Maternity leave is job-protected time off work for the birth mother before and after giving birth. It is separate from parental leave, which is available to both parents.
In Canada, maternity leave rights come from two places:
- Your province’s employment standards legislation — which protects your job
- Employment Insurance (EI) — which provides income replacement while you are off
Both work together. One protects your position. The other pays you while you are away.
How Long Is Maternity Leave?
Job-protected leave — In Ontario, birth mothers are entitled to up to 17 weeks of pregnancy leave followed by up to 61 or 63 weeks of parental leave — for a combined total of up to 78 weeks of job-protected leave.
EI maternity benefits — The federal government provides 15 weeks of EI maternity benefits specifically for the birth mother. These are available only to you — they cannot be shared with or transferred to a partner.
After your 15 weeks of maternity benefits, you can move into parental benefits for additional income support.
Is Maternity Leave Paid?
Your employer is not required to pay you during maternity leave. However, the federal government pays you through EI:
EI Maternity Benefits
15 weeks at 55% of your average weekly insurable earnings, up to a maximum of approximately $695 per week in 2026. These begin as early as 12 weeks before your due date.
EI Parental Benefits — Standard Option
Up to 35 weeks at 55% of earnings, maximum approximately $695 per week. Must be completed within 52 weeks of birth.
EI Parental Benefits — Extended Option
Up to 61 weeks at 33% of earnings, maximum approximately $417 per week. Must be completed within 78 weeks of birth.
The standard option pays more per week. The extended option spreads income over a longer period. The right choice depends on your financial situation and how long you want to stay home.
Who Qualifies?
To qualify for EI maternity benefits you must have:
- Worked a minimum of 600 insurable hours in the past 52 weeks
- Experienced a reduction in earnings of more than 40 per cent
- Been employed — not self-employed, unless you have opted into the EI self-employed program
Part-time workers qualify too, as long as you have accumulated 600 insurable hours. Hours from multiple jobs count toward this total.
What Are Your Job Protection Rights?
This is where Ontario’s Employment Standards Act steps in. While you are on pregnancy or parental leave:
- Your job must be held for you. Your employer must reinstate you to the same position — or a comparable one — when you return.
- Your benefits must continue. Your employer must maintain your benefits during the leave period.
- Your seniority keeps accumulating. Time on leave counts toward your length of service.
- Your employer cannot punish you for taking leave. Demotion, pay cuts, or dismissal connected to your maternity leave is reprisal — and it is illegal.
What If You Are Fired While Pregnant or on Leave?
This happens more often than it should — and it is one of the most serious violations an employer can commit.
If you are terminated while pregnant, while on maternity leave, or shortly after returning from leave, Ontario law presumes the termination is connected to your pregnancy or leave. The burden shifts to your employer to prove otherwise — and that is a very difficult burden to meet.
You may have claims under both the Employment Standards Act and the Ontario Human Rights Code. These are separate claims and can be pursued at the same time. The human rights claim alone can result in compensation for injury to dignity, feelings, and self-respect — on top of any wrongful dismissal damages.
If this happened to you, contact an employment lawyer like us immediately.
How to Apply for Maternity Leave — Step by Step
Step 1 — Tell your employer. Give written notice at least two weeks before you plan to start your leave. Include your expected start date and return date. Your employer cannot refuse.
Step 2 — Apply for EI online. Apply at canada.ca/ei-maternity-parental as soon as you stop working. Do not wait. Delays reduce your total benefit payments. You will need your Record of Employment (ROE) from your employer.
Step 3 — Confirm your return date. You must give your employer at least four weeks written notice before returning to work. If your plans change, communicate early.
My Last Suggestion
Maternity leave in Canada is a legal right — not a privilege your employer grants you. Your job is protected, your seniority is protected, and your benefits must continue while you are away.
If your employer is making your leave difficult, pressuring you to return early, changing your role when you come back, or worst of all — letting you go while you are pregnant or on leave — that is not just unfair. It is illegal.
You deserve to welcome your baby without worrying about your job. Know your rights, and do not be afraid to enforce them.
