Maternity and parental leave in Ontario: the simple 2026 guide

One of the biggest misconceptions about maternity and parental leave is this:

Do I get 12 months of paid leave?

Not exactly.

In Ontario, leave planning has two systems working side by side:

• The Ontario ESA governs your time away from work.
• Service Canada governs your EI pay.

Your employer may add a third piece: a top-up that increases your income for part of the leave.

Once you separate those three pieces, the topic becomes much easier to understand.

The quick version

The simplest rule is this:

Ontario protects your job. EI may replace part of your income.

Do I qualify?

For Ontario pregnancy leave, your baby’s due date generally must be at least 13 weeks after you started working for your employer. There is no minimum hours requirement, and full-time, part-time, and casual employees may qualify if they meet the ESA rules.

For Ontario parental leave, employees generally need to have been employed by the employer for at least 13 weeks before the leave begins.

Eligible birth mothers can take up to 17 weeks of unpaid pregnancy leave. Parental leave can be up to 61 weeks if pregnancy leave was taken, or up to 63 weeks if pregnancy leave was not taken.

That means a birth mother may have:

17 weeks pregnancy leave + 61 weeks parental leave = 78 weeks of job-protected leave ^[1]

Do I qualify for EI?

To qualify for EI maternity or parental benefits, you generally need:

• at least 600 insurable hours in your qualifying period
• normal weekly earnings reduced by more than 40%
• EI premiums paid through insurable employment
• time away because you are pregnant, recently gave birth, or are caring for a newborn or newly adopted child
• an EI application submitted with the required information

The 600-hour rule matters. Job protection and EI payment approval are separate decisions.

How much does EI pay?

For 2026, EI maternity benefits pay 55% of average weekly insurable earnings, up to $729 per week, for up to 15 weeks.

Maternity benefits are only for the person who is pregnant or recently gave birth. They cannot be shared.

After maternity benefits, parents choose standard or extended parental benefits.

Once parental benefits start being paid, the choice between standard and extended generally cannot be changed. ^[3]

The income cap people miss

EI does not use your full salary if you earn above the maximum insurable earnings amount.

For 2026, the maximum insurable earnings amount is $68,900. That cap determines the maximum EI payment. ^[4]

Here is the reality check for a common 12-month leave at the 2026 maximum:

• 15 weeks maternity + 35 weeks standard parental = 50 paid weeks
• 50 weeks × $729 = $36,450 before tax
• $36,450 ÷ 12 months = about $3,038/month before tax

So if someone earns $100,000, EI does not pay 55% of the full salary.

At the 2026 maximum, this example is about $36,450 before tax, not $55,000.

What about 18 months?

An 18-month leave does not mean 18 months at the standard EI rate.

With extended parental benefits, you are trading higher weekly pay for a longer time horizon. The weekly amount is lower, and the income is spread out.

At the 2026 maximum, extended parental benefits are up to $437 per week.

A longer leave may still be the right choice, especially for childcare or family reasons. Just build the budget using the lower weekly amount.

Can my partner take leave too?

Yes. Parental leave and parental EI benefits may be shared.

Maternity EI benefits cannot be shared. Parental EI benefits can be shared.

Sharing matters because it can unlock weeks that one parent cannot claim alone:

• Standard parental: up to 40 weeks shared, but one parent cannot receive more than 35 weeks
• Extended parental: up to 69 weeks shared, but one parent cannot receive more than 61 weeks

The extra shared weeks are only available if both parents take at least some portion of the parental benefits.

If only one parent takes parental benefits, that parent is limited to the individual maximum: 35 weeks under the standard option or 61 weeks under the extended option. ^[5]

Does your employer offer a top-up?

Ask HR this early.

Some employers offer maternity top-up, parental top-up, salary continuance, or a supplementary unemployment benefit plan. A top-up can significantly improve income for a limited number of weeks.

Check:

• your employment contract
• HR policy
• benefits booklet
• collective agreement
• maternity or parental leave policy
• return-to-work requirements

What happens to benefits while I am off?

Ask what happens to health, dental, life insurance, disability coverage, pension, vacation, seniority, and employee-paid premiums.

Under Ontario’s ESA, certain benefit plans generally continue during pregnancy and parental leave unless the employee elects in writing not to continue paying their share. Your exact situation may still depend on the plan, policy, employment contract, or collective agreement. ^[6]

What if I am self-employed?

Self-employed workers are not automatically covered for EI maternity and parental benefits.

To access EI special benefits, self-employed workers generally must register for the program and meet the program requirements. ^[7]

When should I apply?

Apply for EI as soon as possible after you stop working.

Do not wait for your Record of Employment. If your employer submits the ROE electronically, Service Canada can access it. ^[8]

When do payments start?

There is usually a one-week unpaid waiting period before EI benefits begin.

Service Canada says the first payment usually arrives about 28 days after you apply, if you are eligible and have provided all required information.

Plan for a gap between your last paycheque and your first EI payment. ^[9]

A simple planning timeline

A tax surprise many parents experience

EI maternity and parental benefits are taxable.

Some tax is usually withheld, but it may not be enough. Families can still owe additional tax at year-end.

If possible, set aside extra funds or speak with a tax professional before leave starts. ^[10]

The takeaway

Maternity and parental leave are easier to understand when you separate the systems.

Ontario protects your time away from work. EI may replace part of your income. Your employer may add a top-up or continue certain benefits, depending on the policy.

The better question is not only:

How long can I be off?

It is also:

How much income will I actually receive, when will it arrive, and what do I need to do before my leave starts?

Understanding that before the baby arrives can prevent financial surprises and help families plan with more confidence.