Family
What Canadians Get Wrong About Parental Leave
By Sophie Clarke · 2026-03-16 · 7 min read
What is the difference between maternity and parental leave in Canada?
Maternity leave and parental leave are legally distinct in Canada, though they are often discussed together.
Maternity leave (also called "pregnancy leave" in some provincial legislation) is available only to birth parents and is typically available for up to 15 weeks before or after the birth. Parental leave — the period following birth or adoption when parents care for a new child — is available to either parent or split between both, regardless of gender.
Employment Insurance (EI) provides income replacement during both periods, though the amount and duration depends on which leave type and benefit option the parent chooses. Employment and Social Development Canada administers the federal EI programme, but provincial laws also govern job protection rights, which interact with the federal benefit system.
How much does Employment Insurance pay during parental leave?
The EI parental benefit replaces a portion of insurable earnings, not the full salary. There are two options with different trade-offs:
- Standard parental benefits: Replace a set percentage of average weekly insurable earnings for up to 40 weeks (split between two parents, the combined maximum is 40 weeks).
- Extended parental benefits: Replace a lower percentage of average weekly insurable earnings for up to 69 weeks (combined maximum 69 weeks when split).
The standard option pays a higher weekly amount but for a shorter total period. The extended option pays less per week but stretches the benefit over a longer time.
The specific percentages and weekly maximums are updated periodically. Confirm current rates at the Government of Canada website, as figures change and the most accurate information comes from the official source rather than third parties.
Can both parents take parental leave at the same time?
In most cases, yes — both parents can take parental leave simultaneously if they choose. However, the total weeks of EI parental benefits available is a combined pool, not a separate entitlement for each parent.
If both parents claim benefits at the same time, the weeks are counted concurrently. This means the overall duration of the combined benefit period is shorter.
The "use-it-or-lose-it" provisions for non-birth parents — sometimes called the "daddy bonus" or second parent top-up weeks — are worth understanding specifically. In the standard parental benefits option, five additional weeks are available exclusively for the second parent (or non-birth parent). These weeks are forfeited if the second parent does not take them; they cannot be transferred to the birth parent.
What if I am self-employed?
Self-employed Canadians can access EI maternity and parental benefits, but must first opt into the EI programme for self-employed people and pay into it for at least 12 months before making a claim.
The benefit rates and eligibility conditions for self-employed participants mirror those of employees, but the opt-in requirement means that planning is essential — you cannot register immediately before a birth or adoption and expect to qualify.
If you are self-employed and planning to have children in the coming years, checking your registration status with Service Canada now is worth doing.
Does my employer have to hold my job while I am on leave?
Provincial employment standards legislation requires employers to reinstate employees to their previous position (or a comparable one) following parental leave. The specific protections, job protection periods, and notification requirements vary by province.
In most provinces, the protected leave period under employment standards legislation is at least as long as the maximum EI benefit period, meaning that employees cannot legally be dismissed or demoted for taking leave.
However, job protection under employment standards is distinct from EI benefit eligibility. You can be entitled to receive EI benefits even if your employer is not obligated to hold your position — for example, if you work for a very small employer in a province with different protections, or if your employment was already ending before the leave period began.
The most common error people make with Canadian parental leave is assuming the rules are simpler and more uniform than they actually are. The interaction between federal EI rules and provincial employment standards requires checking both, not just one.
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