Maternity and parental leave in Ontario: weeks, notice and pay
Updated October 13, 2026 · sources checked October 13, 2026
In short
In Ontario, the Employment Standards Act gives up to 17 weeks of unpaid pregnancy leave if you started your job at least 13 weeks before your due date, then up to 61 weeks of parental leave (63 for other parents). Give 2 weeks' written notice. EI pays you during the leave: 55% of earnings, up to $729 a week in 2026.
The two leaves under the ESA
Ontario's Employment Standards Act, 2000 (ESA) gives you the right to unpaid, job-protected time off. Your pay during that time comes from Employment Insurance, not from the ESA. Ontario's guide states plainly that the two sets of rules are different, and that an employer cannot penalize you for being eligible for, taking or planning to take pregnancy or parental leave.
| Pregnancy leave | Parental leave | |
|---|---|---|
| Length | Up to 17 weeks (longer if you are still pregnant after 17 weeks) | Up to 61 weeks if you took pregnancy leave; up to 63 weeks for other parents |
| Who | Pregnant employees | All new parents, including the other parent and adoptive parents |
| Eligibility | Started employment at least 13 weeks before the due date | Employed at least 13 weeks before the parental leave starts |
| Earliest start | Usually 17 weeks before the due date | Birth parent: usually when pregnancy leave ends; others: any time up to 78 weeks after the birth or the child coming home |
| Notice | At least 2 weeks in writing | Check the guide for your situation |
Source: Ontario's guide to the ESA, as of October 2026.
The 13-week rule, in plain words
You only need to have started the job at least 13 weeks before your due date. You do not need to have worked all those weeks: Ontario's guide gives the example of an employee who was off sick for five weeks soon after starting and is still eligible.
Notice: what to send, and when
- Before pregnancy leave: at least two weeks' written notice of your start date. If your employer asks, give a certificate from a doctor, midwife or nurse practitioner stating your due date.
- If you stop early because of a complication, a birth, a stillbirth or a miscarriage: you have two weeks after stopping work to give written notice.
- To move your start date earlier: new written notice at least two weeks before the new date.
- To change your return date: at least four weeks' written notice.
- To resign at the end of the leave: at least four weeks' written notice.
If you forget to give notice, Ontario's guide states that you do not lose the right to pregnancy leave.
Template. "I am writing to give notice under the Employment Standards Act, 2000 that I will begin pregnancy leave on [date]. My due date is [date]. I intend to take parental leave immediately after, and expect to return on or around [date]. Please confirm receipt and issue my Record of Employment when my leave begins."
How much you are paid: EI in 2026
| Benefit | Weeks | Rate | 2026 maximum |
|---|---|---|---|
| Maternity | Up to 15 | 55% | $729 a week |
| Standard parental | Up to 35 per parent (40 shared) | 55% | $729 a week |
| Extended parental | Up to 61 per parent (69 shared) | 33% | $437 a week |
Ontario's leave (17 + 61 = 78 weeks) is long enough to cover EI maternity plus extended parental benefits (15 + 61 = 76 paid weeks) and the one-week waiting period. For the details, see EI maternity and parental benefits.
If you lose a pregnancy
Ontario's guide explains that if a miscarriage or stillbirth happens within the 17 weeks before the due date, you are still entitled to pregnancy leave, which ends at the later of 17 weeks after it began or 12 weeks after the loss. Parental leave does not apply in that case. Please be gentle with yourself, and ask your provider for support; you can call or text 9-8-8 at any hour if you feel unsafe.
After the birth in Ontario
- Register the birth within 30 days with the online 5-in-1 newborn bundle: birth registration, birth certificate, SIN, Canada child benefits (including Ontario child benefits) and an Education Savings Referral, in one application. Free within 12 months. See register the birth, SIN and health card.
- OHIP for your baby: the hospital or registered midwife gives you the Ontario Health Coverage Infant Registration form; the card is mailed within 8 weeks. There is no waiting period for OHIP.
- Ontario Child Benefit: up to $1,760 per child per year for low to moderate-income families. You must file your taxes every year to qualify, even with no income to declare.
Single parents, self-employed, newcomers
- Single parent: you can take the full pregnancy and parental leave, and the full EI weeks available to one parent.
- Self-employed: the ESA does not apply to you. Look at the EI opt-in program: maternity benefits for self-employed parents.
- Newcomer: the ESA protects employees regardless of citizenship, and OHIP has no waiting period if you are eligible. See health coverage for newcomers.
Questions parents ask
How long is maternity leave in Ontario?
Up to 17 weeks of pregnancy leave, followed by up to 61 weeks of parental leave for a birth parent who took pregnancy leave: up to 78 weeks in total. Other new parents can take up to 63 weeks of parental leave.
Do I need to have worked a certain time to get maternity leave in Ontario?
For pregnancy leave, you must have started your job at least 13 weeks before your due date; you do not have to have actively worked those weeks. For parental leave, you must have been employed for at least 13 weeks before it starts.
Does my employer pay me during maternity leave in Ontario?
Employers do not have to pay wages during pregnancy or parental leave. Employment Insurance pays benefits if you qualify, and some employers add a top-up by contract.
How do I apply for maternity leave in Ontario?
Give your employer at least two weeks' written notice before your pregnancy leave begins, then apply online for EI maternity and parental benefits as soon as you stop working.
Sources
- Ontario — Your guide to the Employment Standards Act, pregnancy and parental leave checked October 13, 2026
- Government of Canada — EI maternity and parental benefits, how much you could receive checked October 13, 2026
- Ontario — Register a birth (new baby) checked October 13, 2026
- Ontario — Apply for OHIP and get a health card checked October 13, 2026
- Ontario — Ontario Child Benefit checked October 13, 2026
Mamavela explains; it does not replace your midwife, doctor or pediatrician, who know your situation. If something worries you, call them. In an emergency, call 911 (US), 999 (UK) or 112.