Parental leave in Ontario: how it works for employers

Employers in Ontario have a legal obligation to provide Parental leave to their employees, but managing employees and their leave can be challenging. Employers that contravene the ESA may find themselves receiving orders to comply, monetary penalties or legal claims—and could cause hardship for their employees. 

This guide explains Parental leave in Ontario, from what it is, how it works, and important details for employers to help them manage leave properly. 

What is parental leave?

Parental leave is an unpaid, job-protected leave available to new parents, to allow them to spend time with their new child. This can be for the birth of their child, adoption of a child or when a child comes into their care.  

This leave can be taken by all parents, with different leave allowances depending on the circumstance of the parent. 

The term “Parent” in the context of parental leave applies to birth parents, non-birth parents, as well as individuals in a relationship of some permanence with a parent of a child. This applies to same-sex couples and gender-diverse parents. 

Parental leave is not to be confused with Pregnancy leave, which has different entitlements and requirements—but they do have some crossover under the ESA. 

Parental leave or paternity leave – which is it?

It is important for employers to refer to this leave as “Parental Leave” rather than “Paternity Leave” in business policies and contracts, as well as discussions with/regarding employees. 

The term “Parental Leave” is used explicitly within Ontario’s ESA, and is inclusive of all parents, regardless of gender, gender identity and individual circumstance—whereas “Paternity Leave” indicates that it is exclusive to biological fathers, which it is not.  “Paternity Leave” is not a commonly used in Canadian legislation and therefore should be strictly avoided. 

It is important to remain inclusive in all communications and documentation, as mistakes can cause employers to be in violation of Section 5(1) in the Ontario’s Human Rights Code, which prohibits employment discrimination based on gender identity and gender expression. 

How employees qualify for parental leave

In Ontario, employees who have been employed by an ESA-regulated employer for at least 13 weeks are entitled to parental leave. 

This does not mean the employee must have completed 13 full weeks of active work—only that their leave begins at least 13 weeks after they started their employment. 

To qualify, the employee must be a parent of a child who has recently come into their care. This includes: 

• Birth of a child to the employee or their partner 

• Adoption of a child 

• Placement of a child in their care (e.g., fostering) 

Parental leave is available to all parents, regardless of gender, gender identity, sexual orientation, or family structure. This isn’t explicitly covered by the Employment Standards Act (ESA), but is in line with Ontario’s Human Rights Code (OHRC)—and employers must ensure compliance with each. 

Employees are eligible as “Parents” if they are: 

• The biological or adoptive parent 

• A person in a relationship of some permanence with a parent of the child 

• The primary caregiver of a child placed in their care 

How long parental leave lasts in Ontario

• Birth parents who took pregnancy leave get 61 weeks 

• All other parents get 63 weeks 

• Can be cut short by the employee only 

• Cannot be split into chunks, must be taken all at once 

Under the ESA, the length of parental leave can vary, depending on the employee’s specific circumstances. 

Birth parents (the parent that gave birth to the child) who have previously taken pregnancy leave are entitled to take up to 61 weeks of parental leave. This applies regardless of whether they’ve taken the full 17 weeks of their pregnancy leave entitlement. 

All other new parents are entitled to 63 weeks of parental leave. This would include a birth parent who did not take pregnancy leave. 

Parental leave can be cut short by the employee if they wish to return to work. However, parental leave must be taken all at once. This means that an employee who returned to work after 20 weeks would not be entitled to take further parental leave; it cannot be split up. 

Employers must be aware that they cannot require or pressure an employee to return to work early—nor can an employee face any form of punishment (reduction in role, pay, etc.) for taking this leave. 

When parental leave can begin

• Birth parents: Usually begins after pregnancy leave for birth parents 

• Birth parents: Can alternatively begin up to 78 weeks after birth or the date the baby comes home from the hospital 

• All other parents: Can begin up to 78 weeks after the baby is born, or comes into their care 

• Has to begin within the 78-week timeframe, does not have to end within this period 

Parental leave can begin at varied times in Ontario, an important point for employers to keep in mind. Here’s how it works. 

When parental leave begins for birth parents

For birth parents, the employee who gave birth to the child, they must ordinarily begin parental leave once their pregnancy leave ends.  

However, in circumstances where the baby has not come into their care—such as the baby being hospitalized, employees have the option to return to work and begin their parental leave when the baby comes into their care, or simply begin their parental leave concurrently to their pregnancy leave.  

Parental leave can commence anytime within the 78 weeks since the baby was born, or the baby first came home from the hospital. 

When parental leave begins for non-birth parents

For all other parents who have not taken pregnancy leave, they must begin their parental leave no later than 78 weeks after their baby is born, or the date their child first came into their care, custody and control. 

Parental leave does not have to be completed within this 78-week period; it simply has to be started within this timeframe. 

Notice requirements for parental leave in Ontario

• At least 2 weeks of notice—with exceptions 

• Retroactive notice can be given by the employee 

• Failure to provide notice does not exclude employees from taking the leave 

Under the ESA, employees must provide their employer with at least 2 weeks of written notice before beginning their parental leave—but there are exceptions to this rule. 

Retroactive notice

While the standard is for an employee to provide 2 weeks of written notice, they can also provide retroactive notice. Employees may suddenly have to stop work due to the child being born early, or the child being placed into their care and custody earlier than they expected. In this case, employees have 2 weeks after stopping work to give the employer written notice that they are taking parental leave—which would be classed as having started the day that the employee stopped working. 

Employee failure to give notice

Employees that fail to give the required notice do not lose their right to parental leave. This means that employers must exercise caution when handling the start of parental leave, as they cannot revoke an employee’s right to parental leave for notice-based reasons. 

Need help managing your employee leave?

BrightHR is here to help. Confidently allocate the right amount of leave, get up-to-date policy templates, safely store and document every stage of the process as well as supporting your employees. 

Book a free demo today to find out how our comprehensive leave management systems and 24/7 employment relations advice lines can keep your business compliant and reduce risk.