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Temporary Layoffs in Alberta

[COVID-19] Alberta Temporary Layoffs: What Employees Need to Know

Update: Alberta Temporary Layoff has been extended to 180 days. Click here to read more.
This information is currently being updated to reflect the developing legal landscape in Alberta. Please check back later for the updated article.

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32 Responses

  1. Michelle Gimblett

    Hi My name is Michelle and I have asked my employer for a layoff as variant cases rise. My husband has heart and lung problems.i don’t want to bring any virus home. My employer told me he will lay me off when he hired someone as the hotel I work at is short staffed. Is this legal?

    1. Kim Nutz

      HI Michelle. Sorry for the delay in responding. An employer is not required to provide you with a temporary layoff at your request and on your timetable. It is ultimately their decision if they choose to allow it. You can request an unpaid leave of absence potentially but that means that you cannot apply for EI benefits while you are off. I would simply assist the employer in finding a suitable temporary replacement for your job and then ensure he fills out the proper paperwork for a temporary layoff under the Employment Standards Code and files the proper Record of Employment to Service Canada EI so you can apply for EI benefits.

  2. Cindy

    I was put on a temporary layoff today up to 180 days from my O&G job due to the economy with no work coming from our customers. What happens if the company ceases or sells while I am on temporary leave and due a severance since I had been with the company for over 7 years?

    1. Kim Nutz

      Hi Cindy. There is no concrete answer until we know more about what the employer may do. Your rights to termination pay and severance pay are limited if the employer goes into receivership or bankruptcy. If they continue to operate in some fashion however, and they have not recalled you to work within the 180 days, you are entitled to termination pay at a minimum, and maybe severance. You also may currently have a case for constructive dismissal due to the temporary layoff. Please contact me if you wish to discuss. Knutz@west-legal.ca.

  3. Randy

    Are you terminated if your manager phones you to say your last day is 11 days away as their client has less work now and no written/email notice? 3 mo < 2 years.
    And then a recruiter calls you for the same company and identical job description? And the start date is a few weeks away.
    Early 60's with some minor disability but otherwise fully performing.

    The employment contract was for 6 months as a T4 hourly to the client and would expire in a month from the phone call.

  4. Kelly

    Good afternoon,

    Question my husband works for a city and it is a unionized job. The collective agreement states the layoffs are to be done according to seniority (hiring date) they did not follow this. They stated people were picked by qualification. He has his class 3 and was laid off and someone hired years after him was not . (Class3) He spoke to his supervisor and it didn’t get anywhere. Is there another option.

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