Maternity Leave (Pregnancy Leave) in Ontario: A Guide for Employers

Maternity leave is an essential benefit for new parents, providing them with the opportunity to navigate their pregnancy, care for and bond with their newborn children 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.  

Ontario maternity leave explained

Maternity leave in Ontario, officially referred to as Pregnancy leave under Ontario’s Employment Standards Act, is a job-protected leave that 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. 

As maternity leave is a statutory right, employers cannot deny eligible employees from taking it.

Maternity leave vs Pregnancy leave 

• Pregnancy leave is the legal term used in Ontario’s Employment Standards Act 
• Maternity leave is a common term used to refer to Pregnancy leave 

The Employment Standards Act specifically refers to the leave as Pregnancy leave, and uses gender neutral verbiage to refer to parents. 

Employers should ensure that any official documentation does not use terms like “expecting mothers” or “birth mothers”, and instead uses more gender neutral terms, such as “expecting employees” or “birth parents”. 

This ensures that there are no forms of discrimination regarding gender and identity, and provides an inclusive environment for their employees. 

Pregnancy leave eligibility in Ontario 

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 maternity leave lasts in Ontario

Eligible employees in Ontario can take a maximum of 17 consecutive weeks of maternity leave.  

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. 

Employers are prohibited from deciding when an employee ends their maternity leave.

Notice requirements for maternity leave in Ontario 

The Employment Standards Act in Ontario states that 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. 

It is important for employers to document conversations, written communication and any certificates they receive. 

Employer obligations for maternity leave 

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 
• Make reasonable adjustments and accommodations for returning employees 

Prohibited actions from employers 

There are several actions employers are not permitted to make when an employee is on pregnancy leave, leading to common mistakes. 

• Employers are not permitted to request an employee to end their pregnancy leave early 
• Employers cannot penalise or terminate employees for taking the leave 

Employee rights for maternity leave 

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

Maternity leave vs Parental leave 

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 is often taken concurrently by birth parents to their pregnancy leave. 

• Birth parents who take pregnancy leave are entitled to up to 61 weeks of parental leave.  
• Birth parents 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. 

How pay works during Maternity leave 

Maternity leave in Ontario is unpaid under the Employment Standards Act, and employers aren’t required to pay unless they have contractual obligations to the employee.  

Employees can apply for EI 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 $729 a week.  

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 your policies, advise you on how to properly handle maternity leave, and how to compliantly handle any issues that may arise.  

To learn more about how our services can benefit your business, call us today at 1 (833) 247-3652.