Your leave is your right — and your job is protected.
In Ontario you can take up to 17 weeks of pregnancy leave and up to 61–63 weeks of parental leave. Your employer can't fire you for taking it. Here's what you're entitled to.
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In 30 seconds, here's what's true
- Pregnant employees can take up to 17 weeks of unpaid, job-protected pregnancy leave under Ontario's Employment Standards Act (ESA).
- After pregnancy leave, a birth parent can take up to 61 weeks of parental leave. Other new parents (including adoptive and non-birth parents) can take up to 63 weeks.
- To be eligible, you must have started work for your employer at least 13 weeks before your leave begins. Full-time, part-time, and contract employees all qualify.
- Leave (your job protection) and EI maternity/parental benefits (your pay) are two separate systems. The ESA protects your job; Employment Insurance, run by the federal government, may pay you during it.
- When your leave ends, your employer must give you back your old job, or a comparable one, at the same or higher pay. It's illegal to penalize you for taking leave.
How the process works
Know your two entitlements
Pregnancy leave (up to 17 weeks) and parental leave (up to 61 or 63 weeks) are separate. A birth parent can take both, one after the other. Other parents take parental leave only.
Give written notice
Tell your employer in writing at least 2 weeks before you start your leave, with your start date and expected return date. You can change the dates with proper notice.
Apply for EI separately
Your pay during leave usually comes from EI, not your employer. Apply through Service Canada after your last day of work. You'll need your Record of Employment. Some employers also 'top up' EI — check your contract.
Know your return rights
At the end of leave you're entitled to your same or a comparable job at equal or higher pay, with your seniority intact. If you want to resign during or at the end of leave, you must give 4 weeks' written notice.
Get help if you're penalized
If you're fired, demoted, or pushed out because of pregnancy or leave, that may be illegal. Contact the Ministry of Labour, or the Human Rights Tribunal — pregnancy discrimination is also a human rights violation.
What to do next
- Confirm you started work at least 13 weeks before your leave begins.
- Decide your leave start date and expected return date.
- Give your employer written notice at least 2 weeks before starting.
- Gather what you need for EI: SIN, employer details, Record of Employment.
- Check your employment contract for any EI 'top-up' benefit.
- Confirm in writing that your benefits (health, dental, pension) continue during leave.
- Keep notes of anything that feels like punishment for taking leave.
- Start a free PLAIN session to map your leave, pay, and return rights.
Common myths
| Myth | Reality |
|---|---|
| My employer can replace me while I'm on leave. | They can hire a temporary replacement, but when your leave ends they must give you back your job or a comparable one at equal or higher pay. |
| Pregnancy and parental leave are the same 17 weeks. | They're separate. Pregnancy leave is up to 17 weeks; parental leave is a further 61 or 63 weeks on top of it. |
| My employer pays me while I'm on leave. | Usually not. Leave is unpaid under the ESA — your pay typically comes from federal EI benefits. Some employers add a top-up, but they don't have to. |
| I have to give months of notice before taking leave. | You must give at least 2 weeks' written notice before starting. Less than many people expect. |
| Part-time or contract workers don't get leave. | Full-time, part-time, permanent, and contract employees all qualify, as long as they started work at least 13 weeks before the leave. |
| If I decide not to return, I can just not show up. | To resign during or at the end of your leave you must give your employer 4 weeks' written notice. |
| Being fired while pregnant is just bad luck. | Firing or penalizing someone because of pregnancy or leave is illegal — it breaks both the ESA and the Human Rights Code. |
| I lose my seniority and benefits while I'm off. | Your seniority keeps building during leave, and your employer must keep contributing to your benefit plans unless you opt out in writing. |
Last reviewed June 2026
Written and reviewed by the founder of PLAIN, checked against primary government and legal sources. How we research these guides
Sources
- Ontario — Your guide to the ESA: Pregnancy and parental leave (17 weeks; 61/63 weeks; 13-week rule; notice; reinstatement)
- Employment Standards Act, 2000, ss. 46–53 (pregnancy & parental leave, reinstatement)
- Government of Canada — EI maternity and parental benefits
- Ontario Human Rights Commission — Pregnancy and breastfeeding
PLAIN gives legal information, not legal advice. It is not a substitute for a lawyer or paralegal — and we'll point you to free ones. Laws change; we review these pages regularly, but always confirm current rules with the Ministry of Labour or a licensed professional.
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