Employment Law BlogHow long is parental leave in Ontario?

2 September 2024

If you’re expecting a new addition to your family, it’s important to understand the parental leave policies in Ontario. Knowing your rights and what to expect can help you plan better for this exciting time. In this article, we’ll cover the details of pregnancy and parental leave in Ontario, including how long the leave lasts, who is eligible, and how to apply.

What is Parental Leave?

Parental leave is a job-protected time off from work that parents can take to care for their new child. This leave can be taken by biological parents, adoptive parents, and in some cases, foster parents.

In Ontario, parental leave is separate from pregnancy leave, which is specifically for birth mothers.

Pregnancy Leave

In Ontario, birth mothers are entitled to up to 17 weeks of pregnancy leave. This leave can start up to 17 weeks before the expected birth date but must begin no later than the baby’s birth date.

Parental Leave

Parental leave is available to both parents, whether they are biological or adoptive. The length of parental leave in Ontario depends on whether you have taken pregnancy leave:

For birth mothers who took pregnancy leave: You are entitled to up to 61 weeks of parental leave.
For all other parents: You are entitled to up to 63 weeks of parental leave.

This leave can be taken anytime within 78 weeks (about 18 months) of the child’s birth or the date the child first came into your care.

Who is Eligible for Parental Leave?

To be eligible for parental leave in Ontario, you must:

Be employed: You must be an employee, not an independent contractor.
Be a new parent: This includes biological parents, adoptive parents, and in some cases, foster parents.
Have worked for your employer: You must have worked for your employer for at least 13 weeks before the start date of your leave.

It’s important to note that eligibility for parental leave is separate from eligibility for Employment Insurance (EI) benefits. EI benefits have their own set of criteria.

Parental Leave for Fathers in Ontario

Fathers in Ontario are entitled to parental leave. Just like mothers and adoptive parents, fathers can take up to 63 weeks of parental leave within the first 78 weeks of the child’s birth or adoption. This allows fathers to bond with their new child and support their partner during this critical time.

Notify Your Employer

To apply for parental leave, you need to notify your employer in writing at least two weeks before you plan to start your leave. Your notice should include the start date and the expected length of your leave. If you need to change the start date of your leave, you must give your employer at least two weeks’ notice before the new start date.

Employment Insurance (EI) Benefits

While on parental leave, you may be eligible for Employment Insurance (EI) benefits. Here are the steps to apply for EI benefits:

Check your eligibility: To qualify for EI parental benefits, you must have worked at least 600 hours in the last 52 weeks or since your last EI claim.
Apply online: You can apply for EI parental benefits online through the Service Canada website. You will need to provide personal information, your Social Insurance Number (SIN), and your employer’s information.
Submit your records: After applying, you will need to submit your Record of Employment (ROE) from your employer. This document is essential for processing your EI claim.

Job Protection

One of the key aspects of parental leave in Ontario is job protection. This means that when you return from your leave, your employer must reinstate you to your original job or a comparable position with the same pay and benefits.

Notice to Return

You must give your employer at least four weeks’ written notice before you plan to return to work. If you decide to return earlier or extend your leave, you must also provide your employer with at least four weeks’ notice.

Tips for Planning Your Parental Leave

Planning for parental leave can be overwhelming, but these tips can help you prepare:

Inform your employer early: The earlier you inform your employer about your leave plans, the more time they have to make necessary arrangements.
Know your rights: Familiarize yourself with the Employment Standards Act, 2000, which governs parental leave in Ontario.
Budget accordingly: Parental leave may affect your income, so plan your finances to ensure you can manage during your time off.
Consider flexible work options: Some employers may offer flexible work arrangements, such as part-time work or telecommuting, which can help ease your transition back to work.

Additional Resources

For more information on parental leave in Ontario, you can visit the following resources:

Conclusion

Parental leave is a crucial time for new parents to bond with their child and adjust to their new family dynamics. In Ontario, both mothers and fathers have the right to take parental leave with job protection, ensuring a smooth transition back to work. Understanding the length of leave, eligibility criteria, and application process can help you make the most of this valuable time.

By planning ahead and knowing your rights, you can focus on what truly matters – your growing family.