The most overwhelming part for a working pregnant woman is figuring out maternity leave. With so many rules, pay details, and important deadlines to keep track of, it’s easy to feel a bit lost. However, knowing everything about maternity leave in Ontario, Canada, can make the process much easier and less stressful.
From your rights under the Employment Standards Act to ensuring you get the maternity benefits you’re entitled to, we’ll help you with every step!
In Ontario, “maternity leave” is formally known as pregnancy leave under provincial law. It is a job-protected leave of absence for employees who are pregnant or have recently given birth.
It’s protected by the law through the Ontario Employment Standards Act (ESA), but it doesn’t pay you.
There are two systems you need to know about:
Both are important for your maternity leave Ontario, Canada: one protects your job, the other helps with your income. You’ll need to apply for both to make sure everything’s covered.
Maternity leave is only for women who are expecting or have recently given birth; it is not applicable to adoptive parents or non-birthing partners.
ESA Eligibility Requirements
| The 13-week rule is based on when you started your job, not how much you’ve worked. If you were hired 14 weeks before your due date and took two weeks off sick, you still qualify. |
EI Maternity Benefits Eligibility
To qualify for maternity benefits from federal EI, you must meet these criteria:
| Note: Employees in federally regulated industries (such as banking, airlines, or postal services) are covered by the Canada Labour Code, not the Ontario ESA, but their rights are similar. |
In Ontario, you can take up to 17 weeks of unpaid, job-protected pregnancy leave. You can start this leave as early as 17 weeks before your due date, but it must begin no later than the day you give birth.
Even if your baby comes earlier or later than expected, you’re still entitled to the full 17 weeks. You can take a shorter leave if you want, but once your leave starts, it has to be taken all at once. You can’t pause it, return to work briefly, and then resume it.
If someone has a miscarriage or stillbirth, their leave rights still apply. If this happens within 17 weeks of their expected due date, they can still take the full 17 weeks of leave.
If it happens before their leave starts, they are entitled to 12 weeks starting from the date of the loss. This ensures they don’t lose your leave entitlement due to complications.
The EI program uses your "best weeks”, that is, your highest-paid weeks of insurable employment, to calculate your average earnings. The number of best weeks used depends on the unemployment rate in your economic region and ranges between 14 and 22 weeks.
| Benefit Type | Duration | Rate | Maximum (2026) |
| EI Maternity Benefits | Up to 15 weeks | 55% of avg. weekly earnings | $729/week |
| Standard Parental Benefits | Up to 40 weeks (shared) | 55% of avg. weekly earnings | $729/week |
| Extended Parental Benefits | Up to 69 weeks (shared) | 33% of avg. weekly earnings | $437/week |
First, you need to decide if you want to apply for maternity, parental, or both benefits. But applying for both can help you save time later.
Keep your personal details ready. You will need information, including your SIN, past employers, and banking info for direct deposit. Additionally, you have to inform about your child’s due date or adoption details.
You will be required to complete an online application, which usually takes about an hour. You can even save your progress for 72 hours if you need more time.
Once you complete the online application, mail or drop off all the supporting documents at a Service Canada Centre.
The moment your application gets processed, you will get a benefit statement along with an access code. This is not any sign that the claim has been approved, but you can easily track your status.
You can check your application’s status by signing into your MSCA account or contacting Service Canada directly.
Ontario's ESA sets out clear, non-negotiable rules for employers, not suggestions, but legal minimums.
They must:
When you know all about maternity leave in Ontario, Canada, you don’t have to worry about your job, just focus on your and your baby’s health. So, understand everything in detail, and if you have any queries or need guidance on maternity leave, Rutman & Rutman Professional Corporation can help.
We have a team of employment lawyers who provide clear advice and support to make sure your rights are fully protected. Get in touch today so that you can plan with confidence.
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