| Working hours and industry restrictions | | |
| Can women work the same night hours as men? | Yes | No restrictions could be located.
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| Can women work in the same industries as men? | Yes | No restrictions could be located.
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| Can pregnant women and nursing mothers work the same number of hours as men and other women? | Yes | No restrictions could be located.
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| Parental benefits: leave | | |
| Does the law mandate paid or unpaid maternity leave? | Yes | Labor Code, Art. 206
Employment Standards Act 2000, Arts. 46 and 47 |
| Does the law mandate paid or unpaid paternity leave? | No | No applicable provisions could be located.
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| Does the law mandate paid or unpaid parental leave? | Yes | The Employment Standards Act, 48.1.
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| Parental benefits: length | | |
| What is the mandatory minimum length of paid maternity leave (in calendar days)? | 105 | Employment Insurance Act, Art. 12.3.a
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According to the Employment Standards Act 2000, Art. 46.2 the length of unpaid pregnancy leave is 119 days and according to the Employment Insurance Act 12.3a the length of paid pregancy leave is 105. Assuming that woman takes full paid pregnancy leave, the length of unpaid leave is the difference of 14 days. What is the mandatory minimum length of unpaid maternity leave (in calendar days)? | 14 | Employment Standards Act 2000, Art. 46.2
Employment Insurance Act, Art. 12.3.a |
| What is the mandatory minimum length of paid paternity (in calendar days)? | 0 | |
| What is the mandatory minimum length of unpaid paternity leave (in calendar days)? | 0 | |
| What is the mandatory minimum length of paid parental leave (in calendar days)? | 245 | Employment Insurance Act, Art. 12.3b
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| Where parental leave exists, is there a minimum number of days which must be taken by the mother (in calendar days)? | 0 | |
| Where parental leave exists, is there a minimum number of days which must be taken by the father (in calendar days)? | 0 | |
| Parental benefits: wages | | |
What percentage of wages is paid during maternity leave? | 55 % | |
| What percentage of wages is paid during paternity leave? | 0 % | |
| What percentage of wages is paid during parental leave? | Partially paid | Employment Insurance Act, 14.
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| Parental benefits: who pays? | | |
| Who pays maternity leave benefits? | Government | Employment Insurance Act, Art. 22
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| Who pays paternity leave benefits? | N/A | |
| Who pays parental leave benefits? | Government | Employment Insurance Act, Art. 22.
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| Parental benefits: protection of mothers | | |
| Are there laws penalizing or preventing the dismissal of pregnant women? | Yes | Human Rights Code, Ontario, Art. 5 and 10(2)
Labor Code, Art. 209.3 |
| Are employers required to provide break time for nursing mothers? | No | No provision could be located.
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| Parental benefits: return from leave | | |
| Are there laws obligating the employer to give the employee the same job when she returns from maternity leave? | Yes | The Employment Standard Act, Ontario, Art. 53(1)
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| Are there laws obligating the employer to give the employee the same job when he returns from paternity leave? | N/A | |
| Are there laws obligating the employer to give the employee the same job when she/he returns from parental leave? | Yes | |
| Retirement and pensions | | |
| What is the statutory retirement age for men in the private sector? | 65 | The Pension Benefits Act, Art. 35
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| What is the statutory retirement age for women in the private sector? | 65 | The Pension Benefits Act, Art. 35
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The Pension Benefits Act allows individuals to access their pension benefits 10 years prior to the normal retirement age, which is generally 65 years old. What is the minimum pensionable age for men in the private sector? | 55 | The Pension Benefits Act, Art. 35.2
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The Pension Benefits Act allows individuals to access their pension benefits 10 years prior to the normal retirement age, which is generally 65 years old.
What is the minimum pensionable age for women in the private sector? | 55 | The Pension Benefits Act, Art. 35.2
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| In the private sector, is it mandatory to retire at the statutory retirement age? | No | No applicable provisions could be located.
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| Legal rights in the workplace | | |
| Are there laws or constitutional provisions mandating equal pay for equal work? | Yes | The Employment Standard, Ontario, Art. 42(1) and 42(2)
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| Are there laws mandating nondiscrimination in hiring practices on the basis of gender? | Yes | Human Rights Code, Ontario, Art. 5 and 10(2)
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| Are there laws protecting employees from sexual harassment in the workplace? | Yes | Human Rights Code, Art. 7(2) and 7(3)
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| Is it illegal to ask questions about a prospective employee’s family status during a job interview? | Yes | Human Rights Code, Art. 23(2)
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| Do employees with minor children have any additional legal rights to a flexible or a part-time work schedule? | No | |