Paternity leave is often framed as progress – evidence of a modern, equitable workplace. In Canada, federal and provincial laws recognize the importance of parental leave for all parents, not just mothers. Yet, for many young fathers, the reality is far less straightforward. Beneath the surface of these legal protections lies a persistent stigma, one that discourages men from taking leave altogether or penalizes them when they do.
Paternity Leave in Ontario: Legal Framework
Canadian employment and human rights laws provide important safeguards against discrimination related to family status and parental leave. In Ontario, parental leave is governed by the Employment Standards Act, 2000, S.O. 2000, c. 41 (the “ESA”), while broader protections against discrimination are found in the Ontario Human Rights Code, R.S.O. 1990, c. H.19 (the “Code”). Specifically, employees are entitled to job-protected leave and cannot be dismissed, demoted, or otherwise penalized for exercising these rights.
Under the ESA:
- New parents are entitled to job-protected parental leave up to 63 weeks, or up to 61 weeks if a pregnancy leave was also taken.
- This leave is available to both mothers and fathers, including adoptive parents.
- Employers must reinstate employees to the same or a comparable position after leave.
Under the Code:
- Employees are protected from discrimination based on “family status”.
- This includes adverse treatment related to caregiving responsibilities, such as taking parental leave.
Importantly, employers cannot penalize, dismiss, or disadvantage an employee for exercising their right to parental leave. However, the gap between legal protection and lived experience can be significant. In practice, discrimination may often be subtle rather than overt. Examples include:
- Being overlooked for promotions after taking leave.
- Reduced responsibilities or exclusion from important files.
- Negative comments about commitment or career ambition.
- Pressure to return early or not take full leave.
- Encouragement to use vacation instead of statutory leave.
These actions may constitute reprisal under the ESA or discrimination based on family status under the Code.
The Quiet Stigma Facing Fathers
Despite evolving social norms and parental leave legislation, many fathers still feel pressure to conform to outdated expectations of the “ideal worker” – someone who is always available, career-focused, and unencumbered by caregiving responsibilities. When men request parental leave, they may encounter subtle skepticism: questions about their commitment, jokes about extended vacations, or unspoken assumptions that their partner should be the primary caregiver.
This stigma often operates in silence. Unlike more visible forms of discrimination, paternity leave bias can be difficult to identify or prove. Employees may hesitate to raise concerns, fearing reputational harm or stalled career progression. As a result, many fathers simply opt not to take the full leave they are entitled to, reinforcing a cycle where underuse becomes the norm.
In fact, a recent survey conducted by Dove Men+Care[1] found that 73% of Canadian men agree that men and women should take equal parental leave, yet partners of Canadian fathers take, on average, eight times longer leave than fathers themselves. This gap reflects not a lack of entitlement, but a reluctance shaped by workplace expectations and stigma. The Dove Men+Care survey further revealed that 51% of Canadian fathers fear that taking paternity leave will negatively impact their relationship with their manager at work.
A Persistent Double Standard
The contrast between how workplaces treat mothers and fathers taking parental leave remains striking. Women, while still facing their own forms of workplace discrimination, are generally expected to take time off following the birth or adoption of a child. For men, the same decision can be viewed as optional or even suspect.
This double standard creates unequal burdens. Women may be penalized for taking “too much” leave, while men may be penalized for taking any at all. The result is a workplace culture that discourages shared caregiving and perpetuates gender inequality both at home and at work.
This double standard can expose employers to liability, particularly where decisions about promotions, assignments, or performance evaluations are influenced by an employee’s use of parental leave. For example, a father who takes several months of leave may return to find he has been sidelined from key projects or overlooked for advancement opportunities. Meanwhile, a colleague who did not take leave may be perceived as more dedicated, despite the legal right to take that time. If this experience sounds familiar to you or you feel that your employer has treated you unfairly for requesting a parental leave, please reach out to one of our experienced lawyers for a consultation to help you understand your options and protect your rights.
Breaking the Silence
Addressing paternity leave discrimination requires more than legal compliance – it demands cultural change. Employers should normalize parental leave for all employees, encourage open conversations, and model supportive behavior at leadership levels.
For employees, understanding their rights is a critical first step. If a workplace response to parental leave feels punitive or unfair, legal advice can help clarify whether discrimination may be at play and what remedies may be available.
Moving Toward True Equity
Paternity leave is not just a personal benefit; it is a cornerstone of workplace equality. When fathers are supported in taking leave, families benefit, workplaces become more inclusive, and long-standing gender roles begin to shift.
Yet, as long as stigma and silence persist, many fathers will continue to face barriers that the law alone cannot dismantle. Recognizing and addressing these challenges is essential – not only for individual employees, but for the broader goal of achieving meaningful equality in the workplace.
Please note that this article is only to be used as general information and it does not constitute legal advice. We encourage employees to contact Marshall Law directly to better understand their legal rights and seek legal advice for their questions.
[1] The online survey was conducted through the Legerweb online panel. The study was in the field between May 22-25, 2018, and surveyed n=1,530 Canadian men aged 25-54 years old. Fathers/fathers-to-be are comprised of men who plan to have another/a child in the future.