What’s a temporary layoff?

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

A temporary layoff happens when:

• your employer cuts back or stops your work,
• you earn less than half of what you normally earn in a work week, and
• your employer plans to bring you back to work and does not end your employment.

Your employer can put you on a temporary layoff only if you agree that they can do this. For example, your employment contract might say that the employer can temporarily lay you off.

And if you’re in a union, the rules depend on what’s 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.

Or, if you’re not in a union, your employer can put you on an even longer temporary layoff if you agree to it in writing. This can be up to 51 weeks out of 78 weeks in a row.

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