Maternity and Parental Leave in Canada: Leave vs. EI Benefits

When people ask how long maternity leave is in Canada, they are usually asking two different questions at once. One is how long an employee's job is protected while off work. The other is how long they can collect government income replacement during that time. These come from different laws and different governments, so the two numbers do not have to match.

Job-protected leave comes from employment standards legislation: each province's own act, or the Canada Labour Code for federally regulated employers. Income replacement comes from Employment Insurance (EI), a federal program, everywhere except Quebec, which runs its own Quebec Parental Insurance Plan (QPIP, also called RQAP). This article walks through both tracks and how they fit together.

Two Different Things: Leave and Benefits

Job-protected leave is a right to take time off work without losing your job. It does not, by itself, pay any money. Income benefits are the payments that replace part of an employee's earnings while they are off. Outside Quebec, EI pays those benefits. In Quebec, QPIP does.

Because these come from separate laws, and outside Quebec separate levels of government, an employee's protected leave and the benefits they collect during it are not guaranteed to be the same length. Applying for one does not automatically start the other: an employee still has to give their employer the notice their employment standards act requires, and separately apply to Service Canada or Revenu Quebec for benefit payments.

EI Maternity and Parental Benefits (Federal, Outside Quebec)

Everywhere in Canada except Quebec, income replacement around pregnancy and a child's birth or adoption comes from federal EI special benefits, administered by Service Canada. There are two distinct benefits: maternity and parental.

Maternity Benefits

EI maternity benefits are only for the parent who is pregnant or has recently given birth. They pay up to 15 weeks at the basic EI rate of 55% of average insurable weekly earnings, up to a maximum amount set each year. Benefits can start as early as 12 weeks before the expected due date and cannot be paid more than 17 weeks after the due date or the actual date of birth, whichever is later.

An adopting parent, or a parent whose partner gave birth, cannot claim maternity benefits, though both parents may claim parental benefits.

Parental Benefits

EI parental benefits are open to both parents, biological or adoptive, and can be shared between them. Applicants pick one of two options when they first apply, and the choice cannot be changed afterward:

• Standard parental benefits pay 55% of average insurable weekly earnings, for up to 40 weeks total shared between both parents, capped at 35 weeks for either parent alone. These must be claimed within 52 weeks (12 months) of the child's birth or placement.
• Extended parental benefits pay a lower rate, 33% of average insurable weekly earnings, but for up to 69 weeks total shared between both parents, capped at 61 weeks for either parent alone. These must be claimed within 78 weeks (18 months) of the child's birth or placement.

To qualify for either benefit, a claimant generally needs 600 hours of insurable employment in the 52 weeks before the claim, or since their last claim, whichever is shorter. That flat 600-hour threshold applies nationally and does not vary by region the way regular EI benefits do. Self-employed people can access these benefits only if they voluntarily registered for the EI Special Benefits program at least 12 months before making a claim.

The Quebec Parental Insurance Plan (QPIP/RQAP)

Quebec opted out of using federal EI for maternity, paternity, parental, and adoption benefits. Instead, workers based in Quebec, including the self-employed, pay into and claim from the Quebec Parental Insurance Plan, commonly called QPIP or RQAP.

QPIP offers a Basic Plan and a Special Plan. The first parent to file a claim chooses between them, and the choice cannot be changed afterward. Both plans cover maternity, paternity, and shared parental benefits, generally at a higher wage replacement rate than EI over a shorter overall period, plus separate categories for adoption.

Under the Basic Plan, maternity benefits pay 18 weeks at 70% of average earnings, paternity benefits (reserved for the second parent) pay 5 weeks at 70%, and shared parental benefits pay at least 32 weeks, the first 7 weeks at 70% and the rest at 55%. Parents who each take at least 8 weeks of shared parental benefits unlock 4 additional shared weeks.

Under the Special Plan, maternity benefits pay 15 weeks at 75%, paternity benefits pay 3 weeks at 75%, and shared parental benefits pay 25 weeks, all at the flat 75% rate. Parents who each take at least 6 weeks unlock 3 additional shared weeks.

Unlike EI, where self-employed coverage is optional, Quebec's self-employed workers must contribute to QPIP based on net business income and can claim benefits on the same basis as employees, subject to QPIP's own eligibility rules. Exact current maximum insurable earnings and weekly dollar amounts change each year, so anyone in Quebec planning a claim should confirm current figures on the official RQAP website.

Job-Protected Leave: Set By Each Province

Separately from any benefit payment, employees have a right to unpaid, job-protected leave under employment standards legislation. Its length is set independently by each province and territory and does not automatically match the EI or QPIP benefit periods above.

Ontario is a commonly cited example. Under the Employment Standards Act, an employee employed at least 13 weeks before the due date can take up to 17 weeks of unpaid pregnancy leave. Parental leave runs up to 61 weeks for a birth parent who also took pregnancy leave, or up to 63 weeks for any other new parent, including adoptive parents, and must begin within 78 weeks of the child's birth or arrival.

Other provinces set broadly similar, but not identical, numbers. British Columbia provides up to 17 weeks of pregnancy leave, plus up to 61 weeks of parental leave for a parent who took pregnancy leave, or 62 weeks for others. Alberta provides 16 weeks of maternity leave and up to 62 weeks of parental leave. Every province also sets its own length-of-employment threshold for qualifying, so the current rules for a specific workplace should always be checked against that province's own employment standards.

Employees of federally regulated employers, such as banks, airlines, and interprovincial transportation or telecommunications companies, are not covered by their province's act at all. Part III of the Canada Labour Code instead gives them up to 17 weeks of maternity leave and up to 63 weeks of parental leave, unpaid, with an additional shared block available when both parents work for federally regulated employers. These employees still apply for income replacement through EI or, if based in Quebec, QPIP, exactly like anyone else.

Putting Leave and Benefits Together

Because leave length and benefit length come from separate laws, they will not always line up exactly, and that is by design rather than an error. For example, an Ontario employee combining EI maternity benefits (up to 15 weeks) with standard EI parental benefits (up to 35 weeks for one parent) can collect benefits for up to 50 weeks, inside the 61 to 63 week window Ontario protects their job.

Planning a leave typically means doing two separate things: giving an employer the notice their employment standards act requires, and separately applying to Service Canada or Revenu Quebec for income benefits, ideally close to the start of the leave. Missing one step does not cancel the other, but it can delay pay or cause confusion with an employer about return-to-work timing.

For more on related workplace topics, see our Canada employment law hub, or browse Canadian law by province for other legal topics by jurisdiction.

Disclaimer

This article provides general information about maternity and parental leave and benefits in Canada. It is not legal or financial advice and does not account for the specific facts of any individual situation. Eligibility rules, benefit amounts, and leave lengths are updated periodically by the federal government, the Quebec government, and each province. Anyone planning a leave should confirm current figures on the official Service Canada, RQAP, or provincial employment standards website, and consult an employment lawyer for advice specific to their circumstances.