A temporary layoff in BC is not automatically legal just because your employer calls it temporary. For non-unionized employees, there are two separate questions that determine your rights:
- Did your employer have the right to temporarily lay you off in the first place?
- If the layoff was allowed, did it stay within the 13-weeks-in-20 limit?
If the answer to either question is no, the layoff may be treated as a termination of employment. You could be entitled to a full severance package, which can be worth as much as 24 months’ pay in some cases.
On This Page:
- 1. What Is a Temporary Layoff?
- 2. Can Your Employer Lay You Off?
- 3. The 13-Week Rule
- 4. Notice Before a Layoff
- 5. When a Layoff Becomes a Termination
- 6. Severance Pay After a Layoff
- 7. Your Rights During a Layoff
- 8. EI During a Temporary Layoff
- 9. Steps to Take After a Layoff
- 10. Temporary Layoff FAQs
Watch the video below from the Employment Law Show. Employment lawyer Lior Samfiru explains the key rights employees have after a temporary layoff in British Columbia.
What Is A Temporary Layoff In BC?
A temporary layoff happens when an employer provides an employee with less work or no work, with the plan that the employee will eventually return to a regular work schedule.
Under BC employment standards, a week generally counts as a week of layoff when an employee earns less than 50% of their regular weekly wages at their regular rate. The calculation is based on the previous eight weeks in which the employee worked.
During a valid temporary layoff, the employment relationship continues. The employee has not been permanently fired.
However, a temporary layoff can become a termination in two very different ways:
- The employer never had the right to impose the layoff in the first place.
- The layoff was initially valid but lasted too long.
Can My Employer Temporarily Lay Me Off In BC?
Not automatically. The BC Employment Standards Act sets rules for temporary layoffs, but it does not give every employer a general right to impose one.
A temporary layoff is generally permitted when:
- your employment contract allows temporary layoffs;
- you agreed to the temporary layoff in advance; or
- temporary layoffs are normal and expected in your industry.
If none of these apply, placing you on a temporary layoff may be a major change to your employment. For a non-unionized employee, this can potentially amount to constructive dismissal.
Unionized employees are generally governed by their collective agreement and should speak with their union about layoff and recall rights.
What Is The 13-Week Rule For Temporary Layoffs In BC?
If your employer has the right to place you on a temporary layoff, the layoff can generally last for up to 13 weeks in any period of 20 consecutive weeks.
There are two important details that employees often miss:
- The 13 weeks do not have to be consecutive.
- The 20-week period is a moving window, not a fixed calendar period.
Every week in which you earn less than 50% of your regular weekly wages can count as a week of layoff.
Example Of The 13-Week Rule
- Weeks 1 to 8: You are temporarily laid off.
- Weeks 9 to 11: You return to work.
- Weeks 12 to 17: You are laid off again.
You have now accumulated 14 weeks of layoff within a 20-week period. A short return to work does not automatically erase the earlier weeks of layoff.
The Simple Rule: Track the total number of layoff weeks within any 20-week period. The clock does not necessarily restart because you briefly returned to work.
Can The 13-Week Layoff Period Be Extended?
In exceptional circumstances, an employer and affected employees may jointly apply for a variance to extend the temporary layoff.
An employer cannot simply announce that the 13-week limit has been extended. A variance application generally requires:
- support from at least 51% of the affected employees;
- a plan to recall employees by a specific date; and
- approval from the Director of Employment Standards.
Do not assume you must agree to an extension. Understand what you may be giving up before supporting a variance.
How Much Notice Is Required Before A Layoff In BC?
The BC Employment Standards Act does not set a general minimum amount of advance notice that every employee must receive before a valid temporary layoff.
However, that does not mean your employer can automatically lay you off without warning.
The first question is still whether your employer had the right to impose the layoff at all. Your employment contract, workplace policies, past agreement or industry practices may affect your rights.
If your employer had no right to temporarily lay you off, the issue may not be how much advance notice you received. The layoff itself could potentially amount to a constructive dismissal.
When recalling an employee to work after a valid temporary layoff, an employer should provide reasonable notice of the return date so the employee has time to prepare.
When Does A Temporary Layoff Become A Termination In BC?
A temporary layoff can become a termination in several ways.
1. The Employer Had No Right To Lay You Off
If your employment contract did not allow a layoff, you did not agree to one and layoffs are not an expected part of your industry, the layoff may amount to constructive dismissal from the outset.
You may not have to wait 13 weeks before taking action.
2. The Layoff Exceeds 13 Weeks In A 20-Week Period
Even a valid temporary layoff generally becomes a termination when it exceeds 13 weeks in any 20-week period, unless an exception or approved variance applies.
Under the BC Employment Standards Act, the termination date can be treated as the beginning of the layoff.
3. There Is No Genuine Plan To Bring You Back
A temporary layoff is based on the expectation that the employee will return to a regular work schedule. If there is no genuine plan to recall you, the situation may actually be a termination rather than a temporary layoff.
4. Your Job Changes Significantly When You Return
If you are recalled with substantially lower pay, fewer hours, a demotion or other major changes to your employment, you may have additional rights.
Do not quit immediately. A major change may amount to constructive dismissal, but how you respond can affect your claim.
How Much Severance Pay Can I Get After A Layoff In BC?
If your temporary layoff becomes a termination, you may be entitled to much more than the minimum amount under BC employment standards.
There are generally two levels of compensation to consider:
BC Employment Standards Minimums
The BC Employment Standards Act provides minimum notice or compensation based on length of service. The statutory maximum for an individual termination is generally eight weeks.
Full Common Law Severance
Many non-unionized employees can be entitled to significantly more than the statutory minimum. A full severance package in BC can be worth as much as 24 months’ pay in some cases.
Your entitlement can depend on factors including your:
- age;
- length of service;
- position and responsibilities;
- employment contract; and
- ability to find comparable work.
Depending on the circumstances, compensation can also include benefits, bonuses, commissions and other amounts you would have earned during the notice period.
Use the Severance Pay Calculator to get a quick estimate of what you may be owed.
What Are My Rights During A Temporary Layoff In BC?
During a valid temporary layoff, you are still considered employed.
Your rights can include:
- Continued employment: Your employment relationship has not ended simply because you are temporarily laid off.
- Protected benefits and entitlements: Benefits, vacation accrual and leaves of absence remain protected during a valid temporary layoff.
- Continued service: Your years of service continue to accumulate while the employment relationship remains active.
- Reasonable notice of recall: Your employer should give you enough notice to prepare to return to work.
- Protection against major changes: Substantial changes to your pay, hours or other terms when you return may create additional employment law rights.
What Happens To Vacation Pay During A Temporary Layoff?
A valid temporary layoff does not automatically trigger an immediate payout of all unused vacation because the employment relationship is continuing.
However, vacation entitlements continue to be protected. If the layoff becomes a termination, outstanding vacation pay must be addressed as part of the amounts owed when employment ends.
Can I Collect EI During A Temporary Layoff In BC?
Yes, you may be able to receive Employment Insurance benefits if you meet the eligibility requirements.
EI regular benefits are available to eligible employees who lose work through no fault of their own, including because of a shortage of work or layoff.
You must generally:
- have experienced an interruption in earnings;
- have enough insurable hours;
- be ready and able to work;
- continue looking for work; and
- meet the other EI eligibility requirements.
Apply for EI as soon as you stop working. You do not need to wait to see whether your employer eventually recalls you.
Receiving EI Does Not Make The Layoff Legal. You can qualify for EI and still have a potential constructive dismissal or severance claim against your employer.
What Should I Do After Being Temporarily Laid Off In BC?
Do not simply assume you have to wait for 13 weeks. Take these steps as soon as possible:
- Do not sign or resign. Avoid signing a layoff agreement, release or severance package before understanding your rights.
- Review your employment contract. Look for wording that deals with temporary layoffs, reduced hours or interruptions in work.
- Find out whether the layoff was authorized. The most important question may be whether your employer had the right to lay you off at all.
- Track every week of layoff. Keep records of your hours, wages and any periods when you briefly returned to work.
- Save all communications. Keep your layoff letter, emails, text messages, recall notices and other documents from your employer.
- Apply for EI promptly. Do not wait for the 13-week period to end before considering income support.
- Get legal advice early. Waiting too long or accepting the situation without objection can affect your options.
How Can A BC Employment Lawyer Help?
A BC employment lawyer can determine whether your employer had the right to lay you off, whether the 13-week limit has been exceeded and whether you can pursue severance pay.
Our employment lawyers can:
- review your employment contract and layoff notice;
- determine whether the layoff may be a constructive dismissal;
- calculate the weeks of layoff within the 20-week period;
- assess your full severance entitlement;
- advise you on how to respond to the employer;
- negotiate directly with your employer; and
- pursue a legal claim when necessary.
Samfiru Tumarkin LLP is Canada’s largest and most positively reviewed employee-side employment law firm. We help non-unionized employees across British Columbia understand their workplace rights and pursue the compensation they are owed.
Contact us before you accept a temporary layoff, sign a severance offer or give up your right to additional compensation.
Temporary Layoff BC FAQs
Can my employer temporarily lay me off without my permission in BC?
Not automatically. A temporary layoff is generally permitted if your employment contract allows it, you agreed to it or layoffs are normal and expected in your industry. Otherwise, the layoff may amount to constructive dismissal.
How long can I be temporarily laid off in BC?
A valid temporary layoff can generally last up to 13 weeks in any period of 20 consecutive weeks. A longer layoff may become a termination unless an exception or approved variance applies.
Do the 13 weeks of layoff have to be consecutive?
No. The weeks do not have to be consecutive. You must count the total weeks of layoff within any 20-week period.
Can my employer recall me and then lay me off again?
Possibly, but a brief recall does not necessarily reset the 13-week calculation. Layoff weeks before and after the recall can still count if they fall within the same 20-week period.
What happens if a temporary layoff lasts longer than 13 weeks?
The layoff generally becomes a termination under the BC Employment Standards Act. The termination date can be treated as the beginning of the layoff, and the employee may be owed termination pay and additional common law severance.
Does my employer have to give me notice before a temporary layoff?
The BC Employment Standards Act does not set a general minimum advance notice period for every valid temporary layoff. However, your employer must still have the right to impose the layoff. Your contract or other terms of employment may also affect notice requirements.
Can I collect EI while temporarily laid off?
Yes, if you meet the eligibility requirements for EI regular benefits. Apply promptly after you stop working. Receiving EI does not prevent a temporary layoff from being challenged as constructive dismissal.
Do my benefits continue during a temporary layoff?
During a valid temporary layoff, you remain employed and your benefits and other employment entitlements are protected.
Do I get my vacation pay during a temporary layoff?
A temporary layoff does not normally trigger an immediate payout of all unused vacation because employment is continuing. Vacation entitlements remain protected, and outstanding vacation pay must be addressed if the employment relationship ends.
Can I refuse to return to work after a temporary layoff?
Refusing a valid recall can affect your employment rights and EI benefits. However, you may have different options if the employer is recalling you to a job with significantly lower pay, hours or responsibilities. Get legal advice before refusing to return.
Do I need a lawyer after a temporary layoff?
You are not legally required to hire a lawyer. However, a legal review can determine whether the layoff was allowed, whether you need to wait for the 13-week limit and whether you may already be entitled to severance.