Have you been temporarily laid off in British Columbia? You may be entitled to far more than your employer is letting on. Many workers don’t realize that a temporary layoff could be considered a termination under the law – and that means you could be owed up to 24 months’ severance pay.
In this guide, we’ll break down:
- When a temporary layoff is legal (and when it isn’t)
- What BC’s 13-week rule really means
- How to claim full severance pay if your rights are violated
💡Don’t accept a layoff without knowing your rights. Speak to a Samfiru Tumarkin LLP employment lawyer in BC before signing anything.
Quick Take: What You Need to Know
- A layoff longer than 13 weeks in a 20-week period is a termination under BC law
- Employers can’t temporarily lay you off unless:
- You agree to it
- It’s in your employment contract
- It’s standard in your industry (e.g., logging)
- If your employer doesn’t follow these rules, you are entitled to full severance pay
📺 Watch: Can My Employer Temporarily Lay Me Off in BC?
In this video, employment lawyer Lior Samfiru explains your rights if you’ve been placed on a temporary layoff in British Columbia.
What Is a Temporary Layoff in BC?
A temporary layoff happens when your employer stops paying you or cuts your hours significantly – but doesn’t officially fire you. The Employment Standards Act (ESA) says a layoff week is any week where you earn less than 50% of your average weekly pay over the last 8 weeks.
A temporay layoff doesn’t end your employment on paper, but it likely does in the eyes of the law.
When Is a Temporary Layoff Legal in BC?
Your employer can only temporarily lay you off it:
- You explicitly agree to it
- Your employment contract allows it
- You’ve accepted a layoff before, without objecting
- You work in an industry where layoffs are common practice
If none of these apply, your employer may have illegally changed your job – a potential constructive dismissal.
💡Tip: Doing nothing can hurt you. If you don’t push back, it might be seen as you accepting the layoff.
What Is the 13-Week Rule in BC?
If you accept the temporary layoff, or your employer has the right to impose one, the ESA says:
- A layoff must not last more than 13 weeks in any 20-week period
- A longer layoff is only allowed if both sides apply for a variance
If your layoff goes past the 13-week limit without a variance, it becomes a termination – and you’re owed severance.
⚠️ Important: Even if your layoff follows the 13-week rule in the Employment Standards Act, that doesn’t make it legal – and you may be entitled to severance pay.
What Happens If My Layoff Goes Too Long?
If your layoff lasts longer than 13 weeks in a 20-week period and doesn’t meet the legal exceptions:
- It becomes a termination of employment
- You’re entitled to severance pay
- You don’t need to wait for your employer to make a move
Can I Collect EI During a Temporary Layoff in BC?
Yes — if you meet the eligibility rules.
If you’ve been temporarily laid off in BC, you may qualify for Employment Insurance (EI) benefits. This federal program can provide income support while you’re not working — even if your employer says your layoff is only temporary.
To qualify for EI, you must:
- Have experienced an interruption in earnings (typically earning less than 50% of your normal weekly income)
- Have enough insurable hours worked in the past year
- Be ready, willing, and able to work
- Apply as soon as possible after your layoff
💡 Important: Getting EI doesn’t mean the layoff is legal. If your employer didn’t have the right to lay you off, it may be considered a constructive dismissal – and you could be owed severance pay of up to 24 months.
Do I Get Paid for Unused Vacation During a Temporary Layoff in BC?
No — not unless your employment is ending.
If you’ve been temporarily laid off, your employer doesn’t have to pay out your unused vacation time right away. That’s because your employment is considered ongoing during the layoff.
However, if you don’t agree to the layoff and decide to treat it as a constructive dismissal, you are entitled to a full severance package and any accrued vacation pay.
⚠️ Reminder: Vacation pay must be paid in full if vacation is granted during a layoff. This is different from being recalled to work.
How Much Severance Pay Should I Get?
Severance pay isn’t just based on BC’s minimum standards. Common law applies – and means you are typically owed far more. In fact, you could be looking at a severance package of up to 24 months’ pay.
Your severance depends on:
- Age
- Length of service
- Position and responsibilities
- Employment contract terms
- How long it may take to find a new job
✋ Don’t Sign Anything!
Employers often offer far less severance than what you’re truly owed. Signing a full and final release could prevent you from pursuing a wrongful dismissal claim. Talk to Samfiru Tumarkin LLP first.
Can I Be Laid Off More Than Once?
If you accept a temporary layoff once, your employer may try to do it again. But this doesn’t automatically give them unlimited permission. Each case is different.
Always speak to an employment lawyer in BC before accepting a second layoff.
What Are My Rights During a Layoff in BC?
Even while laid off, you still have legal rights:
- Your benefits must continue during the layoff
- Your years of service continue to accummulate
- You must be recalled to your original position
- If the layoff turns into a termination, you must be paid severance
- If your job changes significantly when recalled, it could trigger a constructive dismissal
FAQs About Temporary Layoffs in BC
Can My Employer Reduce My Benefits During a Layoff?
No. If they do, it is likely considered a termination.
Is Notice Required Before a Layoff?
Not under the Employment Standards Act, but you may be owed notice or severance pay under common law.
Can I Receive EI While on a Temporary Layoff?
Yes. Employees in BC can generally collect Employment Insurance (EI) during a temporary layoff, as long as they meet the eligibility criteria.
What If I’m Recalled to a Different Position or Pay?
If the changes are major, it may be a constructive dismissal.
Do I Need a Lawyer?
Yes – If you’ve been laid off, you should always speak to an employment lawyer before accepting the situation or signing anything.
Speak to a BC Employment Lawyer Today
You don’t have to accept a layoff that may be illegal. Samfiru Tumarkin LLP has helped thousands of employees in British Columbia understand their rights and secure proper severance.
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