Understanding Maternity and Parental Leave in Canada

For businesses looking to expand in Canada, understanding maternity and parental leave is essential. Let’s explore Canada’s most recent maternity and parental leave policies. 

Employment Insurance for maternity and parental leave

Canadian employment law places a strong emphasis on supporting social programs and benefits. One of these benefits includes Employment Insurance (EI) for maternity and parental leave payments during pregnancy or adoption. In Quebec, employment insurance benefits are called Parental Insurance Benefits and operate on a provincial level. 

Self-employed individuals in Canada have the option to qualify for EI special benefits. 

Eligibility for employment insurance

To qualify for regular employment insurance for maternity or parental leave in Canada, employees must: 

• Be employed under an insurable employer

• Meet the specific criteria for maternity and parental leave

• Have their weekly earnings reduced by at least 40% during leave

• Have accumulated at least 600 insurable hours during the qualifying period, or, for self-employed individuals, made a certain amount of income during the qualifying period

To apply for maternity or parental leave, visit the Canadian EI website and start an online application. Note: this must be completed sooner than 4 weeks after your last day of work, or employees risk losing benefits.

Maternity leave in Canada

Maternity leave is only given to those who are giving birth and have to be away from work right before or following childbirth. All other leave (including paternity leave) related to birth or adoption falls under Canadian parental leave. 

How long is maternity leave in Canada? 

Canada’s maternity leave policy allows for up to 15 weeks of leave for new mothers. Paid maternity leave benefits are 55% of the employee’s income or up to $695 CAD per week. 

Parental leave in Canada

Parental leave in Canada is available to any eligible parent, whether through birth or adoption. Parents can decide to share benefits, or one parent may take the full amount. Parental leave is separate from maternity leave, which is only for the parent who gives birth.

Parents have two options for parental leave through EI:

• Standard Leave: up to 40 total weeks of paid benefits shared between parents, and must be taken within 52 weeks of birth or adoption

• Extended Leave: up to 69 total weeks of paid benefits shared between parents, and must be taken within 78 weeks of birth or adoption 

Once an employee makes their choice and applies for standard or extended, the decision can’t be changed. If sharing parental leave benefits, both parents must submit an application for employment insurance and agree on standard or extended payments. 

Though EI maximums change annually, employment insurance benefit payments for parental leave typically are as follows: 

• Standard parental leave: 55% of employee’s earnings, up to $695 CAD per week in 2025

• Extended parental leave: 33% of employee’s earnings, up to $417 CAD per week in 2025

Notice period and procedure 

Newly pregnant employees must inform their employer in writing of their estimated end date at least four weeks before they plan to start maternity leave. hough, in some provinces and territories, this can be as little as 2 weeks. Employers can opt to request a medical certificate from their healthcare provider with an expected due date. 

Parents taking parental leave or adoption leave should give their employers at least six weeks of written notice and explain if they plan to take standard or extended leave. The only exception to these notice periods is medical emergencies or if an adopted child is suddenly placed in their home. 

Across Canada, it’s illegal for an employer to lay off or terminate employment while employees are on maternity or parental leave.

Justworks helps manage Canadian leave

With our global EOR, Justworks ensures seamless transitions for expecting and new parents in Canada. We prioritize the well-being of your employees while minimizing administrative hassle for your HR team. Elevate your company's commitment to family-friendly policies by partnering with us today.

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