Prior to the COVID-19 pandemic, Alberta's Employment
Standards Code, RSA 2000, c E-9, stated that employees who
were temporarily laid off for one or more periods exceeding, in
total, 60 days within a 120-day period were deemed to have been
terminated, unless:
- during the layoff period the employer, by agreement with the
employee,
- pays the employee wages or an amount instead of wages, or
- makes payments for the benefit of the laid-off employee in
accordance with a pension, employee insurance plan, or similar
plan, or
- there is a collective agreement in effect containing recall
rights for employees following layoff.
On April 6, 2020, in response to the pandemic, Alberta's
Minister of Labour and Immigration signed a Ministerial Order (MO
2020-18) that extended the maximum length of a temporary layoff
period to 120 consecutive days. The Ministerial Order provided that
this change applied to all temporary layoffs where the employee had
been given notice