Fathers in Ontario can take unpaid, job‑protected time off after a baby is born or adopted, and may also qualify for federal employment insurance benefits during that leave. Understanding how paternity leave and parental leave work together can help you plan your time at home and protect your job and income.

In Ontario, there is no stand‑alone “paternity leave” law, but fathers are covered under the province’s parental leave rules in the Employment Standards Act (ESA). Fathers, non‑birthing parents, and adoptive parents all have the same basic right to unpaid, job-protected parental leave when a new child arrives. If you qualify, your employer must hold your job (or a similar job with the same pay and benefits), and you may receive parental leave benefits from EI at the same time.

The Difference Between Paternity Leave and Parental Leave

Many people use paternity leave to describe time off for fathers, but Ontario law only talks about parental leave.​

• Paternity leave (everyday term): Time off a father or non‑birthing parent takes to care for a new baby.

• Parental leave (legal term): Unpaid leave under the ESA that any eligible parent can take after birth or adoption.​

Fathers use ESA parental leave to create what most people call a paternity leave plan. At the federal level, EI offers standard parental benefits and extended parental benefits (including parental and adoption benefits), which are paid while you are off on parental leave.

Ontario Parental Leave Eligibility Requirements

To qualify for job-protected parental leave in Ontario, you must meet certain ESA rules.​

You usually must:

• Work for an Ontario employer covered by the ESA (most employees are covered).​

• Have been employed for at least 13 weeks before your parental leave starts (you do not need to have worked full‑time during those weeks).​

• Be a new parent: birth parent, non‑birth parent, or adoptive parent of a child.​

• Start your parental leave within the time window allowed after birth or adoption (usually within 78 weeks).​

These ESA rules apply whether or not you qualify for employment insurance, so you may still take parental leave even if you do not have enough insurable hours for EI parental benefits.

How Does Paternity Leave in Ontario Work?

For fathers, paternity leave in Ontario works like this:

• You qualify for ESA parental leave.

• You tell your employer in writing when you plan to start your parental leave and how long you plan to be away.​

• You apply to EI for parental benefits, choosing either standard parental benefits or extended parental benefits.​

• Your leave from work (ESA) and your EI parental leave benefits (federal) run together.

Parents can share time off and EI parental benefits within the maximum weeks allowed.

ESA Parental Leave Up to 63 Weeks

Under Ontario’s ESA, each eligible parent who did not take pregnancy leave can take up to 63 weeks of unpaid parental leave (61 weeks if they also took pregnancy leave). You must usually start this job-protected parental leave within 78 weeks after the child is born or comes into your care for adoption. This ESA right to time off is separate from how long EI will pay parental benefits.

EI Parental Leave Benefits

EI parental benefits are paid by the federal government and help replace some of your income while you take parental leave.​

You can usually choose between:

• Standard parental benefits

  • Higher weekly amount for a shorter period.

  • Up to a fixed number of weeks shared between parents.​

• Extended parental benefits / extended parental

  • Lower weekly amount spread over more weeks.

  • Same total value overall, but payments are stretched over a longer time.​

To qualify for EI parental benefits:

• You must have enough recent insurable hours of work.

• Your income must drop by a required amount because you are on parental leave.

• You must apply to Service Canada and provide proof of birth or adoption.​

Many families compare standard and extended parental benefits to choose what fits their budget.​

Parental Leave Settlements

In some cases, problems arise during or after parental leave:

• An employer wrongly ends your job protected parental leave early or refuses to take you back.

• Your job disappears and you are offered a severance package.

• There are disputes about benefits, seniority, or constructive dismissal linked to your parental leave.

Legal disputes can sometimes lead to parental leave settlements, which may include:

• Payment in lieu of notice or severance if your job was ended improperly.

• Compensation for lost wages and benefits during the period your job protected parental leave should have been honoured.

• Human rights damages if discrimination related to family status or gender played a role.

Because settlement language can affect your future benefits, it is wise to speak with an employment lawyer before signing any release related to paternity leave or parental leave issues.In some cases, problems arise during or after parental leave:

• Your job is ended during or after parental leave and you are refused a return or offered a severance package.

• There are disputes about benefits, seniority, or constructive dismissal linked to your parental leave.​

Legal disputes can sometimes lead to parental leave settlements, which may include:

• Payment in lieu of notice or severance if your job was ended improperly.​

• Compensation for lost wages and benefits during the period your job protected parental leave should have been honoured.​

• Human rights damages if discrimination related to family status or gender played a role.​

Because settlement language can affect your future benefits, it is wise to speak with an employment lawyer before signing any release related to paternity leave or parental leave issues.​

How Long Is Paternity Leave in Ontario?

For most fathers, total paternity leave in Ontario depends on three things:

• The ESA maximum of up to 63 weeks of unpaid parental leave.​

• Your family’s choice of EI standard parental benefits or extended parental benefits / extended parental.​

• Your financial situation and whether your employer offers any top‑up or extra parental leave benefits outside EI.​

Some fathers take only a few weeks or months, while others use most of the 63‑week parental leave window or split time with their partner so each parent can be at home at different points, sharing EI parental benefits within the total weeks allowed.

Applying for Paternity Leave

To protect your rights and income, you have to take two main steps: ESA parental leave with your employer, and EI parental benefits with the government.

1. Requesting ESA parental leave

• Tell your employer in writing that you plan to take parental leave.

• Give the required notice (often at least 2 weeks) and clearly state your planned start date and how long you expect your paternity leave to last.​

2. Applying for EI parental benefits

• Apply for EI employment insurance parental benefits online through Service Canada soon after you stop working.​

• Choose between standard parental benefits and extended parental benefits.

• If both parents claim parental benefits, coordinate so you do not exceed the shared maximum weeks.​

Employment Rights During Paternal Leave in Ontario

While you are on paternal leave (your ESA parental leave), you still have important employment rights.​

Your employer must:

• Keep your job or a comparable position open, with the same pay, benefits, and seniority when you return.​

• Continue to count your parental leave time toward things like vacation and length‑of‑service‑based benefits.​

• Not terminate you because you took paternity leave or requested parental leave.​

Your employer may have to continue certain benefits during parental leave, and if your job is genuinely cut for other reasons, you may still have rights to notice or severance, so it can help to get legal advice.

Luciano’s Story: Planning a Six‑Month Parental Leave

Luciano lives in Waterloo, Ontario and works in a mid‑sized tech company. He and his wife just welcomed a baby daughter, and while they plan to share parental leave over the first year, Luciano worries that taking six months of paternity leave will affect his job security, future promotions, and his busy team.

After speaking with an employment lawyer, Luciano learns:

• He has worked more than 13 weeks, so he is eligible for job-protected parental leave under the ESA.​

• If he follows the rules and gives written notice, his employer must hold his job or offer a comparable role when he returns from his six‑month paternity leave.​

• His group benefits can continue during his parental leave, as long as he arranges any required employee premium payments.​

• He and his wife can choose EI standard parental benefits for a higher weekly amount during a shorter total period, or extended parental benefits / extended parental if they prefer smaller payments spread out over more weeks.​

With this information, Luciano feels more confident. He submits a clear parental leave plan to his employer and applies for EI parental benefits, and knowing that his paternal leave is legally protected allows him to focus on caring for his daughter instead of worrying about his job.

Book a Consultation with an Employment Lawyer

If you are a father in Ontario thinking about paternity leave, you do not have to figure everything out alone. Questions about EI parental leave benefits, how long you can be away, and what happens to your job are common and completely understandable.

An employment lawyer can:

• Review your ESA parental leave rights and employer policies.​

• Explain how EI standard parental benefits, extended parental benefits, and other parental and adoption benefits work in your situation.​

• Help if you face job loss, harassment, or pressure because you are taking paternity leave.​

If you are worried about how time off will affect your job or income, speaking with a lawyer early can help you protect both your family and your career.

Quick Paternity Leave Checklist for Fathers in Ontario

Use this simple checklist as you plan your paternity leave in Ontario:

• Confirm you have worked at least 13 weeks for your current employer.​

• Check your employment contract and benefits booklet for parental leave and top‑up details.​

• Decide when you want your parental leave to start and how long you’ll be away.

• Coordinate with your partner on sharing EI parental leave benefits (standard or extended parental benefits).​

• Give your employer written notice of your parental leave dates.​

• Apply for EI parental benefits soon after your income drops.​

• Keep copies of all emails, letters, and EI decisions in one place.​

• If your employer threatens your job or cuts benefits because of your paternity leave, speak to an employment lawyer right away.

FAQs

1. How long is paternity leave in Ontario?

In Ontario, there is no separate “paternity leave,” but fathers and other non‑birthing parents can take up to 63 weeks of unpaid parental leave under the Employment Standards Act if they qualify. This job protected parental leave must usually start within 78 weeks after the child is born or first comes into your care for adoption.​

2. Do fathers get paid for paternity leave in Ontario?

Ontario’s ESA parental leave (what many people call paternity leave) is unpaid, but many fathers qualify for federal EI parental leave benefits to replace part of their income while they are off work. These parental benefits are paid through employment insurance, not by your employer.

3. Is my job protected if I take paternity leave in Ontario?

Yes. If you meet the ESA requirements, your paternity leave is treated as job protected parental leave, which means your employer must give you your job back, or a comparable job with the same pay and benefits, when you return. Your time on parental leave also continues to count toward your length of service for things like vacation and seniority.​