An employee announces she’s pregnant. Two questions land on the manager’s desk almost at the same time: how long will she be away, and who pays in the meantime?
The answers don’t come from the same law. Maternity and parental leave in Canada rests on two parallel systems. Each province’s employment standards protect the job and set the length of the absence. Financial benefits, on the other hand, come from federal Employment Insurance (EI) or, in Quebec, from the Quebec Parental Insurance Plan (QPIP).
Mixing up the two leads to a costly mistake: calling an employee back to work because their benefits have ended, while their job-protected leave is still running.
Maternity and parental leave in Canada: two separate systems
The distinction is simple to state and easy to forget in practice.
Provincial, territorial or federal employment standards determine the right to take leave, the maximum length of that leave and the obligation to reinstate the employee when they return. The employer pays no salary during this period, unless an internal policy or collective agreement provides otherwise.
Benefits replace part of the employee’s income. They come from Employment Insurance everywhere in the country, except in Quebec, where QPIP takes its place. The employer’s only role is to issue the Record of Employment (ROE).
The gap between the two systems is measurable. In Ontario, job-protected pregnancy leave lasts 17 weeks, while EI maternity benefits cover 15. The remaining two weeks are unpaid, but the job is still protected. Planning a return around the end of benefits rather than the end of the leave is the most common mistake.
Maternity and parental leave in Canada by province
| Jurisdiction | Maternity leave | Parental leave | Service required |
|---|---|---|---|
| Saskatchewan | 19 weeks | 59 wks (63 without maternity leave) | 13 weeks |
| Quebec | 18 weeks | 65 weeks | None |
| Federal jurisdiction | 17 weeks | 63 wks (71 combined if shared) | None |
| Ontario | 17 weeks | 61 wks (63 without pregnancy leave) | 13 weeks |
| British Columbia | 17 weeks | 61 wks (62 for the other parent) | None |
| Manitoba | 17 weeks | 63 weeks | 7 months |
| New Brunswick | 17 weeks | 62 weeks | None |
| Prince Edward Island | 17 weeks | 62 weeks | 20 wks in the previous 52 |
| Newfoundland and Labrador | 17 weeks | 61 weeks | 20 weeks |
| Yukon | 17 weeks | 63 wks (71 combined if shared) | 12 months |
| Northwest Territories | 17 weeks | 61 wks (69 combined if shared) | 12 months |
| Nunavut | 17 weeks | 37 wks (52 combined maximum) | 12 months |
| Alberta | 16 weeks | 62 weeks | 90 days |
| Nova Scotia | 16 weeks | 61 wks (77 without maternity leave) | None |
The durations above come from provincial and territorial labour ministries and the federal Labour Program. Data current as of September 11, 2026.
Length of job-protected leave by jurisdiction
Maternity leave of 16 to 19 weeks
Maternity leave applies only to the birth parent. Its length ranges from 16 weeks in Alberta and Nova Scotia to 19 weeks in Saskatchewan.
Ten jurisdictions provide 17 weeks, making it the de facto standard across the country. Quebec sits one step higher at 18 weeks. The CNESST specifies that this leave can begin as early as the 16th week before the expected due date and must end no later than 20 weeks after the birth.
No jurisdiction aligns its leave with the 15 weeks of EI benefits. This gap is deliberate and notably absorbs the one-week waiting period.
Parental leave and the effect of maternity leave
Parental leave is available to any parent, whether biological or adoptive. In most jurisdictions, it lasts around 61 to 63 weeks.
Several provinces adjust this length depending on whether the parent took maternity leave. Ontario grants 61 weeks to a person who took pregnancy leave and 63 weeks to other parents. Saskatchewan follows the same logic with 59 and 63 weeks.
Nova Scotia takes this reasoning further. Parental leave there reaches 77 weeks when no pregnancy leave was taken, compared to 61 weeks otherwise. However, the province caps the combined total at 77 weeks, which many employers overlook when adding the two leaves together.
Quebec offers the longest unconditional leave, at 65 weeks. Each parent is entitled to it individually, not shared between them. This leave is in addition to the 18 weeks of maternity leave and 5 weeks of paternity leave, but it must end no later than 85 weeks after the birth.
The special case of Nunavut
Nunavut stands out clearly from the rest of the country, with parental leave of 37 weeks, capped at 52 combined weeks for both parents.
The territory also requires 12 months of continuous service, and this 52-week cap is less than half of what applies in most provinces.
An employer with operations in both Nunavut and a southern province therefore can’t apply a single policy. The gap with Quebec exceeds a full year of job-protected leave.
Eligibility and notice required from the employee
Eligibility conditions vary as much as leave lengths do. Four points are worth checking before you respond to an employee.
- Required continuous service. It ranges from none in Quebec, British Columbia, New Brunswick, Nova Scotia and federal jurisdiction, up to 12 months in the three territories. Ontario and Saskatchewan require 13 weeks, and Manitoba 7 months.
- Written notice. It is generally 4 weeks. Ontario and Newfoundland and Labrador only require 2 weeks, Alberta requires 6 weeks for maternity leave, and New Brunswick up to 4 months.
- The right to refuse. It doesn’t exist. No employer can refuse maternity or parental leave, no matter how short-staffed they are.
- Benefits are a separate issue. An employee can be entitled to job-protected leave without being eligible for benefits, for example if they haven’t accumulated enough insurable hours.
These eligibility thresholds can be checked at a glance in centralized employee records that keep track of the hire date and the notice received.
Quebec and the Quebec Parental Insurance Plan
Quebec withdrew from the parental component of Employment Insurance in 2006 to run its own plan. QPIP replaces a higher share of income and covers self-employed workers, which isn’t the case anywhere else in the country.
Basic plan and special plan
Applicants choose between two options when they apply, and this choice is irrevocable. It is also binding on both parents.
The basic plan offers more weeks at a lower rate: 18 weeks of maternity benefits and 5 weeks of paternity benefits at 70%, then 32 weeks of shareable parental benefits, with the rate dropping to 55% partway through.
The special plan shortens the duration in exchange for a higher rate: 15 weeks of maternity benefits, 3 weeks of paternity benefits and 25 weeks of parental benefits, all at 75%.
QPIP’s maximum insurable earnings are $103,000 for 2026, up from $98,000 the previous year. The amount is adjusted every January 1.
Paternity leave reserved for the second parent
Quebec provides 5 weeks of paternity leave reserved for the second parent, a feature unique in Canada. These weeks can’t be transferred: if they aren’t used, they’re lost.
On top of that, both parents are entitled to 5 days of leave for a birth or adoption, the first 2 of which are paid by the employer. This is one of the few amounts the employer actually pays in the whole process.
For managers, this changes how you plan. Two separate absences can occur on the same team for the same birth, at different times.
Employment Insurance benefits in the rest of Canada
Elsewhere in Canada, EI maternity and parental benefits work the same way regardless of the province.
Maternity benefits cover up to 15 weeks at 55% of average insurable earnings, up to a maximum of $729 per week in 2026, based on maximum insurable earnings of $68,900.
Parents then choose between two parental options. The standard option pays 55% for up to 40 shared weeks. The extended option stretches the period to 69 shared weeks, but at 33% of earnings, up to a maximum of $437 per week.
The choice becomes irrevocable once the first payment is issued, and it is binding on both parents. It determines the actual length of the absence, which makes it the most useful information to get early when planning a replacement.
Employer obligations during and after the leave
The legal framework is short and varies very little from one jurisdiction to another.
The job must be kept. On return, the employee goes back to their position or an equivalent one, at the pay they would have received had they stayed. A raise given to the team during the absence therefore also applies to the person on leave.
Seniority continues to accumulate. Parental leave doesn’t interrupt continuous service and doesn’t reset vacation entitlements to zero.
Participation in group plans continues, and the employer can’t unilaterally remove insurance or pension coverage during the absence.
The Record of Employment must be issued promptly. It’s the only administrative task that truly falls on the employer, and any delay holds up benefit payments by the same amount of time.
One last point falls under human rights rather than employment standards. Pregnancy and family status are protected grounds everywhere in Canada. Changing an employee’s schedule or duties without her explicit consent, even with good intentions, exposes the employer to a complaint.
There is an exception when the job itself presents a risk. An early childhood educator exposed to contagious diseases or an attendant who transfers patients may be reassigned or given preventive withdrawal. The rules differ from one province to another, and Quebec even has an income replacement program for these situations.
Finally, contact during the leave deserves a clear rule. Social updates are welcome, but asking someone on leave to cover a shift or answer an operational question isn’t acceptable.
Managing maternity and parental leave in Canada
Maternity and parental leave in Canada rarely poses a legal problem. The law is clear, refusal isn’t an option, and the obligations fit in a few lines.
The challenge is operational. An absence of twelve to eighteen months requires a replacement, training and return-to-work preparation, all steps that should be planned as soon as the leave is announced. Our article on employee scheduling for growing teams explains how to absorb an extended absence without burning out the rest of the team.
Leave management software centralizes requests, return dates and employee records for teams spread across several jurisdictions. Book a demo to see how it works.
FAQ
Maternity and parental leave in Canada: how many weeks are employees entitled to?
The length of maternity and parental leave in Canada depends on the jurisdiction where the employee works. Maternity leave ranges from 16 weeks in Alberta and Nova Scotia to 19 weeks in Saskatchewan, the longest in the country. Ten jurisdictions provide 17 weeks and Quebec provides 18, well above the 15 weeks of benefits paid by Employment Insurance.
Is parental leave paid by the employer?
No. The employer pays no salary during maternity or parental leave, unless its internal policy or a collective agreement provides a top-up. Income replacement comes from Employment Insurance everywhere in Canada, or from the Quebec Parental Insurance Plan in Quebec. The employer’s only administrative obligation is to issue the Record of Employment promptly; otherwise, benefits will be paid late.
Can an employer refuse maternity leave?
No, never. The right to maternity and parental leave is protected by employment standards everywhere in Canada, regardless of the size of the business. A refusal exposes the employer to an employment standards complaint and, when pregnancy is involved, to a human rights complaint, which is a much more serious matter.
What is the difference between QPIP and Employment Insurance?
QPIP has replaced Employment Insurance for Quebec residents since 2006. It offers a higher income replacement rate, from 70% to 75% depending on the plan chosen, compared to 55% under EI. It also covers self-employed workers and provides paternity leave reserved for the second parent, two features that are completely absent from the federal program that applies in the rest of the country.
