Maternity Leave In Ontario: A Comprehensive Overview
Maternity leave in Ontario is similar to other provinces (except Quebec) and territories since it’s administered by the federal government. What makes maternity and parental benefits in Canada appealing is that you can still earn an income for up to 18 months while staying home to take care of your child.
When you’re on maternity leave in Ontario or parental leave, you’re on Employment Insurance (commonly known as EI) which pays up to 55% of your earnings, to a maximum of $650 a week (As of January 1, 2023). While these benefits are taxable, many Canadians feel less stress as they’re not worried about returning to work after just a few months because they lack an income.
Knowing how maternity leave works in Canada is vital since not everyone qualifies for EI benefits and it isn’t automatically given as soon as you have a child. Keep reading to understand everything there is about maternity leave in Ontario.
Maternity leave in Ontario vs. Parental leave in Ontario
One thing that confuses new parents is that maternity leave is different from parental leave. That’s right, there are two types of leave. They’re similar, but there are a few minor differences that you need to be aware of as they’ll affect how much money you’ll get.
Maternity leave in Ontario
Maternity leave benefits only apply to people who are away from work because they’re pregnant or have just given birth. This is for birth mothers. That means if you’re adopting or you’ve used a surrogate, neither parent would qualify for maternity leave benefits.
You can claim up to 15 weeks of standard benefits for maternity leave, but parents cannot share these benefits. Since parental leave can follow maternity leave, you can apply for both benefits at the same time.
Parental leave in Ontario
Parental leave (sometimes mistakenly referred to as paternity leave) in Ontario applies to both parents of a newborn or newly adopted child. These benefits can be shared, but you must choose between standard parental benefits or extended parental benefits. When sharing, parents must submit their own application and select the same option.
You also have the choice to take parental leave at the same time as your partner or one after another. Keep in mind that once you start getting your parental benefits, you can’t change options.
Standard parental leave in Ontario gives you up to 40 weeks of benefits. However, no parent can exceed 35 weeks of benefits. Note that new rules introduced in 2019 allows you to take 5 weeks of standard parental leave without affecting your spouse’s maximum of 35 weeks which is why there’s a limit of 40 weeks total.
When it comes to extended parental leave in Ontario, parents get up to 69 weeks of benefits, but no parent can exceed 61 weeks of benefits.
Note that maternity and parental leave are part of Ontario’s Employment Standards Act. Your employer can’t deny you these benefits.
Maternity Leave in Ontario eligibility
To qualify for maternity leave and parental leave benefits in Ontario, you need to meet the following criteria:
- You’re pregnant or have recently given birth when applying for maternity benefits
- You’re a parent with a newborn or newly adopted child when applying for parental benefits
- Your weekly earnings have decreased by more than 40% for at least one week
- You have accumulated 600 insured hours of work in the 52 weeks before the start of your claim or since the start of your last claim (whichever is shorter)
- Due to COVID-19, you currently only need 120 insured hours to qualify
While the above criteria are straightforward, you can always speak to a Service Canada representative to find out if you’re eligible. Part-time and full-time employees would qualify for maternity leave benefits as long as they meet the above criteria.
Once you come back from maternity leave, you would need to regain enough insured hours of work to go off on leave again. Similar to before, there’s no qualifying period. You could come back for six months and then go off again assuming you’ve met the eligibility obligations.
Pregnant employees that have a miscarriage or stillbirth more than 17 weeks before the baby’s due date do not qualify for pregnancy leave. However, if happens after that time frame, you’re still able to claim EI maternity benefits while you take time off.
Maternity Leave in Ontario for self-employed individuals
If you’re self-employed, you can still qualify for maternity leave in Ontario, but you need to register for access to EI special benefits for self-employed people. In addition, you need to meet the following criteria:
- A minimum of 12 months must have passed since your confirmed registration
- The time you spend on your business has decreased by more than 40% for at least one week because you’re pregnant, have recently given birth, or you’re caring for your newborn or newly adopted child
- You meet the minimum earned income amount during the previous calendar year before you apply for benefits. For 2020, you need to have earned at least $7,279 in 2019.
As long as you have a valid social insurance number, you may be eligible for maternity and parental benefits. This even applies to people who aren’t Canadian citizens.
Maternity leave pay in Ontario
As of January 1st, 2023, maternity leave pay in Ontario is 55% of your insurable earnings to a maximum salary of $61,600. That works out to a total of up to $650 a week.
For those who are taking parental leave, you have two options that pay different sums. Standard parental benefits will allow you to receive 55% of your insurable income for up to 40 weeks. Remember, no one parent can exceed 35 weeks of pregnancy leave pay in Ontario.
If you choose to take extended parental leave, your pay is 33% of your insurable income for up to 69 weeks. This gives you a weekly pay of up to $390. Again, no one parent can exceed 61 weeks of parental leave benefits.
The maximum amount of EI benefits you are entitled to is the same when it comes to standard and extended parental leave. It’s just paid out over 35 weeks or 61 weeks, depending on your choice.
That said, those who take standard parental benefits and return to work after 12 months where they can earn their full salary, often come out with more money than those who take the extended leave.
Some employers offer maternity or parental leave top-up, which can give you a nice boost to your income for a period of time. For example, your employer might top up your pay up to 80% of your income. That means they would give you an additional 25% of your pay on top of the 55% you’re getting from EI. Not every employer offers this, so check with yours to see what you’re entitled to.
Keep in mind that there is a one-week period where you won’t be paid which is referred to as the waiting period. The government likes to think of this as a deductible. Maternity and parental benefits are also fully taxable. How much you’ll pay depends on your household income, but for most people, it’ll be lower than their usual tax rate.
What you do with your benefits is up to you. Most people use it for regular bills and expenses, but there’s nothing stopping you from investing it in your high interest savings account, RRSP, TFSA, or RESP. Some people even use the money to pay off their debt.
How to apply for maternity leave in Ontario
As soon as you stop working, you’ll want to apply for maternity leave in Ontario. Do not delay your application! If it takes you more than 4 weeks after your last day of work to apply, you could lose some of your benefits.
The actual process of applying for maternity leave is easy. Just follow these steps:
- Choose your benefits
- Complete the online application
- Provide the required information
- Wait for your benefit statement and access code to arrive by mail
- Review your application
If your application is approved, you’ll get your first payment about four weeks after you applied. If your banking information is set up with your CRA account, then the money you’re entitled to will be directly deposited into your account. If not, you’ll get a physical cheque in the mail.
Unlike regular EI, you can still receive maternity and parental benefits while outside Canada. To find out when your EI payments end, check your My Service Canada Account.
Additional things to be aware of when going on maternity leave
Some of your employment benefits may include maternity leave top-up. That’s where your employer may pay the difference between what you get from EI and your regular wages. Since this is free money, it’s in the best interest of couples to take advantage of anything that’s offered.
While you’re out on your weeks of maternity leave, your regular benefits such as dental plans and contributions to pension plans won’t apply. However, some companies will let you buy into those perks when you’re off, which is likely worth it. Some employers may also offer unpaid time off if you need longer leave. Unpaid leave is not mandatory, so it’s up to the employer to decide.
Another expense you’ll want to factor in is life insurance. Now that you have a dependent, getting life insurance is the smart thing to do since it’ll protect your loved ones in case you were to suddenly pass. Term life insurance is relatively inexpensive, so it’s worth getting.
Final thoughts
The cost of raising a child in Canada is not cheap. Fortunately, there are government programs that provide financial assistance to people who qualify. Maternity and parental benefits will help, but be sure to get a hold of your finances as you’ll likely be spending a small fortune on your child for the next 20 years.
Hey Barry! Question. If a mom decided to take 18 months maternity (extended) mat leave/ei paid only for 12 months? or paid up to the 18 month?
Ashley,
You get 12 months of pay stretched out to 18months.
Hi Barry,
My wife left Job in January month when she got news of pregnancy ( within 1st month).
But we have not specified reason of pregnancy when she left job.
Her due date is 20 sept 2022.
So In last one year period from this date she completed 500 insurable hrs. So if she applicable to get maternity benefit ?
Nayan,
In theory, she should – https://www.canada.ca/en/services/benefits/ei/ei-maternity-parental/eligibility.html
That said, you may want to call Service Canada to confirm.
Hi Barry,
I am confused about the parental and maternity leave.
How do you get the full 18 months off? Do you apply for the mat leave first, followed by parental? I am planning on working right up until a week before my due date.
Hi Nadine,
It’s technically done at the same time when you apply for EI. Maternity happens first which is followed by parental leave. If I recall correctly, you just need to designated which parent is off. You can change it later but I’m fairly positive that if you choose 12 months, you can’t go to 18 later.
Will I qualify for maternity leave if I am currently/recently unemployed but did work at least 600 insured hours in the last 12 months before my due date?
Candace,
You should qualify still.
Hello Barry!
When is the earliest I can start my maternity leave and apply for maternity benefits? 17 weeks before due date?
Hi Caroline.
See here – https://www.canada.ca/en/employment-social-development/programs/ei/ei-list/reports/maternity-parental.html
Applying for EI maternity benefits
You can apply for EI maternity benefits before you give birth. In fact, you can start receiving benefits as early as 12 weeks before your due date or before the actual week you give birth.
You cannot receive EI maternity benefits more than 17 weeks after the week you were expected to give birth or the week you actually gave birth, whichever is later. When the actual date of birth is different from the expected date of birth, you must let us know the child’s actual date of birth as soon as possible by calling 1-800-206-7218 (TTY: 1-800-529-3742) or by visiting a Service Canada Centre.
Hi Barry,
I am in sales and make a base + commission how does this work for applying for maternity leave will the pay be based on my total income or just my base?
Amanda,
It should be based on your total compensation (assuming you include your commission when filing your taxes).
Hi Barry,
My wife stopped working on December 10, 2021 due to health reason that resulted in a high risk pregnancy. Her family doctor advised (medical certificate) her to take a bed rest (unable to work) for the rest of her pregnancy time.
Since we have been stressed out with her senior pregnancy for more than a month from that day and decided finally to apply for sickness Benefit and applied on February 8, 2022.
She has more than 420 insurance hours. So, is it possible to request for a back sate approval from December 10, 21 and forwards to get her sickness benefits which then followed by maternity and parental benefits?
Yohannes,
Yes, it would fall under section 3.1 – What is an antedate
https://www.canada.ca/en/employment-social-development/programs/ei/ei-list/reports/digest/chapter-3/antedate.html
Hi Barry
Is it possible to qualify for parental leave after 8 months of your child’s birth ?
Mybson was born by January 7 and my wife is not employed but i am a-full time .i am planning to complete my trade in the coming 2 months .therefore is it possible to apply for parental leave after 3 months.
Hello Barry ! I’m self employee,I need to apply for a special EI,but I would need to know if my application for maternity leave benefit would be accepted as I’m expecting to have a baby in May 2022,
Thank you
Caroline,
You need to have been in the self employed EI program for at least 12 months to qualify.
https://www.canada.ca/en/services/benefits/ei/ei-self-employed-workers.html
Hi Barry,
I will be going on maternity leave in July 2022.
My husband works in a trade and will be laid off from his job to go on EI. Does he get regular EI since he is laid off? Or does his EI still count as “parental leave” and come out of our 40 week allowance?
Thank you!
Kristen,
It would make more sense for your husband to just claim regular EI and you claim all the maternity benefits so you don’t lose out on anything.
Hi Barry,
Thank you for this article. If I choose to take a shorter maternity/parental leave, for example 6 or 9 months instead of the standard 12 months, do I get a higher EI pay per week?
Sparkles,
No, EI caps at the weekly limit regardless of how long you take off.
Hi Barry,
From what I am seeing, maternity leave in Ontario is 17 weeks? Do you only receive the benefit for 15?
Also, if sharing parental leave with my husband and going for the “Standard” parental leave, would the following be correct?
Pregnancy/Maternity leave – 15 (or 17 weeks)
Parental Leave – 5 weeks (as mom)
Parental Leave – 35 weeks (as dad)
For a total of 57 weeks? That equates to 14.5 months not 12, so I feel like I am adding something up incorrectly lol.
Thanks!
KM,
You get up to 17 weeks of pregnancy leave in Ontario which is unpaid time off.
MAternity leave is 15 weeks which qualifies for EI.
Standard Parental leave is up to 40 weeks as long as one partner doesn’t exceed 35 weeks.
Here’s a quick explainer:
https://www.canada.ca/en/employment-social-development/campaigns/ei-improvements/parental-choice.html
As for your original math, there are 52 weeks in a year. Looks like you were assuming 4 weeks a month.
I definitely was lol! Thank you for the information!
Hi Barry,
My wife is pregnant but is not employed, so she would not be able to get mat leave or parental leave. I work full time, would I still be able to apply for Parental leave in this situation?
Hi Yu,
Yes, you would still qualify for paternity leave.
Hi there,
I’m on long term disability, but have only been on it four months. Before this, I had a medical leave EI claim, so I don’t have my work hours to qualify for parental leave when I give birth in November. Can I take an unpaid (no EI) parental leave from my job so that I can be home with my baby for a year, and then go back to work, get my requisite hours in, and then apply for an EI paid parental leave for the same birth?
Sarah,
You must take parental leave within 78 weeks of your child being born.
https://www.canada.ca/en/employment-social-development/programs/laws-regulations/labour/interpretations-policies/parental-leave.html
You technically could take unpaid time off, go back and get your hours, and then take parental leave, but your employer would have to agree to that. I suspect most employers would not agree to it.
Hi Barry,
Is it possible to take the 12 month EI payments but take the full 18 months from my employer and work a part-time job for the additional 6 months? I’m assuming this wouldnt impact my EI payments as long as I wasn’t making income during the 12 months of my EI payments?
Kasia,
No, that’s not possible.
Hi Barry,
Similar question to Kasia, is it possible to take the standard 12 month EI benefits from service Canada but take 18 months of maternity leave with my employer, having the last 6 months as essentially unpaid? As in, I get the full amount within 12 months but then eek it out myself over the 18 months. This way, I can have the option of returning to work sooner with my employer, if I choose to do so? As far as my employer is concerned, I would just have to give 2 weeks notice if I want to return sooner than anticipated.
Hi Charlotte,
You’d have to ask your employer if it’s possible to get 6 months unpaid leave after your 12 months of parental leave. With parental leave, you have to choose 12 or 18 months, there’s no real wiggle room.
I thought the Ontario ESA says that we are job protected up to 61 weeks. Why would choosing the 12 months of EI affect that? I am the same I want the 12 months EI but want to return to work after 14 months. You are saying we don’t have job protection or option to return to work past 12 months just because we didn’t choose that EI option?
Hi Barry,
Am I eligible to get maternity/parental
If I still receive previously earned commissions from my job? Ie am I eligible for Maternity ei
If I still have other income?
Thanks,
SImone,
Commissions count as income so it won’t reduce the EI you receive – https://www.canada.ca/en/services/benefits/ei/various-types-earnings.html
That said, you can earn up to $50 a week without it affecting your payments – https://financialpost.com/personal-finance/young-money/five-things-every-soon-to-be-parent-needs-to-know-about-parental-leave
Hi Barry I am on maternity leave for 12 months. My daughter is almost 10 months old and I want to extend my leave to 18 months. I’m told that I will be unpaid for those extra 6 months. If that is so, am I able to work a part time job without getting my wages garnished?
Stephanie,
Since you won’t be on EI anymore, there’s no clawback. You’d just be earning regular income.
Hi Barry,
I am due to give birth in September 2022. I have been unable to work since March due to the physical nature of my job and issues with the pregnancy. I was previously on medical leave until January of 2022, and do not have the hours to qualify for maternity leave.
Am I still eligible for unpaid pregnancy leave (up to 17 weeks prior to due date) and then unpaid parental leave (once the baby is born)?
I am not concerned about compensation but, would like to ensure my job and benefits are secure, as I have high prescription drug costs and losing my benefits would be a severe financial hardship.
Rebecca,
From what I understand, authorized sick leave should not affect your maternity/parental benefits. YOu should call Service Canada to confirm.
As for unpaid time off, you’d have to ask your employer if they can provide that to you. That said, many employers would require you to continue to pay into the drug plan if you’re off to continue to receive benefits. You may have to speak to your HR department about your situation.
Hi Barry.
I’m due for June 15th and currently employed on Contract basis in Ontario. Is it possible I can go for parental leave after September once my contract ends or is there a time frame after delivery as to take the parental leave?
Rhea,
I believe you can, but you’d have to contact Service Canada to confirm.
Hi,
It says that you can take maternity leave as early as up to 15 weeks. If I am due august 25 and planning to work till august 15. I am eligible for both maternity and parental leave. Will the parental leave kick in as soon as I deliver or I can max out the 15 weeks of maternity leave before the parental leave kicks in?
thanks
Erica,
You get all your weeks of maternity and parental regardless of when you started maternity and when your child is born.
Thank you! One more thing. My husband wants to take a a month or 2 off after my 12 months of leave. Is that possible? Do we need to apply for that?
Erica,
You can split parental leave, so your husband wouldn’t be able to take two months off if you took the entire 12 months. The only exception is if you took extended leave where you split 18 months.
Hi Barry,
Can I attend full time online classes for college at the same time that I would be receiving my parental leave benefits? And do single parents qualify for a higher amount of ei benefits?
Hi Bennie,
Yes, you can attend school while on parental leave. You do not get any additional benefits as a single parent.
Hi Barry,
I just want to understand the leave is 18months in total with guarantee your job ?
I am confused? I only knows then leave is for one year and half? Is it about payment or my securely job too?
Erica,
You get up to 12 months off if you can standard maternity / parental leave. If you choose extended parental leave, you get up to 18 months off. In both cases, there’s a maximum amount of $ from EI that you can receive. You don’t get more by choosing one over the other.
Tehnically speaking, your employer needs to guarantee you a job when you return from your leave. That said, if your old position has been eliminated, your employer could offer you a similar job if available.
Hi Barry,
My wife is starting Maternity leave 2 weeks before her due date, can I start receiving parental benefits the day my baby is born?
I’m pretty much asking can we both receive EI at the same time, her maternity and I parental?
Hi Sean,
I believe it’s possible, but once you start parental leave benefits, you can’t stop them. That would limit how much time your wife can take after her maternity leave benefits end.
Hi Barry,
I am going on mat leave soon and plan to take maternity and extended parental leave. I’d like my husband to be off for the first 4 weeks once the baby is born. Is this possible without interfering with my extended parental leave allotment?
Vanessa,
In theory, parental leave can be taken at the same time, however, once it starts, it can’t be stopped. That means it would cut into the parental time you get after your maternity leave ends.
Hi Barry,
Thanks for providing this article, it was very informative! I do have a question as this is my first time applying for maternity leave.
I intended to take a 1 year leave from work and I am due the end of August. My husband would also like to take about 5-6 weeks off once the baby is born.
What plan should we apply for and will his 5-6 weeks off interfere (as in take from/decrease) the amount of money I would be receiving for my 1 year leave?
I would really appreciate your insight, thank you in advance!
Hey Chantelle,
So the maternity leave is all yours, but you have the option to split parental leave. If he takes 5-6 weeks off, it would cut into your parental leave.
The only thing he could do so it doesn’t cut into your time is to take vacation time or unpaid time off (if his employer allows it).
Hi Barry,
Thank you so much for the reply!!
So to confirm;
– I can take the maternity leave which is 15 weeks
– My husband and I can both take the standard parental leave which is 40 weeks
– According to the article, he can take 5 weeks standard parental leave which won’t interfere with my 35 weeks standard parental leave
– However, with him taking parental leave this will cut into the $638 a week.
Does this mean for the 5 weeks he is on leave we would split the $638 in half? And once he is back to work I would go back to receiving the full amount?
Sorry for the multiple questions, just want to ensure I have the correct information.
Thanks again!
Chantelle,
So for parental leave, you and your husband get up to 40 weeks combined. However, one parent can’t take more than 35 weeks. So you can take 35, and your husband can take 5. The weeks can be taken at the same time. If that happens, you’d both be on EI and getting the $638 a week maximum. Being off at the same time does not reduce how much you get paid.
A little confused when reading the ontario website critera.
I’m due November 5th and have banked two week vacation which i plan on taking close to the end. I would be taking 12 months off on mat leave would i be receiving 55% of my insured income for the 12 months or 33% or is it 55% up to 35 weeks then after that 33% ?
If i’m taking 12 months is that standard or extended materinty leave?
Bhavesha,
55% applies to standard maternity/parental which is 12 months. If you take the extended parental leave, it drops to 33%.
Hi Barry, If my wife take 12 months and I want to take 6 weeks. What will the %’s be that we would be eligible for each? We would like to take it at the same time.
Koos,
You and your wife can share up to 40 weeks of parental leave, but one parent cannot receive more than 35 weeks of standard benefits. EI has a weekly cap of $638. You can take the leave at the same time, but note that once parental leave starts, it can’t be stopped.
hi, my wife working and she is pregnant, she has already availed the 7 weeks sick leave during pregnancy. Now we want to apply for rest of sick leave (8 weeks) plus mat leave and parental leave all together. can we that? they say that we need 480 hours from last claim but didn’t mentioned what type of claim. could you please help me?
Ramandeep,
Sick leave would need to be approved by your wife’s employer. She would need the recommendation of sick leave from her healthcare provider. Alternatively, she could apply for Maternity leave early. It is possible to apply for maternity leave and parental leave at the same time. The 480 hours from your last claim refers to the last time the person making the claim was on EI.
For back to back maternity/parental leaves, how many insured hours are needed to qualify for the second leave? I understand this changed due to covid and am now unsure if it is 600 or less. Also- Do paid vacation days count in the hours?
Chelsea,
You only require 420 hours now to qualify for EI. Paid vacation days count, assuming you took the time off.
https://www.canada.ca/en/revenue-agency/services/tax/businesses/topics/payroll/payroll-deductions-contributions/employment-insurance-ei/establishing-number-insurable-hours-record-employment-purposes.html
“One hour of vacation time taken, paid sick leave, or compensatory time off is considered to be one insurable hour.”
Wow thanks for the fast reply! I see that this is 420 hours is valid until September 24, 2022. I will be returning to work after this date, likely November. Do you think I should assume it will revert back to 600?
Chelsea,
Presumably, the insurable hours would go back up to 600 once the deadline passes.
Hi Barry,
My wife is due in two weeks and is starting her maternity leave this week.
If she gets the full 15 weeks paid for maternity leave and full 35 weeks of paternity leave. That only adds up to 50 weeks. Does that mean she will be unpaid for 2 weeks?
If so could she go back to work 2 weeks early?
Thanks
Trey,
Each couple can take up to 40 weeks of parental leave, but it tops out at 35 weeks per person. So your wife could take 35 and you can take 5.
If it’s only her taking the leave, she can go back early as long as she gives at leat 4 weeks written notice to her employer.
Hi
am in maternity leave now but I get pregnant again so I’m going to get maternity leave again because my maternity leave will end October 2022 and that time am six months pregnant.
Ayan,
If you accumulate the required 600 hours between your two maternity leaves, you would qualify again.
I did before but now I get pregnant when am in my maternity leave so am I get again maternity leave without going back to work.
AYan,
Since you haven’t gone back to work, you won’t have enough hours for EI. You would still get parental leave, you just won’t qualify for EI benefits.
What happens if you get pregnant while on maternity?
You can go on maternity leave again if you get pregnant while you’re already on maternity leave. You don’t need to go back to work between your pregnancies. You’ll need to check whether you can get maternity pay a second time, but apart from that you have the same rights as during your first pregnancy. Why they wrote this in the website. It is true or not.
https://www.canada.ca/en/services/benefits/ei/ei-maternity-parental/eligibility.html
Click under if you had A recent claim. You’ll see that you need to requalify for EI benefits. If you don’t go back to work, you won’t get EI, but you can get unpaid parental leave.
If you need an explanation, contact service Canada.
Only they can give you a definite answer.
Hi Barry,
I have two questions regarding maternity leave and parental leave, please:
1. My due date is November 25, 2022. I resigned my first job after I found second job in June. I plan to take maternity leave at the end of October. I was on sick leave for three months in my first job. How they calculate my hours to quality for EI please? Will they add the hours up for two different employers? Or only the hours I worked for current employers?
2. Is my husband qualified for parental EI? He is self-employed, but he hasn’t working since pandemic started? I planed to take 18months maternity leave, I will take the maximum weeks of extended parental leave, and he will take the rest weeks. Is he qualified for this?
Thank you so much for answering
Wei,
As long as you’ve accumulated enough EI hours in the last year or the last time you were on EI, you would qualify. Changing jobs would not affect that.
Your husband would only qualify for EI if he’s registered in the self-employed program – https://www.canada.ca/en/services/benefits/ei/ei-self-employed-workers.html
However, since he hasn’t been working, it’s unlikely he’d qualify.
I want to take the full maternity leave and parental leave and for my husband to use the additional 8 weeks. Can I take the full 15+61 weeks and my husband take the additional 8 weeks once I finish my time off? Ie. I am off for 76 weeks and then my husband is off for 8 weeks? Or does the 8 weeks have to fall within the 76 weeks?
Thank you
Hey Dianne,
Your husband can take it after your 76 weeks.
We’re being told by his work that the 8 weeks must be taken concurrent to my time off, ie. during the 18 months.
Dianne,
You’d have to check with Service Canada.
Hi Barry,
Me and my husband just moved to Canada on work permit. I have started my job from 15th August and already have SIN number. I am Pregnant and have a due date of 10th November. Would I be able to take the maternity leaves or parental leaves if I go on leaves and come back later and complete the required hours or if I take my annual leaves right after the delivery to complete the required hours. My husband will continue to work so would he be able to pass on the paid paternity leaves to me.Also the 600 hours criteria- would it apply to anyone who applies for EI after September or is there any other way. Would need your help to understand if there is any way we can get EI benefit. We have various commitments and loosing full salary of one of us would lead to a very challenging time (wasn’t aware about this rule before we came in)
Hey Barry, thanks for the article!
I’d like to get some advice for my wife and I, we’re hearing different things from Service Canada, our friends, etc.
My wife is on her mat leave, we had the baby in July, and she was working full-time for her employer. In addition to that full-time job, she also started her own business as a side-gig. She’d like to go back to doing her side-job, but doesn’t want to miss out on her EI payments dollar-for-dollar, as it doesn’t make a whole lot of sense.
Are there workarounds to where she could make some money on top of her EI in a legal/ethical way? Thinking maybe she gives herself a big, saved up bonus in 2023 when she comes off her leave, or gives herself a raise next year, invest in items for the business, etc?
Any guidance or suggestions would be appreciated!
Hey Joey,
No legal loophole for your wife’s situation. If she’s earning an income while on maternity leave, her EI benefits would be reduced accordingly.
If she was incorporated, she could defer payments to herself. But that would only be worth it if she’s already incorporated.
The workaround that you’re suggesting is what some people do. However, doing so would risk an audit from the CRA. I have no doubt people do that, but it’s tax evasion.
Makes sense, and confirms my suspicions. Thanks for the quick reply!
Hi Barry,
I am currently into my sixth month of maternity leave ( I opted for 12 months)
I am supposed to be going back to work in mid February 2023. We found out I’m pregnant with my second baby – due sometime mid April.
This timeframe is obviously tight to put in the 600 hours required to apply for an additional maternity claim.
I’m running through some scenarios, but had some questions about each.
1. If I go back to work around 8/9 months of this current mat leave – do I bank those months? would this allow for less hours to be worked (from the 600 hrs required) to qualify for next mat leave claim?
2. If I got a part time job, I am aware that my current benefit $$ value would be deducted accordingly (which is totally fine) however, wondering if you can confirm if these part time hours will be banked into my 600 hours worked? I’m thinking maybe not because I’m still technically on a claim??
Hoping you can assist – thank you!
Julie,
You can’t bank maternity leave. Heading back to work early to build up your insurable hours would likely be the easiest thing to do to qualify for EI again.
In theory part-time hours should count since your employer can prove you worked those hours.
Honestly, contact Service Canada for an exact answer.
Hi Barry,
What a fantastic resource this is! Thank you for all your answers.
I work full time and will be able to claim maternity leave in Ontario. However, I also work on the side as a consultant. Currently, the business is not incorporated (so it’s tied to me personally), but if it was incorporated, would I be able to continue to do my work as a consultant while claiming maternity leave? Note, I am not actually pregnant, but am considering this well in advance and currently deciding whether or not to incorporate, so I have time.
Thanks in advance!
Hi Amanda,
Being incorporated is irrelevant. You’d be earning an income so you would have to report it on your EI claims. That would result in a reduction of your EI benefits.
Hey Barry,
– pregnant woman without PR (just on working holiday visa) still have a entitlement to allowance?
– what about if She has 600 hours but as a part time job at two employees (on both paystubs are EI listed)
– She works at bar (tips are not included in her paystub) how will be the maternity pay counted?
Thanks Barry
Ronald,
Those on a working visa should still qualify for EI benefits. As long as you’ve earned enough qualifying hours, you should still receive EI. The payments are based on your taxable income. If the tips were reported on her taxes, then she would likely be entitled to a percentage when filing for E.I. However, if tips were not reported at all, then that’s technically tax fraud, so she shouldn’t expect any extra income from EI based on those tips.
Hi,
I am trying to figure out how much I can expect to be deposit in my bank account per week/ bi-weekly. I see the amount for a standard leave is $638/ week. Will I be receiving this full amount or what deductions are taken for the net amount into my bank account? If it’s only myself taking the leave does my husbands income matter in regards to the net amount I receive?
Chantelle,
You’re taxed at the source for EI. The amount of tax you’ll pay depends on the province you live in, but in theory, it should be at your marginal tax rate (whatever your expected pre tax EI payments would be). That said, sometimes you’re taxed less on your EI payments. That means you might owe some money when you eventually file your tax return.
Your husband’s income won’t affect your payments, but your income may affect his tax burden.
Thanks for the prompt reply, so if I live in Ontario and I am eligible for the full benefit amount ($638/ week) I would be taxed on that amount annualized (638x 52= $33,176) or just over the 40 weeks?
Chantelle,
The way I read it is like this. The government will assume that you’re just making $33,176 for the year and tax you at your marginal tax rate based on that amount. However, if you return to work within that tax year, you’d end up making more money, so the tax withheld from your EI payments would be too low, so you may end up owing some taxes.
Hi Barry,
I am on 12month maternity+ parental leave. I have now changed my mind and want to extend to the 18month parental leave. I understand benefits will not be extended but do i need any approval from Service Canada? Or simply notify my employer that I would like to extend 6 more months unpaid? Does my employer have the right to refuse me taking additional 6months?
Hey Winnie,
You just need to inform your employer as you’re legally entitled to take up to 18 months off.
Hi Barry,
For the 5 or 8 weeks a spouse is eligible to take at the same time or additionally to the person taking the full parental leave, can these weeks be split? For example 1 – 2 weeks at a time? Or does it have to be taken 5 or 8 weeks consecutively?
Hey Mikayla,
I believe you can split the weeks up, but I’m not sure.
Hi Barry,
I took 18 month Mat leave but we are in need of money. If I go back now ( 4 months left of mat leave), will I get paid a lump sum of EI for the 4 months of mat leave I am not taking?
Lindsay,
No, you wouldn’t not get a lump sum payout if you go back early.
Hi,
I hope I can still get an answer. If my husband and I decided to take extended parental leave at the same time, can I take the 12months and my husband takes 6 months at the same time?
Anna,
Yes, that’s possible – https://www.canada.ca/en/employment-social-development/campaigns/ei-improvements/parental-choice.html
“When applying for EI, both parents must choose the same option (standard or extended). Each parent must indicate how many weeks they plan to take. Parents can receive benefits at the same time or separately.”
Hello,
Do you know if the reduced hour requirements due to COVID-19 are still in effect?
Thanks!
Maris,
The reduced hours requirement has ended.
I’m currently employed in Hamilton for last four months, but I don’t have a full-time status. I’m a permanent resident also.
Am I eligible for child benifits?
Charu,
As long as you’ve worked enough insurable hours, you’re good. Full-time status does not matter.
Hey,
If we took maternity pay for 12 months for myself as the mother, would my husband still be able to take the first month as paternal leave at the same time? Also if we decided to get pregnant again and only work 3-4 months would I qualify for another maternity pay leave?
SM,
You and your husband can take leave at the same time. It just cuts into the overall benefits. As for your second question. As long as you earn enough insurable hours in those 3-4 months, you would qualify for EI again.
Hello,
I am currently on extended parental leave due to go back to work May 23 (off since December 2021). I am currently pregnant and am due June 4. My work has informed me I need to use up my accumulated vacation days before returning to work which will bring me to June 14 return date, and then continue time off as unpaid leave for recovery after birth. I am planning on returning to work full time and my husband will be taking the paid time off this time with the baby, however, he is not sure if he wants to take the full 12 months.
1. If I accumulate the 600 hours once I return to work and he decides to return to work early, will I qualify to take the remainder of the leave?
2. If so, will we have to disclose this on the initial application or can we make changes throughout the 12 months?
Thanks!
Katie,
No, you would not qualify. You need to earn your insurable hours before you go on E.I. The best way to do this is to return early to get your hours and then go on mat leave again. However, with your due date coming up so soon, you won’t earn enough hours in time.
Hi Barry. I am self employed and will not be using any maternity leave (will just take an h paid leave).
My husband works full time. Would he be eligible for all the parental leave (since I’m not taking any) or just 5 weeks paternal?
Thank you!
I will take Unpaid leave ***
Niki,
As long as he’s put in the qualifying hours, he would be eligible for parental leave
Fantastic! Thank you
Hi Barry,
I have 3 specific questions:
1. If I’m employed by a Quebec based company, but I live in Ontario and work from home remotely, must I still make contributions to Quebec’s Parental Insurance Plan (QPIP)?
2. Is there an Ontario equivalent to QPIP regarding parental leave, or am I completely out of luck with this new employment in the event that I decide to have another child, or adopt a child, or lose a child, and need to take a parental leave?
3. What other recourses/benefits do I have pertaining to this issue as a remote worker in Ontario?
Thank you.
Hey Breeanne,
In theory, you would fall under Ontario’s rules since that’s where you file your taxes. That said, this goes beyond my expertise so you’d likely want to contact the government for clarification.
Hi Barry,
Wanted to comment again incase you don’t see my other one. I want to take 12 months EI maternity/parental leave. But I am taking 2 months off before due date and don’t want to return to work when the baby is only 10 months old. Therefore, can I return to work after a total of 14 months (which is 12 months after due date). Or does the fact that I choose 12 month EI force me to go back to work after the 12 months?
Jenna,
I’m not an employment lawyer, but the way I understand it is that the ESA protects your job just for the mat leave duration. SO in the case of 1 weeks, that applies only to those who taxed extended maternity. You could technically go back to work after 14 months, but you’d have to see if your employer will give you 2 months of unpaid leave (or you use vacation time). When you return, nothing would be guaranteed since your mat leave would leave would have technically ended at 12 months.
Hi Barry,
I discussed with my employment lawyer and she also suggested to call Ministry of Ontario to confirm. I called them and they say that the Canada EI coverage for payments for maternity leave is completely independent from the Ontario laws of job protection of up to 18 months. They even said that someone who doesn’t qualify for the EI payments or decides not to apply for the EI money (decides not to for whatever reason) still is covered by Ontario ESA job protection. Therefore, even if I choose 12 month EI payments I am still entitled to my job back, up until 18 months after due date. My lawyer had also indicated this after reviewing the laws but said it was also good to hear direct from the ministry too.
Hello,
Is it possible to take a back to back to back pregnancy without losing your job protection. I know you won’t qualify for ei unless you worked the hours again but is your employer still obligated to hold your position as per the esa. Basically what I’m asking is is their a limit to how many maternity leaves you can take in a row without going back to work between pregnancies?
Thank you!
Hi Moon,
If you haven’t earned enough insurable hours, you wouldn’t be able to take a second maternity leave. You could ask for unpaid time off, but your employer is under no obligation to grant you that request. Some people will return to work early just to earn enough hours for their second leave.
Hello Barry,
I know I’m not entitled to EI without the insurable hours. What I meant is, is my job still protected under the ESA act for
a back to back maternity leave?
Moon,
Yes as the maternity leave’s are considered separate. Note that your company doesn’t have to give you the same job back, there just needs to be a job. Of course, there’s nothing stopping them from finding another way of laying you off.
Hello Barry,
My partner and I would like to share leave:
We would take the first 4 weeks together, then she would take an additional 24 weeks alone. We would then take another 4 weeks together and I would take another 20 weeks alone. That would add up to 60 weeks total shared between the two of us, over a 52 weeks period.
Would that be possible ? How much could EI give us ?
Note that we are both working in the private sector.
thank you
Hi Jon,
In theory that would be allowed but you would exceed the maximum payments.
Standard parental leave in Ontario gives you up to 40 weeks of benefits. However, no parent can exceed 35 weeks of benefits. Note that new rules introduced in 2019 allows you to take 5 weeks of standard parental leave without affecting your spouse’s maximum of 35 weeks which is why there’s a limit of 40 weeks total.
Hii,
Can i change my maternity from 12 months to 8 months once processed?
How will it affect my benefits, like would i receive same total amount in 8 months or it will continue to be whatever i am receiving right now.
Guiri,
You can go back early, but you won’t be paid out anything extra. You would only receive EI benefits for the 8 months.
Hi Barry
I came to ottawa from a work permit and working for my employee here since April 2023.
I’m a full time employee as well.My due is on November 2023.(so april to november that covers my 600 hours)Am i eligible to receive maternity and Parental benefits.(leave and pay)
Thanks in advance
Jane,
You have enough insurable hours so you would qualify for full benefits.
Thanks for you prompt response. Does that mean though i hold a work permit that does not make any issue for the maternity and parental benefits right. Sorry i just need to make sure if everything is fine.
Hey Jane,
The benefit applies to foreign workers. You just need to provide the right info when applying.
https://www.canada.ca/en/employment-social-development/programs/ei/ei-list/reports/maternity-parental.html
What information do I need to apply
To complete the online EI application, you will need the following personal information:
your social insurance number (SIN)
if your SIN begins with a 9, you will need to provide proof of your immigration status and work permit
Really appreciate that you replied bcz mostly people dont respond
Thank you very much