Maternity and parental leave in Canada is governed through a combination of federal and provincial laws. This guide provides a high-level overview of how maternity leave works across Canada, including eligibility, benefits, provincial variations, and special cases such as miscarriage, surrogacy, and adoptive parents.
Overview of Maternity Leave in Canada
Under the Canada Labor Code, eligible employees are entitled to up to 17 weeks of maternity leave. Key points include:
Leave may begin up to 13 weeks before the expected due date.
At least 6 weeks of leave must be taken immediately after childbirth.
If the baby is born after the initial 17-week period, the leave may extend to the actual date of birth.
If the newborn is hospitalized, the maternity leave may be extended.
Job protection is guaranteed for the entire duration of the leave.
Maternity Leave Benefits (Federal) in Canada
Most Canadian employees receive maternity benefits through Employment Insurance (EI) at the federal level. Eligible employees receive up to 15 weeks of maternity benefits, paid at 55% of average weekly earnings, up to a federally set maximum ($695 CAD per week for 2024; updated annually). Employees must have at least 600 insured hours in the 52 weeks preceding their claim.
Extended Benefits in Cases of Illness in Canada
If a birth mother falls ill during or after pregnancy:
She may receive up to 15 weeks of sickness benefits,
Plus 15 weeks maternity,
Plus up to 61 weeks parental benefits, for a combined potential total of up to 91 weeks .
Provincial Variations in Maternity Leave
While federal EI benefits apply across most provinces, leave entitlements vary by jurisdiction. Below is a high-level snapshot of maternity leave rules across Canada:
Province/Territory | Required Service | Pregnancy Leave Duration | Earliest Start Before Due Date |
Alberta | 90 days | 16 weeks | 13 weeks |
British Columbia | — | 17 weeks | 13 weeks |
Manitoba | 7 months | 17 weeks | 17 weeks |
New Brunswick | — | 17 weeks | 13 weeks |
Newfoundland & Labrador | 20 weeks | 17 weeks | 17 weeks |
Northwest Territories | 12 months | 17 weeks | 17 weeks |
Nova Scotia | 1 year | 16 weeks | 16 weeks |
Nunavut | 12 months | 17 weeks | 11 weeks |
Ontario | 13 weeks | 17 weeks | 17 weeks |
Prince Edward Island | 20 weeks | 17 weeks | 13 weeks |
Quebec (QPIP) | — | 18 weeks (basic plan) | 16 weeks |
Saskatchewan | 13 weeks | 19 weeks | 6 weeks |
Yukon | 12 months | 17 weeks | — |
Note: The table above outlines leave entitlements for provincially regulated employees. Federally regulated employees (such as those in banking, telecommunications, or transportation) follow the federal Canada Labour Code, which provides up to 17 weeks of maternity leave regardless of province.
Special Note: Quebec Parental Insurance Plan (QPIP)
Quebec operates its own parental insurance program, offering significantly higher wage replacement and flexible options for both maternity and parental benefits.
Under the basic plan, birth mothers receive:
18 weeks of maternity benefits at 70% of average weekly earnings.
Under the special plan, birth mothers receive:
15 weeks of maternity benefits at 75% of average weekly earnings.
These maternity benefits can be combined with parental benefits, which are also offered under both plans. Parental leave can be taken by either parent and shared between them:
Basic parental plan: Up to 32 weeks at 70% (if shared), or 25 weeks at 70% (if taken by one parent).
Special parental plan: Shorter durations at 75% wage replacement.
Parents choose their preferred plan at the time of application.
Parental Leave in Canada
Following maternity leave, parents can take additional parental leave, available to either parent, including adoptive parents and parents through surrogacy).
1. Standard Parental Leave
Up to 40 weeks total.
One parent may take a maximum of 35 weeks.
Benefits paid at 55% of average weekly earnings.
2. Extended Parental Leave
Up to 69 weeks total.
One parent may take up to 61 weeks.
Benefits paid at 33% of earnings.
Parents may split leave between them to suit family needs.
Eligibility Requirements
To qualify for EI maternity or parental benefits (outside Quebec), employees must have 600 insurable hours in the previous 52 weeks, and submit required documentation, including a Record of Employment (ROE).
Self-employed individuals may access benefits if they opt into the EI program in advance.
Application Process
Employees must:
Apply for EI benefits on the Service Canada website;
Submit all required documents, including the ROE; and
Apply as soon as employment stops, even if documents are still pending.
Job Protection and Return-to-Work Rights
Across Canada, employees returning from maternity or parental leave are entitled to:
Reinstatement to their same or a comparable role with equal pay and benefits;
Continued health benefits during leave; and
Protection from discrimination based on pregnancy or family status.
Special Cases
In situations involving miscarriage or stillbirth, entitlements vary based on timing and jurisdiction. Under federal rules, a loss occurring after the 19th week is treated as a birth, meaning the full maternity leave entitlement applies.
In Ontario, maternity leave is available if a stillbirth occurs at least 17 weeks before the expected due date. Earlier pregnancy losses may instead fall under medical leave provisions. For adoption and surrogacy, parents are generally eligible for parental leave under rules similar to those that apply to biological parents.
Nursing and Job Modifications
Under the Canada Labour Code, pregnant or nursing employees may request:
Job modification or reassignment
If current duties pose a health risk to themselves or their child
Some provinces, like Ontario and BC, explicitly detail breastfeeding accommodations.
Key Takeaways
Canada offers a comprehensive maternity and parental leave system, with benefit levels and leave durations varying across provinces—particularly in Quebec.
Nationwide, job protection remains strong and consistent, but employers must understand the interplay between federal EI benefit rules and provincial leave legislation to ensure full compliance.