I’m going to be a parent. What are my rights as a worker?

If you're going to have a baby or adopt a child, Ontario law says that you can take time off work without losing your job. This is called taking a leave.

For information about pregnancy leave, which is for people who are pregnant or who have just given birth, see I’m pregnant. What are my rights as a worker? Some people call this maternity leave.

Parental leave is for new parents, including parents who adopt.

Any new parent who has worked at least 13 weeks for their employer can take parental leave.

This includes all new parents, not just those who have given birth. It also includes anyone who is:

  • in what the law calls a “relationship of some permanence” with a parent of the child, and
  • going to treat the child as their own.

Length of parental leave

Someone who is pregnant can take up to 61 weeks of parental leave. They can also get 17 weeks of pregnancy leave. In total, they can get up to 78 weeks of leave.

All other parents can take 63 weeks of parental leave.

Parents can take a full parental leave either at the same time as the other parents or at different times.

Getting paid during parental leave

Ontario's  does not say that your employer has to pay you during parental leave. But if you've worked enough hours to qualify for Employment Insurance (EI), you may be able to get EI benefits for some of the time you're on leave.

When parental leave begins

Usually, a parent who takes pregnancy leave must begin their parental leave as soon as their pregnancy leave ends.

There can be reasons why a baby has not yet come into the care of the parent or parents by the time the pregnancy leave ends.

For example, the baby may need to stay in the hospital past the end of the pregnancy leave.

If this happens, the parent who was pregnant can either:

  • start their parental leave when their pregnancy leave ends, or
  • wait and start their parental leave later.

If they choose to start parental leave later, they have the right to return to work between the end of their pregnancy leave and the start of their parental leave.

But they must start their parental leave within 78 weeks after the birth date or the date when the child comes home from the hospital.

Other parents can start their parental leave any time within 78 weeks after:

  • the birth date, or
  • the date when the child first comes into their care.
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