CanadaHow long is maternity leave in Canada and do I get paid during it?
In Canada, eligible employees can take up to 17 weeks of unpaid maternity leave under federal law, and may receive Employment Insurance (EI) maternity benefits for up to 15 weeks. Parental benefits are available for up to 35 or 61 weeks.
What the Law Says
Federal law guarantees unpaid maternity and parental leave with full job protection for eligible employees. EI provides income support during that time — but eligibility and payment amounts depend on work history and earnings.
Under the Canada Labour Code, federally regulated employees (e.g., banks, airlines, telecoms) have the right to take maternity leave without losing their job. This leave is unpaid by the employer, but employees may qualify for government-paid Employment Insurance (EI) benefits.
The Employment Insurance Act sets out two types of special benefits: maternity benefits (for pregnancy and birth) and parental benefits (for caring for a newborn or newly adopted child). These are separate, and can be shared between parents — though only one parent can receive maternity benefits.
To qualify for EI maternity or parental benefits, you must have worked at least 600 insurable hours in the past 52 weeks (or since your last claim), and your regular weekly earnings must have dropped by at least 40% due to leave.
Statutory TextFemale employees are entitled to up to 17 weeks of maternity leave; both parents entitled to parental leave.
— Canada Labour Code, s. 206.1 — Maternity and parental leave
Statutory TextUp to 15 weeks of maternity benefits for a major attachment claimant.
— Employment Insurance Act, s. 22 — Special benefits — pregnancy
Statutory TextUp to 35 weeks (standard) or 61 weeks (extended) of parental benefits.
— Employment Insurance Act, s. 23 — Special benefits — care of new-born or adopted child
What to Do
Confirm you’re covered under federal jurisdiction (e.g., work for a bank, airline, or federal agency) — otherwise, provincial rules apply.
Apply for EI maternity and parental benefits through Service Canada *before* your leave starts — ideally 4 weeks in advance.
Give your employer written notice of your leave at least 4 weeks before it begins (required under the Canada Labour Code).
Decide whether to take standard (35 weeks) or extended (61 weeks) parental benefits — note: extended benefits pay at a lower rate (33% of average weekly earnings, up to a cap).
Keep records of your employment, pay stubs, and medical notes — especially for maternity leave start/end dates.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.