Parental leave in Ontario provides a critical opportunity for new parents to bond with their child without the pressure of immediate return to work. Under the Employment Standards Act (ESA), eligible employees are entitled to parental leave, which may be taken by either parent, or shared between them.

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Understanding Your Entitlements

In Ontario, parental leave can be taken by biological, adoptive, or legally recognized parents. Typically, an employee is entitled to up to 63 weeks of unpaid parental leave following maternity leave. This leave is job-protected, meaning your employer must reinstate you in the same or comparable position upon your return.

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Eligibility Requirements

To qualify for parental leave, you must have been employed for at least 13 weeks before the leave begins. Both full-time and part-time employees are eligible, although the exact duration may vary based on your employer’s policies. It’s important to note that while parental leave is unpaid under the ESA, many employers offer supplemental benefits or top-up programs.

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Applying for Parental Leave

When planning for parental leave, you should provide your employer with at least two weeks’ written notice before the leave begins. The notice should include your intended start and end dates. Check your employment contract or company policy for any additional requirements. The law protects you from being penalized for taking parental leave, so it’s vital to communicate clearly and follow proper procedures.

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Financial Support During Parental Leave

While parental leave itself is unpaid under the ESA, most parents can access Employment Insurance (EI) parental benefits through Service Canada. EI benefits provide temporary income replacement and are available for up to 40 weeks, shared between parents if desired. It’s essential to apply for EI benefits as soon as you become eligible to ensure you receive the maximum support available.

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Free Consultation with Ottawa Employment Lawyers 

Parental leave in Ontario is a valuable benefit that supports the needs of new families. Understanding your rights and responsibilities can help you navigate this period with confidence. Whether you are planning your leave, applying for EI benefits, or negotiating flexible work arrangements upon return, being well-informed is the key to making the most of your parental leave. If you encounter issues, please do not hesitate to reach out to our team of experienced Ottawa employment lawyers for a free legal consultation. Randy Ai Law Office can be contacted at (343) 321-0800 or fill out our contact form.