On May 4, 2020, British Columbia announced the first extension of the temporary release period, increasing the maximum period from 13 to 16 weeks over a consecutive 20-week period. The province has added Section 45.01 of the Employment Standards Regulation (the “regulation” which provides that the maximum temporary termination period, fully or partially attributable to the COVID-19 state of emergency, will be increased from 20 weeks to 16 weeks over a period of 20 consecutive weeks). Despite this series of changes to the temporary redundancy period, including the recent extension of the maximum temporary redundancy period to 24 weeks, the conditions for a temporary redundancy in force remain the same in the province. Please note that this article has been updated with information about COVID-19 and layoffs. While we encourage every employer to do everything in their power to avoid redundancies, we understand that this information is necessary and we want to meet this need. Here you`ll find quick links to resources. Temporary redundancies are only legal if one of the following provisions applies: the Ontario Federation of Labour (OFL) went on to say that changes to the rules on temporary layoffs in the midst of the COVID 19 pandemic were “an attack” on the most vulnerable workers. British Columbia has extended temporary layoffs during the COVID-19 pandemic to a maximum of 24 weeks, which expire on August 30, 2020. This extension of the temporary redundancy period to 24 weeks by the province follows a decision by the federal Minister of Labour earlier this week to extend the deadlines for temporary layoffs for federal workers, as has already been discussed here: Blog post. For COVID-19 layoffs that began before June 1, 2020 and have not been renewed, see termination of employment.
A termination also becomes a termination of employment as soon as it exceeds 13 weeks over a consecutive period of 20 weeks. If you do not have a written agreement establishing your right to temporary dismissal, you must be a legal advisor before attempting to do so. Please contact EmployRight to speak to an employment law professional. layoffs of up to 13 weeks over a 20-week period; The BC government issued a press release indicating that decisions regarding Section 65 (1) (d) in the implementation of the Covid 19 pandemic are made on a case-by-case basis.