Paternity Leave in Canada: A Compliance Guide for Employers

When Canadian business owners search for paternity leave policies, they often discover an important distinction: there is no dedicated “paternity leave” in Canada. Instead, both fathers and non-birthing parents are entitled to parental leave, which provides job protection under provincial employment standards and income replacement through Federal Employment Insurance (EI).

For employers, understanding how parental leave works is essential. Missteps can lead to compliance risks, employee dissatisfaction, or even costly claims. This blog explains the Federal benefits framework, provincial job-protected leave, and what small and mid-sized businesses need to do to stay compliant.

The Federal framework: EI parental benefits

Parental leave is supported by Employment Insurance (EI), which provides income replacement during time away from work:

• Standard benefits: Up to 40 weeks, with one parent able to take a maximum of 35 weeks.
• Extended benefits: Up to 69 weeks, with one parent able to take a maximum of 61 weeks.

To qualify, employees generally need at least 600 hours of insurable employment in the past 52 weeks. While EI is federally managed, it only provides the financial benefit. Employers remain responsible for job protection under provincial or territorial law.

Provincial job-protected parental leave

Each province and territory sets its own rules for unpaid, job-protected parental leave.

Ontario

• Up to 61 to 63 weeks of parental leave.
• Available to birth and adoptive parents.
• Must be taken within 78 weeks of a child’s birth or adoption.

Alberta

• Up to 62 weeks of parental leave.
• Available to birth and adoptive parents.
• Applies equally to both parents.

British Columbia

• Up to 62 weeks of parental leave.
• Available to birth and adoptive parents.
• Must be taken within 78 weeks of birth or adopted.

Manitoba

• Up to 63 weeks of parental leave.
• Available to all parents, including adoptive parents.

Saskatchewan

• Up to 59 weeks of parental leave is available in addition to maternity leave and adoption leave.

Maritime Provinces

• Nova Scotia: Up to 77 weeks of parental leave.
• New Brunswick: Up to 62 weeks of child-care (parental) leave.
• Prince Edward Island: Up to 62 weeks of parental leave.
• Newfoundland & Labrador: Up to 61 weeks of parental leave.

Territories

• Yukon: Up to 63 weeks of parental leave.
• Northwest Territories: Up to 35 weeks for one parent and up to 40 weeks if shared and eligible for EI Parent Sharing Benefits
• Nunavut: Up to 37 weeks of parental leave.

Employer responsibilities

Employers have several legal and practical obligations when employees take parental leave:

• Job protection: The employee’s position (or a comparable one) must be available when they return.
• Benefits continuation: If benefits are offered, employers must continue contributions during leave unless the employee opts out.
• Non-discrimination: Employees cannot be penalized for taking parental leave.
• Clear policies: Written leave policies help avoid confusion and ensure consistent handling.
• Optional top-ups: Some employers provide a salary “top-up” to supplement EI. While not required, this can help with retention.

Practical considerations for employers

Small and mid-sized businesses often face challenges in covering staff during extended leaves. Best practices include:

• Workforce planning: Prepare temporary coverage or redistribute tasks.
• Communication: Maintain open communication before, during, and after leave to support smoother reintegration.
• Reintegration strategies: Consider flexible return-to-work arrangements.
• Cultural support: Normalize parental leave for fathers and partners, not just mothers, to foster equity and inclusivity.

Why supporting parental leave benefits employers

While compliance is the baseline, supporting parental leave can be a strategic advantage. Employers who embrace it often see:

• Stronger talent attraction and retention.
• Improved employee morale and loyalty.
• Reduced turnover and associated costs.
• A reputation as a supportive, people-first employer.

In short, supporting parental leave isn’t just about avoiding legal risk—it’s about building healthier, more resilient workplaces.

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