Have you been temporarily laid off in Alberta? You might be owed more than your employer has told you. In many cases, what’s called a “temporary layoff” is actually treated as a termination under Alberta law — and that means you could be owed up to 24 months’ severance pay.
In this guide, you’ll learn:
- When temporary layoffs are legal (and when they’re not)
- How long a layoff can last under Alberta’s rules
- What severance pay you’re owed if your layoff is illegal or too long
💡Don’t accept a layoff without knowing your rights. Speak to a Samfiru Tumarkin LLP employment lawyer in Alberta before signing anything.
Quick Take: What You Need to Know
- Temporary layoffs aren’t automatically legal in Alberta
- A temporary layoff must not last more than 90 days in a 120-day period
- You must agree to the layoff or have a contract that allows it
- If your employer violates these rules, you may be owed full severance pay
📺 Watch: Can My Employer Temporarily Lay Me Off in Alberta?
In this video, employment lawyer Lior Samfiru explains your rights if you’ve been placed on a temporary layoff in Alberta, on the Employment Law Show.
What Is a Temporary Layoff in Alberta?
A temporary layoff is when your employer stops your work — or significantly cuts your hours — but doesn’t formally fire you. The Alberta Employment Standards Code (ESC) allows this for up to 90 days in a 120-day period.
But here’s the catch: Even if the Code allows layoffs, common law may still treat it as a termination — and that means severance pay is owed.
When Is a Temporary Layoff Legal?
Your employer can only place you on a layoff if:
- You explicitly agree to it
- Your employment contract allows it
- You’ve accepted a previous layoff and didn’t object
- You work in a seasonal industry where layoffs are common practice
⚠️ Warning: If none of these apply, the layoff may be a constructive dismissal — and you can claim severance.
What is the 90-Day Rule in Alberta?
Under Alberta’s rules, temporary layoffs can only last 90 total days within a 120-day window.
- If the layoff goes beyond 90 days without recall, it becomes a termination
- You’re then entitled to full severance – up to 24 months’ pay – if you were fired
What Happens If My Layoff Goes Too Long?
If you’re not recalled within 90 cumulative days, your employment ends by law — and your employer must pay severance.
Even if you qualify for EI, you may still have a strong case for wrongful dismissal.
Can I Get EI During a Temporary Layoff in Alberta?
Yes — if you meet the criteria. While your job is on hold, you may qualify for Employment Insurance (EI).
To receive EI during a layoff, you must:
- Earn less than 50% of your regular weekly pay
- Have enough insurable hours in the last 12 months
- Be ready and able to work
💡 Reminder: Getting EI doesn’t mean your layoff is legal. You are still owed severance pay.
Can I Be Laid Off More Than Once?
If you accepted a layoff once, your employer might claim you’ve set a “precedent.” That could allow them to lay you off again.
Don’t agree to multiple layoffs without speaking to a lawyer. You may have already accepted a constructive dismissal without realizing it.
Can My Employer Change My Job After a Layoff?
If you’re recalled, your employer must bring you back to the same role, pay, and hours. If they change any of these, you can claim constructive dismissal.
How Much Severance Am I Owed?
Severance pay in Alberta isn’t just about minimums — the common law applies, and that means you are owed up to 24 months’ pay.
Your severance depends on factors like:
- Age
- Length of service
- Job duties and seniority
- Job market outlook
FAQs About Temporary Layoffs in Albert
Is a Temporary Layoff Legal in Alberta?
Only if you explicitly agree to it, or your employment contract says it’s allowed. Otherwise, it may be treated as a constructive dismissal and you could be owed severance pay.
How Long Can a Temporary Layoff Last?
In Alberta, a temporary layoff can last up to 90 days within a 120-day period. If it goes longer than that, it becomes a termination and severance is required.
Can I Get Severance Pay After a Temporary Layoff?
Yes. If the layoff wasn’t legal or lasted too long, you could be owed up to 24 months’ pay as severance pay, by law.
Do I Need to Be Given Notice Before a Temporary Layoff?
Alberta law says employers must give notice “as soon as practicable.”
Can I Be Laid Off More Than Once?
If you accept a layoff, it could set a precedent. That may give your employer the right to lay you off again. Talk to an employment lawyer at Samfiru Tumarkin LLP before accepting another layoff.
Does Getting EI Mean the Layoff is Legal?
No. You may still be entitled to severance pay even if you’re collecting EI during the layoff.
Can My Employer Change My Job When I’m Recalled?
No. If they reduce your pay, change your hours, or alter your role, it may qualify as a constructive dismissal.
Speak to an Alberta Employment Lawyer Today
You don’t have to accept a layoff that may be illegal. Samfiru Tumarkin LLP has helped thousands of non-unionized employees in Alberta understand their rights and secure fair compensation.
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