Employers in the City of Kawartha Lakes, tips to you for recalling employees from lay offs during the pandemic:

  • Must recall before end of 13-week statutory period (within rolling 20 week period); maximum is 35 weeks during any 52-week period if certain conditions apply – otherwise deemed termination – More information about lay off rules and requirements is here:
  • Terms of recall must comply with the requirements of the Employment Standards Act, at a minimum
  • Check employment agreement, workplace policy or collective bargaining agreement, if any – must provide “greater right or benefit” compared to Employment Standards Act
  • No formal notice requirement/procedure, unless in an employment agreement, workplace policy or collective bargaining agreement, if any
  • If not recalled by statutory deadline, statutory entitlements triggered for most employees (but check for exemptions to statutory entitlement – construction workers, etc.)
  • May also trigger common law pay in lieu of notice (i.e., severance)
  • Employees must return, if recalled, within a reasonable period of time, or forfeit statutory entitlements (termination and severance pay, etc.) [Employment Standards Act Policy and Interpretation Manual, ss. 2(1), para. 7]
  • Employer must prove failure to return after recall – must be clear, written notice of recall and employee could read and understand the recall notice
  • Avoid verbal recalls – do it in writing
  • Avoid recalling for a short period of time to avoid paying statutory entitlements [Highland Cove Marina v. Van Velden and Babcock, Dec. 22, 1983, ESC 1531, Sheppard)
  • Must return to pre-lay off position – must be confirmed in the written notice of recall
  • Return to work notice should identify those employees being recalled, dates of recall and intention to provide a work schedule to those recalled
  • If staggering recalls, should recall in reverse order of lay offs (i.e., those laid off first will be recalled first), if possible
  • Return to work notice should confirm the recall is on the same terms of employ as pre-lay off
  • If any change to pay, work hours, etc. to be applied, must specify that in the written recall notice (and confirm intention to return to pre-lay off terms as soon as possible)
  • Return to work notice should explain further lay offs may be required, depending on developments and, if so, terms of initial lay off will apply
  • Return to work notice should remind recalled employees to notify the federal government (i.e., end the CERB, EI, etc.) to avoid double-dipping
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