Canada has no standalone federal paternity leave. Outside Quebec, a second parent takes leave through Employment Insurance (EI) parental benefits. Those weeks are shared with the birth parent, paid at 55% or 33% of earnings depending on the option chosen. Quebec is the exception. Its own program, QPIP, gives the second parent a dedicated paternity benefit worth up to 5 weeks, paid directly and not shared with the other parent.
This guide is for employers hiring or already employing people in Canada. It sets out what a second parent is actually entitled to, how the pay works, what is job-protected, and what you need to do as the employer. It pairs with our guide to maternity leave in Canada, which covers the birth parent’s side in full.
Last updated July 31, 2026. Jump to: How it actually works · EI parental benefits · Quebec’s QPIP · Job protection · Employer top-ups · What employers must do · FAQ
How paternity leave actually works in Canada
Most people searching for "paternity leave in Canada" expect a fixed number of weeks. Maternity leave works that way. Paternity leave mostly does not.
There is no separate, named "paternity leave" in federal law. What exists instead is parental leave — a pool of weeks either parent can take. Both parents can split that pool between them.
Quebec runs its own system. It opted out of the federal EI maternity and parental benefit. It replaced both with the Quebec Parental Insurance Plan, or QPIP. QPIP does have a real, named paternity benefit — paid weeks reserved only for the second parent. That is the one part of Canada where "paternity leave" is a distinct entitlement, not a shared pool.
- Outside Quebec: the second parent takes shared EI parental benefits. There is no dedicated paternity benefit, only a share of the household pool.
- In Quebec: the second parent gets a dedicated QPIP paternity benefit, on top of the shared parental weeks.
- Everywhere: job protection is separate from the pay. It is set by provincial or federal employment law, not by the benefit program.
Keep those three layers separate as you read the rest of this guide. Who pays the income. How much a second parent can take. What the law says about their job while they are away.
For how Canada’s paternity and parental leave compares to other countries, see our maternity and parental leave by country table.
EI parental benefits: standard vs extended (outside Quebec)
Employment Insurance pays maternity benefits only to the person who gave birth. That is 15 weeks, at 55% of average earnings, up to $729 a week in 2026. Parental benefits work differently. Either parent can claim them, and a household can split the weeks between two parents.
There are two options. A household must pick one before it starts claiming, and the choice cannot be changed afterward for that child.
| Option | Weeks (combined household max) | Pay rate | Max weekly amount (2026) |
|---|---|---|---|
| Standard | Up to 40 weeks combined (one parent alone: max 35 weeks) | 55% of average weekly earnings | $729 |
| Extended | Up to 69 weeks combined (one parent alone: max 61 weeks) | 33% of average weekly earnings | $437 |
Standard pays more per week over a shorter window. Extended pays less per week over a longer one. Both options need 600 insurable hours to qualify. Both also carry a one-week unpaid waiting period before payments start.
The extra weeks are the part employers most often miss. If more than one parent claims parental benefits for the same child, the household unlocks bonus weeks: 5 more under standard, 8 more under extended. A single parent claiming alone cannot use those bonus weeks. They exist to reward two parents actually sharing the leave. That is why they are sometimes called "use it or lose it" weeks.
EI benefits are paid by the federal government, not by the employer’s payroll. The employer’s role is to remit EI premiums on ongoing wages — 2.28% of insurable earnings, employer-side, in Canada (checked against our payroll taxes by country data) — and to stop reporting insurable earnings once the employee’s leave begins.
Quebec’s QPIP: a real, dedicated paternity benefit
Quebec employees do not use the federal EI maternity or parental benefit. Quebec runs its own program instead: the Quebec Parental Insurance Plan, or QPIP.
QPIP is the one place in Canada with a paternity benefit in the strict sense. Those weeks are paid only to the second parent. The birth parent cannot claim them instead.
QPIP offers two plans. A household picks one, and it is locked in once a claim starts, just like the federal EI choice. The basic plan pays a lower percentage over more weeks. The special plan pays a higher percentage over fewer weeks.
| Plan | Paternity weeks | Pay rate |
|---|---|---|
| Basic plan | 5 weeks | 70% of average weekly earnings |
| Special plan | 3 weeks | 75% of average weekly earnings |
These paternity weeks are exclusive to the second parent. They are non-transferable, so the birth parent cannot use them instead.
QPIP also offers shared parental weeks on top of that. The basic plan pays 7 weeks at 70% plus 25 weeks at 55%. The special plan pays 25 weeks at 75%. Either parent can take these weeks, and split them between them — similar in spirit to federal parental benefits.
The maximum insurable earnings QPIP uses to calculate benefits rose to $103,000 for 2026, up from $98,000 in 2025. All paternity and parental QPIP benefits for a child must be used within 78 weeks of the birth or adoption — about 18 months.
Job protection during leave
EI and QPIP pay income. They do not, by themselves, protect a person’s job. That protection comes from a second, separate law.
For most employers, that law is the employment standards act in the province or territory where the person works. For federally regulated employers — banks, airlines, telecoms, and similar — it is the Canada Labour Code instead.
The general shape is consistent across Canada. An employee on statutory parental leave has the right to return to the same job, or a comparable one, at the same pay, without penalty. Seniority and length of service usually keep accruing during the leave. Many benefit plans must also continue, if the employer normally pays its share.
How many weeks are protected varies by province and territory. Our own data shows a range of roughly 37 to 71 weeks of job-protected parental leave across Canada, on top of any separate pregnancy or maternity leave.
As one concrete example: Ontario protects up to 17 weeks of pregnancy leave, plus up to 63 weeks of parental leave. That drops to 61 weeks of parental leave if pregnancy leave was also taken. Together, that is up to 78 weeks for a birth parent, and up to 63 weeks for a second parent taking parental leave alone. Other provinces set their own numbers. Always check the specific province where the person works.
The job-protected period is usually longer than the paid EI or QPIP period. That gap is intentional. It means the employee’s job stays safe even if they remain on leave a little past the last paid week.
Employer top-ups: SUB plans
Nothing in Canadian law requires an employer to pay a second parent during leave. EI and QPIP are government-funded, not employer-funded.
Many employers choose to top up anyway. It is a policy choice and a retention tool, not a legal requirement. Often the goal is to bring total pay closer to normal for part of the leave.
The standard way to do this is a Supplemental Unemployment Benefit plan, or SUB plan, registered with Service Canada. A properly structured SUB plan lets an employer top up EI or QPIP payments without reducing the employee’s benefit. The top-up sits on top of what the government pays, rather than replacing it.
To keep that treatment, the plan has to meet the government’s conditions. It must be employer-financed. It must be open to a defined group of employees. And it cannot pay someone who has stopped working for reasons other than the leave itself.
Decide the top-up question early, while you are building a leave policy. It affects your payroll budget. It is also one of the first things a candidate or employee will ask when comparing your offer to another employer’s.
What employers need to do
Handling a parental or paternity leave correctly is mostly a payroll and paperwork job, done on a deadline. The core steps are the same whether the leave is EI-based or QPIP-based.
- Issue a Record of Employment (ROE) as soon as the employee’s pay stops for the leave. Use reason code P for parental leave. A birth parent’s ROE usually uses code F for the maternity portion first, then P for the parental portion.
- Confirm insurable hours and earnings are reported accurately up to the last day worked. Errors here delay the employee’s first payment.
- Decide, and document, whether you offer a SUB top-up, and for how many weeks.
- Keep any benefit or pension contributions running, per your policy and the applicable employment standards act. Confirm what continues automatically, and what the employee needs to opt into.
- Plan the return-to-work date and role in advance. That makes reinstatement smooth rather than improvised.
If you are hiring in Canada without a local entity, an employer of record takes on all of this directly. That includes payroll, the ROE filing, EI and CPP remittance, and the job-protection obligations under the right province’s law. See our employer of record explainer for how that model works. Or use the Canada cost calculator to see the full employer cost of a Canadian hire before you extend an offer.
Frequently asked questions
What is paternity leave in Canada?
Outside Quebec, there is no standalone federal "paternity leave." A second parent takes leave through EI parental benefits instead — a pool of paid weeks shared with the birth parent, at 55% of earnings (standard option) or 33% (extended option). In Quebec, QPIP does have a dedicated paternity benefit reserved for the second parent: 5 weeks at 70% (basic plan) or 3 weeks at 75% (special plan).
How many weeks of paternity leave is there in Canada?
It depends on the province and the benefit chosen. Outside Quebec, a second parent draws from the shared EI parental pool — up to 35 weeks alone under the standard option, or up to 40 weeks if both parents share the leave and unlock the 5-week sharing bonus. In Quebec, the dedicated QPIP paternity benefit is 5 weeks (basic plan) or 3 weeks (special plan), separate from any shared parental weeks.
Is paternity leave paid in Canada?
Yes, through government programs rather than the employer. Outside Quebec, EI parental benefits pay 55% of average earnings (standard option, max $729/week in 2026) or 33% (extended option, max $437/week). In Quebec, QPIP pays the paternity benefit at 70% (basic plan) or 75% (special plan) of average earnings. Employers are not legally required to pay on top, though many choose to top up through a SUB plan.
Does Quebec have a different paternity leave than the rest of Canada?
Yes. Quebec opted out of the federal EI maternity and parental benefit and runs its own program, QPIP, which includes a dedicated paternity benefit — 5 weeks at 70% (basic plan) or 3 weeks at 75% (special plan) — reserved for the second parent and not shared with the birth parent. Outside Quebec, there is no equivalent dedicated benefit; the second parent draws from the shared EI parental pool instead.
Can both parents take parental leave at the same time in Canada?
Yes, under EI parental benefits and QPIP’s shared parental weeks, both parents can claim leave in the same window, one after the other, or with some overlap, as long as the combined weeks used stay within the household maximum for the option chosen. Job protection is separate and is set by the relevant province’s employment standards act or the Canada Labour Code, so check that each parent’s protected leave covers the period they plan to be away.
Do employers have to pay employees during paternity or parental leave?
No. EI and QPIP benefits are government-funded, not employer-funded, so there is no legal requirement to pay wages during the leave. Many employers top up voluntarily, usually through a registered Supplemental Unemployment Benefit (SUB) plan, which lets the top-up sit on top of the government benefit without reducing it.
Is paternity or parental leave job-protected in Canada?
Yes. Separately from the paid benefit, provincial and territorial employment standards acts (or the Canada Labour Code for federally regulated employers) give the employee the right to return to the same or a comparable job at the same pay. The exact protected length varies by province — our data shows a range of roughly 37 to 71 weeks across Canada — and is usually a little longer than the paid EI or QPIP period.
What does an employer need to do when an employee takes paternity leave?
Issue a Record of Employment (ROE) with reason code P as soon as pay stops, report insurable hours and earnings accurately, decide whether to offer a SUB top-up, keep applicable benefit and pension contributions running per policy and provincial law, and plan the return-to-work date. An employer of record can run all of this directly if you are hiring in Canada without a local entity.
Hiring in Canada? We handle the leave.
Remote& employs your Canadian hires as their legal employer — payroll, EI and CPP remittance, ROE filing, and provincial job-protection rules, all handled under local law, for a flat $400 per employee per month. See the full cost of a Canadian hire on our Canada cost calculator, read how the model works on global workforce management, or book a demo to talk through a specific hire.