Parental Leaves
What Is Parental Leave?
All new parents in Ontario have the right to take parental leave. This is unpaid time off that parents can take after their child is born, or after a child comes into their care (for example, through adoption). While on leave, parents are entitled to remain enrolled in company benefit plans, including health, dental and pension, and must continue to accrue years of service, vacation time, and seniority. When their leave is finished, returning employees must be reinstated in their former position, unless that position no longer exists.
Parental leave is separate from pregnancy leave. Pregnancy leave is a 17-week leave available only to pregnant employees. Birth mothers who take pregnancy leave can take up to an additional 61 weeks of parental leave (for a total of 18 months). Parents who do not take pregnancy leave are entitled to up to 63 weeks of parental leave.
Although pregnancy and parental leaves are unpaid, employees on these leaves often qualify for benefits through the federal government's EI program. For more information about whether you qualify, contact Service Canada at 1-800-206-7218.
What Are My Rights?
Employers cannot penalize an employee in any way because the employee:
- took a pregnancy leave, or plans to take a pregnancy or parental leave;
- is eligible or will become eligible to take a pregnancy or parental leave; or,
- asks questions about pregnancy or parental leave.
If you are returning from a parental leave, you must be reinstated into your former position unless that job no longer exists.
Why You Should Contact Us
If you think your employer has penalized you as a result of your right to take a pregnancy or parental leave, you have rights under Ontario’s
Employment Standards Act and the
Human Rights Code. Our lawyers can assist you in advancing a claim if you think your employer has engaged in unlawful conduct. We can also help you navigate the return to work process and answer questions you might have about your leave.
Contact us to learn more or to book an appointment.