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Hello I am in Ontario. I worked part time at a job and was temporarily laid off for a few months. However, within those months I picked up a few shifts. Am I still considered temporarily laid off in that time? Does that create a new need for notice to terminate me as I was still terminated at the end of it. Would this impact my severance at all as I currently qualify for one.

Under the ESA, temporary layoffs can last:

- Up to 13 weeks in a 20-week period.
- Up to 35 weeks in a 52-week period if certain conditions are met, such as continuing benefits or paying a portion of your wages.

However, employers can’t impose temporary layoffs unless:

- Your employment contract allows it.
or
- You have previously accepted a layoff with the same employer.

If your employer has now terminated your employment, you would be entitled to notice of termination, so long that you have been employed for at least 3 months with this employer.

Please contact our office for a consultation.
The Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-855-821-5900     Email: webquestions@stlawyers.ca     Web: www.stlawyers.ca
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