Job-protected leave · Federal (Canada Labour Code)
Federal (Canada Labour Code) pregnancy & parental leave.
How long Federal (Canada Labour Code) employment standards require your employer to hold your job open during pregnancy/maternity and parental leave — not how many weeks EI pays you, a separate question.
Pregnancy/maternity leave: 17 weeks. Parental leave: 63 weeks. The combined maximum is 78 weeks.
Your situation
Job-protected leave length
Choose your situation and press Calculate.
Federal (Canada Labour Code)'s pregnancy and parental leave rules
| Leave | Length |
|---|---|
| Pregnancy/maternity leave | 17 weeks |
| Parental leave (birth parent who also took pregnancy leave) | 63 weeks |
| Parental leave (other parent, adoptive parent, or no pregnancy leave taken) | 63 weeks |
| Shared pool (two employees splitting leave for the same birth/adoption) | 71 weeks |
| Combined maximum | 78 weeks |
Qualifying period
None stated -- the Code says every employee "is entitled," with no minimum length of service for these two leaves.
Notes
Canada Labour Code Part III, ss.206 (pregnancy/maternity), 206.1 (parental) and 206.2 (combined cap). A single employee may take up to 63 weeks of parental leave; where two employees share leave for the same birth or adoption, the AGGREGATE cannot exceed 71 weeks. Combined pregnancy + parental for one employee is capped at 78 weeks; for two employees sharing both, 86 weeks.
Source, read directly 26 September 2026: Justice Laws -- Canada Labour Code, ss.206-206.2.
Frequently asked questions
Is this the same as how long EI pays maternity/parental benefits?
No. This is the EMPLOYMENT STANDARDS job-protection length — how long your employer must hold your job. EI benefit PAYMENTS run on a separate schedule set by the federal Employment Insurance Act, which can be shorter or longer. See the EI Maternity & Parental Calculator for the benefit-payment side.
Can my employer refuse to give me this leave?
Not if you meet the qualifying period stated above. This is a statutory right, not something an employer can decline at its discretion.
Do I get my exact job back?
You are generally entitled to reinstatement in the same position, or a comparable one if your original role no longer exists, at the same or better pay and benefits, when your leave ends.
Does an employer benefit plan or contract change these numbers?
A contract or plan can offer MORE than the statutory minimum shown here (for example, paid top-up during part of the leave), but never less. This page shows the legislated floor only.
Estimate only — not legal advice
This page states the statutory MINIMUM job-protected leave length from the published employment-standards legislation for Federal (Canada Labour Code). It is not legal advice and does not model shared-custody-style splitting beyond what is stated, mid-leave changes in circumstance, or a unionized workplace's collective agreement (which can differ). For a binding answer, contact the employment-standards office named above or a lawyer.