Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations
EMPLOYMENT STANDARDS REGULATION - PART 1 - INTERPRETATION
ESR Section 1 – Definitions – (2) "Exceeds"
This section explains when a temporary layoff becomes termination of employment.
(2) In section 1 of the Act, in the definition of “temporary layoff”, “exceeds” means exceeds by not more than 24 hours.
In s.1 of the Employment Standards Act, the definition of “temporary layoff” means:
(a) in the case of an employee who has a right of recall, a layoff that exceeds the specified period within which the employee is entitled to be recalled to employment, and
(b) in any other case, a layoff of up to 13 weeks in any period of 20 consecutive weeks;
For the purposes of the definition of “temporary layoff” in the Act, subsection (a) applies to all unionized employees with a right of recall in a collective agreement. Under section 1(2) of the Regulation, “exceeds” means the specified recall cannot be exceed by more than 24 hours.
An employee’s employment is considered terminated if they are not recalled within 24 hours after their specified recall date.
Related sections of the Act or Regulation
- s.1, Definition, “right of recall”
- s.1, Definition, “termination of employment”
- s.3, Scope of the Act
- s.62, Definition “week of layoff”
- s.63, Liability resulting from length of service