Get informed about extending a temporary layoff

How can a temporary layoff be extended?

An employer and employees can submit a joint application to extend a temporary layoff by applying for a variance. A variance will extend the temporary layoff period so that you can remain on layoff for more than 13 weeks.

You stay continuously employed, with no interruption to your

• Rate of pay
• Vacation accrual
• Years of service
• Benefits
• Leaves of absence

Your employer must be able to prove that at least 51% of affected employees support the application. For example, if your workplace has 30 staff, at least 16 people need to support extending the temporary layoff. If your employer is not able to prove this support, the variance will not be approved.

What happens if my employment ends?

To end an employee's job, employers can give written working notice or pay compensation for length of service.

The amount of notice or compensation is based on how long an employee has been employed. If you've been employed for three months or less, no notice or pay is required. If you've been employed for more than three months, the amount is equal to one week's notice or pay. If you've been employed for more than a year, the amount is equal to two weeks. For more than three years, the amount is one week plus an additional week of pay for every full year of employment, up to a maximum of eight weeks.

Finding alternate work

If your employer's not ready to recall you back to work, you might decide to find alternate work.

If this happens, you're not required to quit your original job. You have options when you're recalled back to your original job, including quitting either job even if you previously supported a variance.

If you give support

You may be contacted by someone from Employment Standards. If you're contacted, it's important that you take part. This is confidential and is not shared with your employer. 

We’ll confirm your support of the variance application and make sure you’re aware of what the application means for you.

If you decline support

You do not need to take any action. This does not mean you have quit your job. Your employer cannot interpret your lack of support or response as quitting. The only options they can present through the application process are:

• An employee supports the variance to extend the temporary layoff
• An employee declines support, knowing this may lead to a deemed termination of employment

If your employer can show that a majority of affected employees support the application, the variance may still be approved. This means the variance applies to you as well, even if you do not support the change.

After the variance is approved

Your employer must notify all affected employees by sending you a copy of the variance.

You can request in writing to cancel the variance if the majority of affected employees no longer support it. You will need to provide reasonable evidence to show this. If the Branch cancels the variance and you have been temporarily laid off for over 13 weeks, your employment will end on the date the variance is cancelled. Your employer may be required to pay you compensation for length of service.