What's the difference between a temporary layoff and being terminated?
What happens after 13 weeks is finished if I’m still on “temporary” layoff. Does that become termination?
Oliver
There’s a big difference between a temporary layoff and a permanent layoff. In a temporary layoff, a company can stop paying you and does not have to give you notice or pay you severance. In BC, this can last for up to 13 weeks in a 20-week period. If it lasts any longer than that, the employer is obliged to pay you severance. How much severance is owed depends on many factors, like how long you worked there and what’s in your employment contract.
Another key thing — a temporary layoff can only happen if (a) it’s allowed in your employment contract, (b) you agree to it, or (c) you work in a specific industry (such as forestry or construction) that allows for these types of layoffs. Something like the coronavirus pandemic, on its own, is not a valid legal reason for an employer to do a temporary layoff. Here, we have more on how temporary layoffs work.
An employer may tell you “we hope to have your continued support through this rough patch.” While this may be true, it doesn’t mean you have to agree to a temporary layoff. And you don’t have to decide right away — an employer may ask you to sign something before you leave the room. You don’t have to. Take your time and think about whether you’d rather take a permanent layoff (and the severance amounts you’re entitled to) instead.
