Long and Short-Term Disability For Pregnancy in Canada

Pregnancy isn’t a disability, but it can bring unexpected health challenges that make working impossible. If complications arise, you may wonder: Can I get short-term disability for pregnancy? What if I’m already on disability when I become pregnant? And how do maternity leave and disability benefits work together?

These are important questions—especially since insurance companies don’t always make it easy. Many parents worry about losing income or having their maternity leave affect their disability claim. Some insurers may even question whether you’re truly unable to work if you’re taking care of a newborn.

In this article, I’ll answer common questions about how short-term disability, pregnancy, and maternity leave intersect. You’ll learn what benefits you may qualify for, how to avoid common pitfalls with insurers, and how to protect your financial stability during this crucial time. This article is part of our Ultimate Guide to Short-term Disability Benefits.

What is the difference between maternity leave (or parental leave) and sick leave?

Maternity leave (or parental leave) and sick leave are both legitimate reasons to take time off work, but they serve different purposes. If they overlap, you may run into challenges with your employer or insurance provider.

Sick leave – when you’re unable to work due to a medical condition

Sick leave is time off due to an illness or disability that makes you unable to perform your job. If you’re on sick leave, you may be eligible for disability benefits, such as:

• EI sickness benefits – Provided by the government for up to 26 weeks.
• Short-term disability benefits – Typically offered through workplace insurance for temporary medical conditions.
• Long-term disability benefits – For conditions that prevent you from working for an extended period.
• CPP disability benefits – For severe, long-term disabilities that prevent you from working for prolonged periods of time. 

Maternity and parental leave – when you’re caring for a newborn

Maternity leave (or parental leave) is job-protected time off so you can care for your newborn or newly adopted child. Unlike sick leave, this is not due to a medical condition—it’s meant to support bonding and caregiving in the first months after birth.

Pregnancy leave vs. maternity and parental leave

There’s also a distinction between pregnancy leave and maternity leave:

• Pregnancy leave – Time off before the baby is born, usually for medical reasons.
• Maternity/parental leave – Begins after birth or adoption and allows parents to care for their child.

For example, in Ontario, a pregnant person can take up to 17 weeks of unpaid pregnancy leave before birth. After the baby arrives, maternity or parental leave can last up to 63 weeks (61 weeks if pregnancy leave was taken).

If you’re navigating sick leave and maternity leave at the same time, it’s important to understand your rights and how they may impact your benefits.

Need help?

Were you denied short-term or long-term disability benefits due to a pregnancy-related condition? You’re not alone—we’ve helped countless individuals in your situation fight back and get the benefits they deserve. 

As experienced short-term disability lawyers in Canada, we understand the tactics insurance companies use and how to challenge unfair denials. Don’t let them stand in the way of your financial security. Schedule your free consultation today and take the first step toward getting the support you need. Click the button below to get started!

What if I become pregnant while on sick leave?

If you become pregnant while already on sick leave for a condition unrelated to pregnancy, your situation can become more complicated when it comes to disability benefits.

Insurance providers and EI benefits administrators may worry that you’re trying to extend your sick leave simply to stay home with your baby. Their concern is that disability benefits could turn into a substitute for parental leave payments.

So, what should you do to protect your benefits?

1. Get medical confirmation from your doctor

• Confirm your pregnancy with your doctor and discuss how it may (or may not) affect your existing medical condition.
• Ask your doctor to provide a written statement clarifying that your disability claim is unrelated to pregnancy or new parenthood.
• This documentation is key to ensuring your disability benefits remain valid.

2. Inform your benefits provider

• Once you have your doctor’s letter, notify your disability benefits provider—whether EI or private insurance—about your pregnancy.
• Be upfront about your situation to avoid delays or complications with your claim.

3. Determine if you qualify for EI maternity benefits

• If you are receiving EI sickness benefits, you may be able to switch to EI maternity benefits when the time comes.
• Learn about your options and eligibility in the section: Can I get EI sickness benefits and EI maternity benefits at the same time?

4. Check your short-term or long-term disability coverage

• If you’re on short-term or long-term disability, your provider may extend your claim, but they will require regular medical updates.
• Review your policy for rules on taking maternity leave while on disability benefits.

5. Apply for federal maternity benefits if required

• Some private insurance companies require you to apply for federal maternity benefits once you become eligible.
• If you qualify, they may reduce your disability payments by the amount you receive from EI maternity benefits.

6. Be prepared to justify your disability claim after childbirth

• If your sick leave continues beyond childbirth, be ready to explain how you can care for a newborn but are unable to return to work.
• Insurers will likely scrutinize your claim more closely at this point, so strong medical documentation is essential.

How to apply for sickness benefits during pregnancy

If you are unable to work due to pregnancy-related medical complications, you may qualify for Employment Insurance (EI) sickness benefits in Canada. These benefits provide temporary financial support if a medical condition prevents you from working.

1. Confirm your eligibility

To qualify for EI sickness benefits, you must:

• Have worked at least 600 insurable hours in the past 52 weeks or since your last EI claim
• Have a medical condition that prevents you from working
• Provide a medical certificate from a doctor confirming your condition and expected recovery time
• Have experienced a 40% or greater reduction in weekly earnings due to your medical condition

2. Gather the required documents

Before applying, ensure you have:

• Social Insurance Number (SIN)
• Record of Employment (ROE) from your employer
• Medical certificate from your doctor confirming your inability to work

3. Apply online through Service Canada

• Visit the Government of Canada’s EI sickness benefits page
• Complete the online application
• Submit the required documents (ROE and medical certificate)

4. Wait for processing

• There may be a one-week waiting period before payments begin
• EI sickness benefits cover up to 26 weeks at 55% of your average weekly earnings, up to a government-set maximum

5. Apply for maternity and parental benefits

• In addition to EI Sickness benefits, you should also apply for EI maternity and parental benefits. You can receive EI sickness and maternity benefits at the same time. 

If your EI sickness benefit claim is denied, you have the right to appeal the decision or provide additional medical documentation.

Can you take short-term disability for pregnancy?

Pregnancy alone is typically not covered by short-term disability benefits. However, if you experience pregnancy-related complications that make it medically necessary to stop working—such as severe morning sickness or a high-risk condition—you may qualify for short-term disability benefits through your insurance provider, depending on your policy’s coverage.

That said, short-term disability claims can be denied for various reasons, including insufficient medical documentation, failing to meet the policy’s definition of disability, or if the insurer determines that reasonable accommodations could have allowed you to continue working. If your claim is denied, you may have the option to appeal or challenge the decision.

If you are experiencing a normal pregnancy but are struggling with certain job duties, your employer is legally required to provide reasonable accommodations to support you. In Canada, employers can only refuse accommodations in very limited circumstances. Instead of taking leave, modifications to your role may allow you to continue working comfortably.

Common accommodations include:

• Allowing time off for medical appointments
• Adjusting work duties if the job is physically demanding
• Providing modified work hours or additional breaks

Understanding how long short-term disability lasts in Canada is also important when considering your options. Coverage duration depends on your specific plan, but benefits typically range from a few weeks to several months, depending on the severity of your condition and your policy’s terms.

Medical reasons for short-term disability during pregnancy

While many women go through pregnancy and childbirth without major issues, complications can and do arise. 

According to the Public Health Agency of Canada, a range of conditions can affect expectant mothers, some of which may require medical attention or time off work. These include:

• High Blood Pressure (Hypertension): Elevated blood pressure during pregnancy can lead to complications such as preeclampsia, which poses risks to both mother and baby.
• Gestational Diabetes Mellitus (GDM): A form of diabetes that develops during pregnancy, affecting how the body processes glucose. About 5% of pregnant women are diagnosed with GDM.
• Infections: Certain infections, such as rubella or chickenpox, can cause pregnancy complications, including miscarriage or birth defects.
• Preeclampsia: A pregnancy-specific condition marked by high blood pressure and often protein in the urine, which can lead to serious health issues if left untreated.
• Preterm Labour: Labour that begins before 37 weeks of gestation, increasing the risk of premature birth and associated health concerns for the newborn.
• Pregnancy Loss/Miscarriage: The spontaneous loss of a pregnancy before 20 weeks.
• Stillbirth: The loss of a baby at 20 weeks of pregnancy or later.
• Hyperemesis Gravidarum: Severe, persistent nausea and vomiting that can lead to dehydration and weight loss, often requiring medical intervention.
• Iron-Deficiency Anemia: A condition where the body lacks sufficient healthy red blood cells due to low iron levels, causing fatigue and other health challenges.
• Chronic Conditions: Many women enter pregnancy with pre-existing health conditions such as diabetes, high blood pressure, thyroid disorders, or autoimmune diseases. These conditions can affect both the mother’s and baby’s health, sometimes requiring specialized medical care. Research shows that 27% of pregnancies are affected by a chronic condition.
• Mental Health Conditions: Mental health struggles, including anxiety and depression, can significantly impact pregnancy and postpartum recovery.

Beyond the challenges of pregnancy itself, recovery after childbirth can also take time.

Many new mothers need an extended period to heal, whether from the physical strain of delivery, a cesarean section, or complications like postpartum depression (PPD). PPD goes beyond the typical “baby blues”—it can cause intense feelings of sadness and anxiety that interfere with daily life. According to the National Institute of Mental Health, the prevalence of minor and major postpartum depression in Canadian women is 8.46% and 8.69%, respectively.

For many women, these conditions can make returning to work difficult, highlighting the importance of proper medical care, support, and recovery time during and after pregnancy.

What if I become disabled while on maternity leave?

If you’re on maternity or parental leave and expecting to return to work but then develop a medical condition that makes working impossible, your situation can become complicated.

This condition could be:

• A pregnancy-related complication that continues after childbirth.
• A new, unrelated medical condition that developed during your leave.

A major concern in this scenario is whether your disability benefits will still apply while you’re on leave.

Are you covered for disability benefits while on maternity leave?

Most long-term disability (LTD) policies require that a disability begins while you are “actively at work” to qualify for benefits. However, many disability plans have been updated to extend coverage to individuals on approved maternity or parental leave.

That said, insurers do not want disability benefits to become a substitute for parental leave payments. This means they may challenge your claim, especially if they believe your condition is temporary and should resolve after pregnancy.

What should you do if you develop a disability on maternity leave?

1. Get clear medical documentation from your doctor

Your doctor must provide a detailed diagnosis of your condition and explain:

• Whether the condition is a pregnancy complication or an unrelated illness or disability.
• If pregnancy-related, does the condition end at birth, or will it continue after delivery?

This documentation is crucial for proving to insurers that your disability is legitimate and not simply an extension of parental leave.

2. Follow the rules for applying for disability benefits

Even though you are on approved maternity leave, you still need to formally apply for disability benefits. Check your:

• Group benefits plan through your employer.
• Employee manual for specific rules on LTD and parental leave.

3. Check your insurance policy’s definition of “pregnancy”

Some disability insurance policies exclude pregnancy from disability coverage, meaning:

• Conditions like childbirth, miscarriage, or abortion may not qualify as a disability under your policy.
• Some insurers do not cover pregnancy-related complications if they consider them part of a normal pregnancy.

If you are in this situation, review your policy carefully and speak with your HR department or an insurance representative to clarify your coverage. Having strong medical documentation and understanding your policy’s fine print will give you the best chance of securing disability benefits while on maternity leave.

Long-term disability and maternity leave in Canada

If you develop a disability or a pregnancy-related medical condition during maternity leave that prevents you from returning to work, you may qualify for long-term disability (LTD) benefits. However, securing approval can be challenging.

Insurance providers are cautious about approving LTD claims during maternity leave, as they do not want to act as a substitute for parental leave benefits. To qualify, you must provide clear medical evidence demonstrating that your condition makes you unable to work, regardless of your parental leave status. Strong documentation from your doctors supporting your claim is essential.

If you’re unsure about the application process, check out our guide on how to apply for long-term disability in Canada. If your claim has been denied, you may have options to appeal—learn more about what to do if your long-term disability is denied.

Can I get EI maternity benefits and disability benefits like EI sickness at the same time?

EI has regular and “special” benefits — sickness, maternity, and parental benefits all fall under the “special” umbrella. You can receive both EI sickness and another special benefit during the same benefit period. This includes maternity and parental leave. 

You shouldn’t wait to receive the benefits after one another; rather, you should apply for both as soon as you qualify for both. You can only typically receive 50 weeks of a benefit in a 52-week benefit period. But, the maximum number of weeks may increase to 102 when you combine sickness and maternity. 

Be sure to review the criteria and gather the appropriate medical documentation for each of your applications. This is because you must qualify for each plan independently. 

Can you be fired while on maternity leave or sick leave? 

Note: This section is focused on non-unionized workplaces. Unionized workplaces will often have basic protections against being fired while taking maternity or sick leave and may go even further to protect the employee. If you are part of a union, you will need to consult the union’s collective agreement; this is where the rules for your approved leaves can be found. 

People on sick leave and maternity leave have protections under the Human Rights Act and employment standards laws of their province. 

The Employment Standards Act sets out the rules for all types of approved leaves — including sick leave and maternity leave. They give people the right to take maternity or parental leave and set out how long the leave can be. They often include a right of reinstatement for an employee on approved leave. 

Ontario’s Employment Standards Act, for example, includes:

Section 53: Reinstatement

53 (1) Upon the conclusion of an employee’s leave under this Part, the employer shall reinstate the employee to the position the employee most recently held with the employer, if it still exists, or to a comparable position, if it does not.

So, in Ontario, it’s improper for an employer to terminate an employee because they took a sick leave or maternity leave. However, employers are able to terminate any employee if the position no longer exists or there are other legitimate reasons unrelated to maternity or sick leave. The key question is always whether the termination is a direct result of the leave; if so, it’s a wrongful dismissal. 

Unfortunately, it’s common for employers to “discover” issues with a person’s employment while they’re on leave because a new person is doing the job and potentially revealing holes in the last person’s work. The new person may be more efficient or discover mistakes made by the person on leave. This is a common reason employers will seek to dismiss a person on leave.

Who pays my insurance plan when I’m on mat leave?  

One key factor that’s often overlooked by individuals while on maternity leave or before going off of work for a sick leave is what to do about the benefits they currently receive through their employer. 

The main question is: Who is responsible for paying them? 

This depends on your employer and your specific insurance provider. Some employers pay 100% of insurance plans, but this might change while you’re on leave. You might have to pay a portion or the full amount in order to keep your plan in place. 

I often hear that individuals aren’t aware of this and don’t plan for it in their budget. People often only find out that their benefits are ending when they receive a notice, so they lose out on their benefits when they don’t have to. Usually, it’s just a matter of not knowing to ask about it.

Be sure to contact your HR department to learn who’s responsible for paying before it’s too late. 

This advice applies to any pension programs that you’re paying into, as well. You might lose out for the months you’re away; you may be able to contribute while you’re away or make up for your lost contributions once you return to work. Always ask your employer how taking a leave will affect your contributions. 

How to get your doctor to put you on disability while pregnant

If pregnancy-related complications are making it difficult or impossible for you to work, you may be eligible for disability benefits. To improve your chances of getting approval, follow these steps:

1. Schedule an appointment with your doctor

If you haven’t already, book an appointment as soon as possible to discuss your symptoms and how they are affecting your ability to work. Be honest and specific about your condition—whether it’s severe nausea, preterm labour risk, gestational diabetes complications, or another health issue.

2. Clearly explain how your condition affects your work

Doctors are more likely to approve disability leave if they understand exactly how your condition interferes with your job duties. Explain:

• The physical or mental symptoms you are experiencing.
• How do these symptoms make it impossible or unsafe for you to perform your work tasks?
• Any treatments or medications that are not helping enough to allow you to work safely.

3. Request medical documentation

Most disability benefits require a doctor’s note or medical form confirming your condition and its impact on your ability to work. You may need to book a separate appointment to have your doctor complete these forms. Some key documents may include:

• A medical certificate stating your condition and why you cannot work.
• A functional abilities form (if required by your employer or insurance provider).
• Disability benefit application forms for Employment Insurance (EI) sickness benefits, private disability insurance, or provincial disability programs.

4. Be persistent if needed

Some doctors may be hesitant to approve disability leave, especially if they believe your symptoms are “normal” in pregnancy. If you feel your doctor isn’t taking your concerns seriously, consider:

• Asking for a second opinion from another doctor or specialist.
• Keeping a symptom journal to show how your condition is affecting your daily life.
• Bringing in any relevant workplace policies or insurance information to help guide the conversation.

5. Understand your disability benefit options

Depending on your situation, you may be eligible for:

• Employment Insurance (EI) sickness benefits: Provides up to 15 weeks of benefits if you cannot work due to medical reasons, including pregnancy complications.
• Short-term or long-term disability insurance: If you have private insurance through work or an individual policy, you may qualify for extended benefits.
• Provincial disability benefits: In some cases, severe pregnancy complications may qualify for programs like the Ontario Disability Support Program (ODSP) or similar in other provinces.

6. Follow up and keep records

Stay proactive by following up with your doctor and employer/insurance provider to ensure all forms are submitted and processed. Keep copies of all medical notes and correspondence related to your disability claim.

By taking these steps, you increase your chances of getting the disability support you need, allowing you to focus on your health and pregnancy without added financial stress.

Red flags for maternity leave and disability benefits

To insurance providers or Service Canada employees assessing claims, it might seem that an individual is taking advantage of the system if they have given birth and now claim to have a disability. The overlap of the disability and pregnancy can seem suspicious if there’s not enough medical documentation to back up the fact that it’s not just a parent who wants to stay home.

To avoid sending up a red flag, your supporting physician has to be very clear about what the official diagnosis is and what type of treatment you are receiving for the condition. They will need to be very specific in detailing when the condition arose and how it precludes you from working. It’s simply not enough for a doctor to send in a statement to your insurers saying that you are pregnant with no additional information as to how it may affect your disability claim or your current condition. 

They need to be specific as to what the condition is, how it affects your daily health, and how it keeps you from living day-to-day. They need to show that it limits how you care for yourself and your child. You still need to prove that you’re unable to do any type of work, and it’s not simply because you’re home to take care of a child. 

Always do your research

The main thing to take away from this article is that it’s crucial to do your research and look at your insurance policies before making any assumptions about how your pregnancy and disability leaves will interact. 

If you have already spoken with your HR representative or insurance plan provider and are still unsure of your options, I encourage you to reach out to a member of our support team by calling us toll-free at (888) 480-9050 or scheduling a free consultation online. 

We can help you start out on the right foot with some good advice and the correct information. It can be a very confusing process to combine disability benefits and parental leave, but you can certainly remove some of the guesswork by getting legal advice sooner rather than later.

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