Employee Leave Entitlements Across Canadian Provinces: A Comprehensive Guide for 2026

Maternity and parental leave entitlements in Canada are governed by each jurisdiction's employment standards legislation, while the federal Employment...

Maternity and Parental Leave: Province-by-Province Comparison

Maternity and parental leave entitlements in Canada are governed by each jurisdiction's employment standards legislation, while the federal Employment Insurance (EI) program provides income replacement benefits. The result is a two-layered system: provincial or territorial law guarantees job protection, and EI provides partial wage replacement during the leave period.

Maternity Leave Duration

Saskatchewan offers the most generous maternity leave at 19 weeks. British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, the Northwest Territories, Nunavut, Ontario, Prince Edward Island, and Yukon each provide 17 weeks. Alberta and Nova Scotia provide 16 weeks, while federally regulated employees receive 15 weeks of job-protected maternity leave.

Parental Leave Duration

Parental leave varies more significantly. British Columbia offers 37 weeks standard or 63 weeks extended. Ontario provides 61 weeks standard or 63 weeks extended. Saskatchewan stands out again with 59 weeks standard or 71 weeks extended. Manitoba offers 63 weeks, Alberta 62 weeks, and federally regulated employees receive 61 weeks. Most Atlantic provinces fall in the 61–62 week range.

EI Benefits for New Parents (2026)

EI maternity benefits provide up to 15 weeks at 55% of average insurable earnings, to a maximum of $668 per week. Standard parental benefits provide up to 40 weeks at 55% (maximum 35 weeks per parent), capped at $668 per week. Extended parental benefits provide up to 69 weeks at 33% (maximum 61 weeks per parent), capped at $401 per week. Combined with maternity benefits, the standard option totals up to 57 weeks and the extended option up to 86 weeks. Eligibility requires 600 insured hours in the preceding 52 weeks.

Sick Leave and the 2025–2026 Convergence on 27-Week Extended Illness Leave

Short-term sick leave entitlements remain highly uneven across Canada. Federally regulated employees enjoy the most generous provision: 10 paid sick days per year after 30 days of continuous employment, as established by amendments to the Canada Labour Code. British Columbia provides 5 paid days plus 3 unpaid days. Quebec offers 2 paid days plus 3 unpaid days. Alberta provides 5 unpaid days, while Ontario and Manitoba each provide 3 unpaid days. Most Atlantic provinces offer between 3 and 7 unpaid days.

The 27-Week Extended Illness Leave Convergence

A landmark trend in 2023–2025 has been the rapid alignment of multiple jurisdictions around a 27-week job-protected long-term illness leave, matching the maximum duration of federal EI sickness benefits. This convergence ensures employees can maintain job protection for the full duration of their EI sickness benefit entitlement.

Manitoba: Extended illness leave expanded to 27 weeks effective November 7, 2024, up from 17 weeks.
Newfoundland and Labrador: 27-week illness leave effective December 4, 2024.
British Columbia: 27-week long-term illness leave introduced via Bill 30, effective November 28, 2025.
Saskatchewan: Expanded to 27 weeks via Bill 5, effective January 1, 2026, up from 12 weeks.
Alberta: Aligned to 27 weeks in 2023.
Federal jurisdiction: Already provided 27 or more weeks of medical leave under the Canada Labour Code.

Saskatchewan's sick leave framework is notably comprehensive: in addition to the new 27-week extended leave, the province's applicable employment standards legislation provides 27 weeks of unpaid sick leave as of January 1, 2026. These changes are documented in provincial gazette publications and official legislative assembly records.

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New Federal Leaves, Vacation Entitlements, and Employer Obligations

New Federal Leaves Effective December 12, 2025

Amendments to the Canada Labour Code introduced several new leave categories for federally regulated employees, effective December 12, 2025:

Pregnancy Loss Leave: Up to 8 weeks of unpaid leave in the case of a stillbirth, and 3 paid days for other pregnancy losses. This addresses a significant gap in Canadian employment law.
Enhanced Bereavement Leave: Up to 8 weeks of unpaid leave following the death of a child or a spouse's child, a substantial expansion of the previous bereavement entitlement.
Placement of Child Leave: Federally regulated employees will be entitled to 16 weeks of unpaid leave for the placement of a child through adoption or surrogacy. This leave has been enacted but will come into force on a date fixed by Order in Council (expected late 2026).

These provisions are published on the Government of Canada's labour standards pages.

Vacation Entitlements

Most provinces mandate 2 weeks (4% of wages) after one year of employment, increasing to 3 weeks (6%) after five years. Saskatchewan is the most generous, providing 3 weeks (5.77%) after just one year and 4 weeks (7.69%) after ten years, as set out in the applicable employment standards legislation available through the relevant government website.

Employer Obligations During Leave

Across all jurisdictions, employers must guarantee the employee's right to return to the same or a comparable position after any statutory leave. Employers may not terminate, lay off, or otherwise penalize an employee for exercising leave rights. Benefits such as pension accrual and seniority must generally continue during leave. Failure to comply exposes employers to complaints under provincial employment standards legislation or the Canada Labour Code, with potential orders for reinstatement and compensation.

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Key Takeaways

Saskatchewan leads the country with 19 weeks of maternity leave, up to 71 weeks of extended parental leave, and the most generous vacation entitlements starting at 3 weeks after one year.
Federally regulated employees are entitled to 10 paid medical leave days per year after 30 days of continuous employment.
A major 2023–2025 trend sees BC, Saskatchewan, Alberta, Manitoba, and Newfoundland and Labrador all converging on 27 weeks of job-protected extended illness leave, aligning with the maximum EI sickness benefit duration.
New federal leaves effective December 12, 2025, include up to 8 weeks for pregnancy loss (stillbirth) and enhanced bereavement leave of up to 8 weeks for the death of a child. A separate 16-week unpaid leave for the placement of a child through adoption or surrogacy has been enacted but will come into force on a date fixed by Order in Council (expected late 2026).
EI maternity benefits provide up to 15 weeks at 55% of earnings (max $668/week), while standard parental benefits provide up to 40 weeks at 55% and extended parental benefits up to 69 weeks at 33% (max $401/week).
Employers in every jurisdiction must guarantee job protection and reinstatement for employees on statutory leave, with continued benefit accrual during the leave period.

Related employer resources

Vacation and attendance tracker — Review minimum vacation entitlements and keep a neutral attendance record.
Canadian payroll compliance guide — Connect pay practices with the records and policies that support them.
HR compliance checklist — Review the core policy and documentation areas for your jurisdiction.
See how the complete manual works — Explore the profile, preview, customization and download experience.
Attendance, sick leave and vacation: employer resource hub — Organize absence reporting, vacation requests and leave questions using relevant guides and practical tools.