[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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Was put on temporary lay-off April 2nd, and returned to work Saturday May 23. After 3 shifts I was placed on temporary layoff again today.
Does the 120 days start from today? The old language was ‘’60 days out of 120” but now it is just ‘120’. Or does that just mean 120 days? In which case it would be x days after today minus the credit from April 2nd until May 23?
I feel like they had no intention of returning me to work as normal.
Hello Dave,
You are correct that the ESC previously stated that a temporary layoff could not exceed “60 days in a 120 day period.” However, the Employment Standards Code was temporarily amended by Ministerial Order on April 9, 2020. Section 63(1) of the Code which deals with temporary layoffs was temporarily amended to read “the employment of an employee laid off for more than 120 consecutive days is deemed to be terminated.” We would be happy to set up a consultation to advise you further on your particular issue.
I have been temporarily laid off but my company is still paying my benefits. I have a temporary lay off notice I am supposed to sign and send back. What happens if I don’t sign it, does that change the length of time they either have to recall me or terminate me with severance?
Hello everyone!
I was laid off due to “work shortage” at in March. I was an employee for less than a year. They laid me off with no severance pay – if they do not recall me and hire someone else to do my job am I entitled to severance pay after the 120 days is up?
Thank you!
Hi Kaitlyn,
If you are terminated following the end of your temporary layoff period, and are a provincially regulated employee in Alberta, your minimum entitlement to notice or pay in lieu of notice is set out in the Alberta Employment Standards Code. The minimum termination notice for a provincially regulated employee who has been employed for a period of more than 90 days, but less than 2 years, is 1 week. You may be entitled to further severance pay pursuant to the common law, however this would be dependent on a number of factors including the wording in your employment agreement. In the event that you are terminated, I would recommend booking a severance review with our Firm so that we can advise you on whether you are receiving your full entitlements under the law.
if laid of is the employer allowed to hire new Workers to do the job of the people that are laid off
Hello Tony,
I suppose in theory they could, however it would not erase their obligation to recall you at the end of your temporary lay-off period, or to provide you with reasonable notice of termination should they be unable to hire you back. In general, an employee on an indefinite contract, should be hired back pursuant to the original terms of their employment when they are recalled from a temporary layoff (in short, given their old job back).
After your temporary layoff has been passed and the company has decided to lay you off permanently, can they have you come work your layoff notice? Or do they only have the option to pay you your termination pay?
Hi Bill,
Thank you for your question. If your employer does terminate your employment, they are required to provide at-least the minimum termination notice set out by the Alberta Employment Standards Code. Termination notice under the Code, can include pay in lieu of notice, working notice, or a combination of both. Therefore, although unlikely, the employer could provide you with working notice, meaning that yes, you would have to return to work out your notice period.