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What is a temporary layoff?

The ESA says you can be laid off without notice if it is a temporary layoff.

A temporary layoff happens when your employer cuts back or stops your work. And you earn less than half of what you normally earn in a work week. But your employer does not end your employment. They plan to bring you back to work soon.

Your employer can put you on a temporary layoff only if you agreed to it. And if you are in a union, the rules depend on what is in your collective agreement.

How long can a layoff be?

The ESA rules about temporary layoffs are complicated. There are rules about how long a temporary layoff can be. The general rule is that a temporary layoff can be up to 13 weeks out of 20 weeks in a row.

In some situations, a layoff can be longer than that. For example, if your employer keeps paying into your group benefits plan, it can be up to 34 out of 52 weeks in a row.

If you are laid off, you might need to get legal advice about whether your employer has the right to put you on temporary layoff. See Where can I get help and information? for where to get legal help.

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