Calculate your leave entitlements, deadlines, and notice requirements under the Employment Standards Act.
Qualified for pregnancy leave (13+ weeks between hire and due date)
Still qualified β 13+ weeks between hire and due date is what matters, not actual birth date
27 weeks total (12 weeks after the stillbirth was later)
To change to an EARLIER date: 2 weeks notice before the NEW date. To change to a LATER date: 2 weeks notice before the ORIGINAL date.
4 weeks written notice required before the new earlier return date.
4 weeks written notice required before the original end date. Unless the employer agrees, you cannot extend beyond your ESA entitlement.
4 weeks written notice required. Notice not required if constructively dismissed.
| Action | Deadline | Notice Period |
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Reinstatement: In most cases, you're entitled to your same job (or a comparable job if the old one no longer exists), with the same or higher wage. Wage increases that would have applied during your leave must be given when you return.
Benefit plan continuation: Your employer must continue to pay its share of premiums for pension, life insurance, accidental death, extended health, and dental plans β unless you tell them in writing that you won't continue paying your own share.
Seniority and length of service: You continue to earn credit for length of employment, length of service, and seniority during your leave.
Probation: Time on leave does NOT count toward completing a probationary period. You must complete probation after returning to work.
Anti-reprisal protection: Employers cannot penalize you in any way for taking, planning to take, being eligible to take, or asking questions about pregnancy or parental leave.
Employer obligations: Your employer cannot require you to return early, and cannot require medical proof of fitness to return.
Any pregnant employee who has been employed at least 13 weeks before the baby's due date. You don't have to actively work those 13 weeks β layoff, vacation, sick leave, and prior pregnancy leave all count.
Any new parent (birth parent, adoptive parent, or a person in a permanent relationship with a parent) who has been employed at least 13 weeks before starting parental leave.
Up to 17 weeks unpaid. If you're still pregnant after 17 weeks, the leave extends until birth. If you have a miscarriage or stillbirth within the 17-week window before your due date, the leave extends to the later of 17 weeks after start or 12 weeks after the loss.
61 weeks if you're a birth mother who took pregnancy leave. 63 weeks for all other new parents (including birth mothers who did not take pregnancy leave, birth fathers, partners, and adoptive parents).
If the loss happens within the 17-week window before your due date, you're eligible for pregnancy leave. The leave ends on the later of: (a) 17 weeks after the leave began, or (b) 12 weeks after the loss. This makes the leave at least 17 weeks, sometimes longer.
Yes β 2 weeks written notice before the leave begins. If you stop work suddenly (complications, early birth), you have 2 weeks after stopping to give retroactive written notice. To change dates, return early, extend, or resign, you need 4 weeks written notice.
Yes, but you must give 4 weeks written notice before your new return date. Once you return to work β even part-time β you give up the remainder of the leave.
No. Your employer cannot require you to return early from pregnancy or parental leave, and cannot require medical proof that you're fit to return to work.
No. ESA pregnancy and parental leave are unpaid. You may qualify for federal EI maternity/parental benefits through Service Canada. Apply online at canada.ca/ei or call 1-800-206-7218.
No. Employers cannot penalize you for taking, planning to take, being eligible to take, or asking questions about pregnancy or parental leave. If terminated for reasons unrelated to the leave, the employer must still comply with reinstatement rules.
Your employer must continue to pay its share of premiums for pension, life insurance, accidental death, extended health, and dental plans β unless you tell them in writing that you won't continue paying your own share.
No. You continue to accrue length of employment, length of service, and seniority during pregnancy and parental leave. However, time on leave does not count toward completing a probationary period.
Official resources: Ontario ESA Pregnancy & Parental Leave Guide Β· Service Canada EI Maternity & Parental Benefits Β· Ministry of Labour, Immigration, Training and Skills Development
β οΈThis tool is for information purpose only. We do not guarantee any claim.
It is made based on data publicaly available on official website of concerned department.
Last Updated: March 2026 | Official Determination Required