In most cases, 13 weeks is the maximum allowable duration for a temporary layoff under Ontario’s Employment Standards Act, 2000 (“ESA”). Absent a recall, at the end of the 13-week period, an employee on a temporary layoff will be deemed to have their employment terminated, triggering an employee’s entitlement to termination pay and severance pay (if applicable).
However, there have been temporary changes to the treatment of a temporary layoff, including the introduction of a new Regulation on May 29, 2020.
Under the new Regulation, employees are automatically deemed to be on an Infectious Disease Emergency Leave instead of a temporary layoff, if the layoff took place after March 1, 2020. Employees will remain on this job-protected leave for the duration of the “COVID-19 Period”.
This has effectively stopped the clock and removed the deadline for employers to recall employees for the duration of the “COVID-19 Period”, which has recently been extended to January 1, 2022.
If you have not been recalled to work and would like to review your eligibility for Infectious Disease Emergency Leave, please contact Toronto employment lawyers Sultan Lawyers at 416-214-5111 or via email to khayward@sultanlawyers.com.