions or opportunities because you'll be away;
• Pressuring you to begin leave early;
• Telling you the temporary replacement is “working out better”;
• Returning you to a lower-level or materially different position;
• Reducing your compensation, hours, or responsibilities after the leave;
• Refusing to discuss pregnancy-related accommodation; or
• Terminating you shortly before, during, or after the leave without a clear, documented explanation.

The full circumstances, including timing, communications, treatment of comparable employees, and the employer's stated reasons, all matter.

If your return-to-work rights are denied

If your reinstatement rights are being denied, consider these steps:

1. Request clarification in writing. Ask whether your former position still exists, and get a written description of any proposed replacement position.
2. Preserve documents. Save employment contracts, job descriptions, performance reviews, leave correspondence, benefit records, emails, and termination documents.
3. Document important conversations. Record dates, participants, and what was said.
4. Do not resign impulsively. Resigning may affect your remedies unless the circumstances amount to constructive dismissal.
5. Do not sign a release before getting advice. A signed severance agreement may prevent further claims.
6. Act promptly. Different proceedings have different deadlines. An application to the Human Rights Tribunal of Ontario generally must be filed within one year of the alleged discrimination.

Depending on the circumstances, you may have options through the Ministry of Labour, the Human Rights Tribunal of Ontario, or the courts. The right route depends on the remedies sought, your contract, the amount of compensation involved, and whether several claims overlap.

How we help

• Assess whether your reinstatement, benefit, and seniority rights were respected
• Test a demotion or “comparable” position offer against what the ESA actually requires
• Advise on overlapping ESA, human rights, and wrongful dismissal claims, and the deadlines for each
• Review and negotiate your severance package before you sign anything

The fact that an employer calls a position “eliminated” or offers a severance package does not settle whether your rights were respected. If something feels off around your leave, it's worth a look.