Maternity And Parental Leave In Canada.
The Employer’s Guide
Canadian maternity and parental leave is significantly more generous than what US employers are accustomed to.
Birth parents can take up to 15 weeks of maternity leave plus up to 61 weeks of parental leave for a combined total of up to 76 weeks (approximately 18 months) of job protected leave. Both parents are eligible for parental leave, and same sex and adoptive parents have equal entitlements.
As an employer, you do not pay the employee’s salary during the leave.
The Federal Employment Insurance (EI) programme provides income replacement. But you have significant obligations around job protection, benefits continuation, and reinstatement that you must get right.
How Maternity Leave Works
- Available to the birth parent only.
- Duration is up to 15 weeks.
- Can begin up to 12 weeks before the expected due date.
- EI maternity benefits are 55% of average insurable earnings, to a maximum ceiling reviewed annually.
- One week waiting period before benefits begin (can be served during maternity or parental leave).
- Job protected under provincial employment standards legislation in all provinces.
How Parental Leave Works
Parental leave is available to both parents (birth, adoptive, and same sex).
There are two options:
Standard Parental Leave
Up to 40 weeks total, shareable between both parents, but no single parent can take more than 35 weeks. Combined with maternity leave, this allows the birth parent up to approximately 12 months of leave.
Extended Parental Leave
Up to 69 weeks total, shareable between both parents, but no single parent can take more than 61 weeks. EI benefits for extended paternal leave are 33% of average insurable earnings, with a reviewable annual cap. Combined with maternity leave, this allows the birth parent up to approximately 18 months of leave.
Québec’s QPIP Programme
Québec does not use the federal EI maternity / parental benefits programme. Instead, Québec residents receive benefits through the Québec Parental Insurance Plan (QPIP), which is more generous:
- Maternity Benefits – Up to 18 weeks at 70% of earnings (Basic plan) or 15 weeks at 75% (special plan).
- Parental Benefits – Up to 32 weeks at 55–70% (Basic) or 25 weeks at 75% (special), shareable between parents.
- Paternity Benefits – 5 weeks at 70% (Basic) or 3 weeks at 75% (special). Exclusive to the father / co-parent. No equivalent exists under federal EI.
- No Waiting Period – Benefits begin immediately.
- Higher Maximum Insurable Earnings – Annually reviewed cap.
If you have employees in Québec, QPIP applies instead of EI maternity/parental benefits. The employer’s payroll obligations differ – QPIP premiums are remitted to Revenu Québec, not the CRA.
Your Obligations As An Employer
- Grant The Leave – You cannot refuse a statutory maternity or parental leave request from an eligible employee.
- Continue Benefits During The Leave – In most provinces, you must maintain the employee’s group benefits (health, dental, life insurance) during the leave. The employer continues to pay its portion of premiums.
- Reinstate The Employee – When the leave ends, you must reinstate the employee to the same position or a comparable one with no loss of seniority or benefits.
- Do Not Penalise The Employee – Any adverse action connected to a leave request such as demotion, reduced hours, or termination is a violation of provincial employment standards.
- File The ROE – A Record of Employment must be filed with Service Canada when the employee begins their leave, documenting their hours and earnings for EI eligibility.
How We Handle It
We manage the full process including advising you on provincial leave entitlements when the employee notifies you, file the ROE with Service Canada, coordinate benefits continuation during the leave, and manage reinstatement when the employee returns.
For Québec employees, we handle QPIP-specific requirements.
You do not need to learn two different parental leave systems. We manage both.
Have An Employee Going On Parental Leave?
Book a call.
We’ll walk you through your obligations and manage the process end to end.