Paternity leave in Ontario: how it works, how long you can take, and how EI pay is calculated

In Ontario, “paternity leave” usually means parental leave for dads and partners. Ontario law protects your job while you take time off, but it doesn’t require your employer to pay you. Most families rely on Employment Insurance (EI) parental benefits for income while one (or both) parents are home.

Here’s how to plan it without getting surprised by the fine print: eligibility, time limits, EI options, and a simple checklist you can follow.

What “paternity leave” means in Ontario

Ontario doesn’t have a separate leave called “paternity leave” in the Employment Standards Act (ESA). Instead:

• Birth parent may qualify for pregnancy leave (up to 17 weeks, unpaid, job-protected).
• Any parent (including dads/partners) may qualify for parental leave (unpaid, job-protected).
• EI parental benefits (federal) are what usually provide pay while you’re off.

If your workplace has a top-up (extra pay from the employer), that’s a policy/benefit—not required by the ESA.

Your job-protected leave under Ontario’s ESA

1) Who can take parental leave?

You generally qualify for ESA parental leave if:

• you’re a parent of a child, and
• you’ve been employed by your employer for at least 13 weeks.

2) How long can you take?

Parental leave under the ESA is unpaid and can be long enough to match common EI plans:

• Up to 63 weeks if you did not also take pregnancy leave
• Up to 61 weeks if you did also take pregnancy leave (this mostly affects the birth parent)

Ontario has also passed a change that would create a 62-week case for people who took a placement of a child leave, but it’s not in force until a future proclamation. (So: most people still plan around 61/63.)

3) When can you start it?

Parental leave is designed to be taken after the child is born or first comes into your custody, care, and control (for adoption/placement). Practically, many dads/partners start it:

• right at birth, or
• later, when the other parent returns to work.

4) What happens to your job and benefits?

Two key protections matter most:

• Reinstatement: when your leave ends, your employer must put you back in your old job (if it still exists) or a comparable one.
• Benefit plans: during an ESA leave, you generally keep participating in certain benefit plans unless you choose in writing not to.

5) A quick “don’t miss this” note about federal workplaces

If you work in a federally regulated sector (for example: banking, telecom, airlines, interprovincial trucking), your leave rules can come from the Canada Labour Code, not Ontario’s ESA. EI still applies, but the job-protected leave rules can differ.

Getting paid while you’re off: EI parental benefits (the part most people mean)

Ontario ESA leave protects your job. EI parental benefits are what can replace some income.

EI eligibility basics (common checklist)

EI maternity/parental benefits generally require that:

• your weekly earnings drop by more than 40% for at least 1 week, and
• you have 600 insured hours in the qualifying period (usually the last 52 weeks), and
• you apply as soon as you stop working.

Standard vs extended EI parental benefits (choose carefully)

You must pick one option. If you’re sharing benefits, both parents must pick the same option.

Standard parental

• Benefit rate: 55% of earnings (up to a weekly max)
• Weeks available to share: up to 40 total
• One parent max: 35 weeks
• Extra weeks “reserved” for the other parent: 5 weeks (use-it-or-lose-it)

Extended parental

• Benefit rate: 33% of earnings (up to a weekly max)
• Weeks available to share: up to 69 total
• One parent max: 61 weeks
• Extra weeks “reserved” for the other parent: 8 weeks (use-it-or-lose-it)

Time window to use EI weeks

• Standard: within 52 weeks of the birth/adoption/placement week
• Extended: within 78 weeks

Important: You generally can’t switch between standard and extended once EI starts paying.

Mini example (with real numbers)

Let’s say you (dad/partner) earn $1,000/week before leave.

• Standard EI rate is 55%, so your EI would be about $550/week (before tax).
• If you take 5 weeks (the common “reserved” weeks when the other parent takes most weeks), that’s roughly $2,750 total in EI payments.

If your income is high enough to hit the cap, EI won’t exceed the weekly maximum set for the year.

Simple planning playbook (what most families actually do)

Option A: “Take the 5 weeks” (common and clean)

• One parent takes the bulk of parental weeks.
• The other parent takes the extra 5 (standard) or extra 8 (extended).
• This is often the best balance for income + bonding time.

Option B: Split more evenly

Works well if:

• you both want time at home, or
• childcare is expensive and you want to delay it.

Option C: Stagger your leaves

One parent stays home first, then returns to work while the other parent takes their weeks. This can stretch “one parent at home” time without both being off at once.

After your baby is born, you may also want to check what child benefits you can apply for in Ontario, since that monthly support can change your budget during leave.

Step-by-step checklist

1. Confirm you’re provincially regulated (most Ontario jobs are).
2. Pick your EI option (standard vs extended) before anyone applies.
3. Choose your leave dates (start and return-to-work date).
4. Give written notice to your employer (keep a copy).
5. Ask HR: top-up, benefit plan contributions, and how ROEs are handled.
6. Apply for EI right after you stop working (don’t wait for paperwork).
7. Track: EI choice, weeks used, and the 52-week (or 78-week) deadline.

Common mistakes that cost people money

• Applying late (EI warns you may lose benefits if you apply more than 4 weeks after your last day of work).
• Picking extended because it “sounds longer” without checking the lower weekly rate.
• Not coordinating EI options with the other parent (the first application can lock the choice for both when sharing).
• Confusing job-protected leave (ESA) with paid benefits (EI).

When you’re figuring out how EI benefits work, it helps to review the EI eligibility rules and how the application process works so you don’t miss deadlines.

FAQs