Skip to content

Temporary lay off timeline extended to 26 weeks from 13… temporarily

Twila Reid and John Samms

On Friday, June 12, 2020, the Government of Newfoundland and Labrador announced it has extended the time period under section 50 of the Labour Standards Act (“the Act”) that converts a temporary layoff into a permanent termination.

The Order doubles the amount of time a person may be considered to have been temporarily laid off to 26 weeks from 13 weeks, so long as that timeframe is captured within a period of 33 consecutive weeks between March 18 and September 18, 2020. If a worker receives pay during the 33 week period, the number of days for which the employee is paid does not count toward the 26 week lay-off period. The deadline to make a complaint is extended to 12 months from the date the employee’s contract is terminated (the previous deadline was 6 months).

This is a temporary change as the Act itself has not been amended. The Lieutenant-Governor in Council made the Order through the Temporary Variation of Statutory Deadlines Order, made under the power of section 6 of the Temporary Variation of Statutory Deadlines Act, a creature of the provincial government’s COVID-19 response that impacts a myriad of statutory deadlines.

This move may temporarily ease some of the pressure on employers as the normal operation of the Act would have employers facing decisions to permanently terminate employees even though many businesses cannot operate as a result of ongoing COVID-19 restrictions. This change allows employers to take more time to consider how best to bring employees back to work or adjust their business in accordance with the so-called “new normal”.

Employers should seek specific legal advice to understand how the above Order is applicable to their particular circumstances, including what further notice(s) if any they should provide to laid off employees.

The Order, as published in the Gazette, states as follows:

The Temporary Variation of Statutory Deadlines Order is amended by adding immediately after section 4 the following:

4.1(1) Notwithstanding section 50 of the Labour Standards Act, where an employer temporarily lays off an employee on or after March 18, 2020 and before September 18, 2020 and the lay-off exceeds 26 weeks in a period of 33 consecutive weeks, the employee shall, for the purposes of Part X of that Act be considered to have been terminated at the beginning of the 26 week period.

(2) For the purposes of subsection (1), a day during the period of 33 consecutive weeks for which an employee receives pay, including pay the employee receives for a public holiday occurring during that period, shall not be counted in the calculation of the 26 week lay-off period set out in subsection (1).

(3) Where the 6 month period referred to in subsection 62(3) of the Labour Standards Act falls on or after March 18, 2020 and before September 18, 2020, a person may, notwithstanding subsection 62(3) of that Act, file a complaint within 12 months of the date the employee’s contract is terminated.


This article is provided for general information only. If you have any questions about the above, please contact a member of our Labour and Employment group.

Click here to subscribe to Stewart McKelvey Thought Leadership articles and updates.

SHARE

Archive

Search Archive


 
 

Client Update: A judge’s guide to settlement approval and contingency fee agreements in P.E.I.

July 25, 2013

In Wood v. Wood et al, 2013 PESC 11, a motion pursuant to Rule 7.08 of the Rules of Civil Procedure for court approval of a settlement involving a minor, Mr. Justice John K. Mitchell approved the settlement among the…

Read More

Client Update: Directors will be liable for unpaid wages and vacation pay

July 8, 2013

Clients who sit on boards of corporate employers should take note of recent amendments made to New Brunswick’s Employment Standards Act (the “ESA”) which could increase their exposure to personal liability in connection with claims advanced by…

Read More

Client Update: To B or Not To B? Potential Changes to PEI Auto Insurance

June 28, 2013

Significant changes may be coming to the standard automobile policy in PEI, including increases to the accident benefits available under Section B and an increase to the so-called “cap” applicable to claims for minor personal…

Read More

Client Update: Special Project Orders the next milestone for Muskrat Falls progress

June 21, 2013

On June 17, 2013, pursuant to the recently amended Section 70 of the Labour Relations Act for Newfoundland and Labrador (“NL”), the Government of Newfoundland and Labrador issued three Special Project Orders (“SPOs”) in respect of the…

Read More

Client Update: Hold your breath, SCC rules on random alcohol testing

June 17, 2013

On June 14, 2013, the Supreme Court of Canada (“the Court”) released the decision that employers across the country were waiting for. In CEP Local 30 v. Irving Pulp & Paper Ltd., 2013 SCC 34, a…

Read More

Client Update: Newfoundland and Labrador Aboriginal Consultation Policy

June 14, 2013

The Government of Newfoundland and Labrador (“NL”) has recently released its “Aboriginal Consultation Policy on Land and Resource Development Decisions” (the “Policy”). A copy of the Policy can be accessed here. This new Policy is the…

Read More

Spring 2013 Labour & Employment Atlantic Canada Legislative Update

June 11, 2013

The following is a province-by-province update of legislation from a busy 2013 spring session in Atlantic Canada. Watching these developments, we know the new legislation that has passed or could soon pass, will impact our…

Read More

Client Update: Jury Duty – Time to Think Twice

June 6, 2013

The integrity of the jury system has become a pressing topic for our courts of late, with articles about jury duty frequently appearing front and centre in the press. The recent message from the Nova…

Read More

Doing Business in Atlantic Canada (Summer 2013)(Canadian Lawyer magazine supplement)

June 2, 2013

IN THIS ISSUE: Cloud computing: House to navigate risky skies by Daniela Bassan and Michelle Chai Growing a startup by Clarence Bennett, Twila Reid and Nicholas Russon Knowing the lay of the land – Aboriginal rights and land claims in Labrador by Colm St. Roch Seviour and Steve Scruton Download…

Read More

Client Update: The Personal Health Information Act (PHIA) is coming…..

May 27, 2013

DOES IT APPLY TO YOU? On June 1, 2013, the Personal Health Information Act (PHIA) comes into force in Nova Scotia.  If you are involved in health care in Nova Scotia, you need to know whether PHIA…

Read More

Search Archive


Scroll To Top