Maternity Leave in Ontario: A 2025 Guide for Employers

Maternity leave in Ontario is an essential benefit for new parents, providing them with the opportunity to care for and bond with their newborns without worrying about losing their jobs. As an employer, understanding your obligations related to maternity leave in Ontario ensures you provide employees with the necessary support during this critical time. 

This blog provides critical information about maternity leave in Ontario, such as eligibility criteria, leave duration, Employment Insurance benefits, notice requirements, and employer obligations under the Employment Standards Act.

What is maternity leave in Ontario?

Maternity leave in Ontario, often called pregnancy leave, provides eligible employees with time away from work due to pregnancy and childbirth. All pregnant employees are entitled to up to 17 weeks of unpaid leave under the Ontario Employment Standards Act. In some circumstances, this leave may be extended.

What is the difference between parental leave and maternity leave in Ontario?

While maternity leave in Ontario is specifically for pregnant employees, parental leave is available to all new parents once a child is born or first comes into their care.

Parental leave applies to the following groups:

• Birth parents.
• Adoptive parents.
• A person in a relationship with a parent of a child who will treat the child as their own.

Birth mothers who take pregnancy leave are entitled to up to 61 weeks of parental leave. Birth mothers who do not take pregnancy leave, and all other new parents, are entitled to up to 63 weeks of parental leave. The ESA stipulates that employees must have worked in your organization for a minimum of 13 weeks prior to the date the baby is expected to be born.

When is an employee in Ontario eligible for maternity leave?

All pregnant employees are entitled to maternity leave in Ontario, whether they are full-time, part-time, permanent or fixed-term employees, if the Ontario Employment Standards Act applies to their workplace. To qualify:

• An employee must begin employment at least 13 weeks before the baby's expected due date
• The earliest maternity leave can start is typically 17 weeks before the due date
• Employers are not allowed to decide when employees will begin their maternity leave, even if pregnancy limits the type of work the employee is able to do

How long is maternity leave in Ontario?

Ontario employees can take a maximum of 17 consecutive weeks of maternity leave, although they are able to take a shorter leave if they wish. Employees must take their maternity leave all at once. If they return to work early, even part-time, they give up their right to the rest of their pregnancy leave under the Ontario Employment Standards Act.

Is maternity leave in Ontario paid?

Maternity leave in Ontario is not paid for by employers. However, employees can apply for maternity and parental leave benefits through the federal Employment Insurance system. Eligible employees on maternity leave can receive EI that pays 55% of their earnings for up to 15 weeks, up to a maximum of $695 a week. 

What is the notice requirement for maternity leave in Ontario?

Employees must give two weeks' written notice before beginning their maternity leave in Ontario. However, if they do not provide notice, they are still entitled to the leave but must inform the employer as soon as possible. Employers may request a certificate from a medical practitioner stating the baby's due date.

What are my obligations as an employer for maternity leave in Ontario?

The Ontario Employment Standards Act requires employers to:

• Reinstate the employee on return to the same position, or offer an equivalent role
• Factor in the leave period in any calculation of length of employment and seniority
• Allow the employee to continue participating in benefits such as health benefits, insurance, and pension

What are employee rights during maternity leave in Ontario?

Employees on maternity leave in Ontario retain important rights and protections, including:

• Employees can continue pension and insurance benefits while on leave.
• Employees are protected from penalties for taking maternity or parental leave.
• Employees have the right to be reinstated to their former position after leave.
• Time on leave counts toward employment and seniority.

Do you need help creating a maternity leave policy?

Understanding maternity leave in Ontario is essential for employers to remain compliant and support their employees. Our experts can assist you with company policies and with any other human resource management, health & safety, or employment advice you may need. To learn more about how our services can benefit your business, call us today at 1 (833) 247-3652.