Temporary layoff
in Ontario
Has your employer put you on a temporary layoff, with or without a recall date? Information for employees in Ontario, with advice online by video or phone.
Initial consultation free for employment and human rights matters.
In Ontario, a temporary layoff is when an employer reduces or stops an employee's work without ending the employment. The Employment Standards Act sets limits on how long a layoff can last. Separately, the common law asks whether the employer had the right to lay the employee off at all. A layoff that the contract does not allow may be a constructive dismissal, even if it is within the Act's time limits.
What we can do for you
Layoff review
We count the weeks, read the contract and explain where you stand under the Act and the common law.
More about constructive dismissal →Options before you decide
We explain what accepting a recall or treating the layoff as a termination could mean.
More about severance reviews →Negotiation
We negotiate with your employer and, where needed, take the matter further.
How a consultation works
You book
Choose a time online, or email us. You don't need any documents yet, and nothing you send at this stage is a commitment.
We run a conflict check
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Your consultation
By video or phone. You tell us what happened. We listen, then explain your options in plain language. Ask anything.
You decide
If you'd like more help, we explain the cost before any work starts, in writing. If not, there's no obligation and no charge.
What counts as a week of layoff
Under the Act, a week of layoff is a week in which the employee earns less than half of what they would ordinarily earn. Weeks do not count if the employee was not able or available to work, was on a disciplinary suspension, or was not working because of a strike or lockout. The Act does not require written notice of a layoff or a recall date, though a contract or collective agreement may.
How long a layoff can last under the Act
- Up to 13 weeks of layoff in any period of 20 consecutive weeks.
- More than 13 but fewer than 35 weeks in any 52 consecutive weeks, but only if a condition applies: for example, the employee keeps receiving substantial payments, the employer keeps paying benefit, insurance or pension contributions, the employee receives supplementary unemployment benefits, or the employee is recalled within a time set in a written agreement or approved by the Director of Employment Standards.
- Longer periods in limited cases, such as recall rights under a collective agreement, or for non-unionized employees, an extended layoff of less than 52 weeks in any 78-week period, where the employee agrees in writing and the Director of Employment Standards approves (available since November 27, 2025).
When a layoff becomes a termination
If a layoff goes beyond the limits that apply, the Act treats the employment as terminated, generally as of the first day of the layoff. The employee is then usually entitled to termination pay and, where the conditions are met, severance pay under the Act.
The common law: is there a right to lay off?
Outside a unionized workplace, an employer generally needs a right in the employment contract, express or implied, to impose a temporary layoff. Ontario courts have held that a layoff without that right can be a constructive dismissal, which may entitle the employee to reasonable notice under the common law. Ontario's own guide notes that a layoff can be temporary under the Act and still amount to constructive dismissal.
Timing matters. Under the Act, a constructive dismissal generally counts as a termination only if the employee resigns within a reasonable time, and accepting a recall or waiting a long time can affect the options.
Keeping a record
Layoff questions often come down to counting weeks and reading documents, so a simple record helps.
- The layoff letter or message, and any recall date given.
- Pay stubs or records of earnings, week by week, during the layoff.
- Whether benefits continued, and any payments received from the employer.
- The employment contract, offer letter or handbook, especially any layoff clause.
- Any written agreement about recall, and whether you were asked to sign one.
Recall and next steps
If you are recalled, the questions are whether the job, pay and hours are the same, and whether you have already treated the layoff as a termination. A lawyer can review the contract, the layoff notice and the timeline, and explain the options before you decide. A claim under the Act and a court claim each generally have a two-year limit. Consultations are online by video or phone, across Ontario. Initial consultation free for employment and human rights matters.
Related: Constructive dismissal · Constructive dismissal in Ontario (guide) · Severance in Ontario: what the law requires
General information, not legal advice. Last reviewed: October 2026 · Lutfi Law
Common questions
Still unsure? Our assistant can answer general questions any time.
Ask the AI assistantHow long can a temporary layoff last in Ontario?
Generally up to 13 weeks in any 20 consecutive weeks, or fewer than 35 weeks in any 52 if a condition such as continued benefits applies. Longer periods are possible only in limited cases.
Does my employer have to give a recall date?
The Act does not require one. A contract or collective agreement may. A missing recall date does not by itself end the employment.
Is a temporary layoff a constructive dismissal?
It can be, if your contract does not give the employer the right to lay you off. The answer depends on the contract and the facts.
What happens if the layoff goes over the limit?
The Act treats the employment as terminated, generally from the first day of the layoff, and termination pay is usually owed.
Is the first consultation free?
Initial consultation free for employment and human rights matters.
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General information, not legal advice.
