What fathers are entitled to is called Parental Leave under the Employment Standards Act, 2000. It is the same leave available to mothers, adoptive parents, and any person who is in a parenting role — and it is fully protected by law.
Leave length depends on whether the birth mother also took pregnancy leave with the same employer:
- If the birth mother took pregnancy leave — the father is entitled to up to 61 weeks of parental leave
- If the birth mother did not take pregnancy leave — the father is entitled to up to 63 weeks of parental leave
You do not have to take the full amount. You can take less. But you cannot take more.
Is Paternity Leave Paid in Ontario?
This is the question most fathers ask first. The honest answer is: your employer does not have to pay you, but the government does — through Employment Insurance (EI).
There are two EI parental benefit options to choose from:
Standard Parental Benefits
Up to 35 weeks of benefits paid at 55% of your average weekly insurable earnings, to a maximum of roughly $695 per week in 2026. These must be taken within 52 weeks of the baby’s birth.
Extended Parental Benefits
Up to 61 weeks of benefits paid at 33% of your average weekly insurable earnings, to a maximum of roughly $417 per week. These must be taken within 78 weeks of the baby’s birth.
The standard option pays more per week. The extended option spreads payments over a longer period. The right choice depends on your financial situation and how long you want to be home.
How Does Paternity Leave Work in Ontario?
1st. You qualify if you have been employed by the same employer for at least 13 weeks before the leave begins. There is no minimum hours requirement — part-time employees qualify too.
2nd. Your job is protected. Your employer must hold your position — or a comparable one — until you return. They cannot demote you, reduce your pay, or punish you in any way for taking parental leave. That would be reprisal, and it is illegal.
3rd. You can start your leave any time after the baby is born, but it must begin within 78 weeks of the birth.
4th. Parents can share the leave. If both parents work, you can split the parental leave between you — but the total combined leave cannot exceed the maximums above.
How to Apply for Paternity Leave in Ontario
There are two separate steps — one with your employer, one with the government.
With your employer: Give written notice at least two weeks before you intend to start your leave. State the date you plan to begin and the date you expect to return. Your employer cannot refuse the leave.
With Service Canada (for EI benefits): Apply online at canada.ca/ei-maternity-parental as soon as possible — ideally within four weeks of your last day of work. Waiting too long can delay or reduce your payments. You will need your Record of Employment (ROE) from your employer to complete the application.
