Can I get maternity or parental leave benefits if I am an incorporated owner in Ontario?

EI maternity and parental benefits are federal programs available to employees with insurable employment. As discussed in the context of EI coverage generally, an owner-manager controlling more than 40% of the corporation's voting shares is excluded from insurable employment and cannot receive EI benefits, including maternity and parental benefits.

If you have structured your corporation so your employment qualifies as insurable — typically by holding 40% or less of the voting shares and dealing at arm's length with the corporation on employment terms — you may be able to accumulate insurable hours and access EI parental or maternity benefits. However, this requires that you actually had EI premiums deducted from your salary and remitted, and that you met the hours-worked threshold in the qualifying period.

Some incorporated owners who took only dividends discover when starting a family that they have no EI coverage and no access to maternity or parental benefits. Planning ahead — before a pregnancy or adoption — is essential. If EI access matters, address share structure and payroll at incorporation or well before the benefit period. An employment lawyer or accountant familiar with EI rules for business owners can confirm your eligibility based on your specific structure.