Quick answer: Under Ontario’s ESA, a layoff is generally temporary if it lasts no more than 13 weeks in any 20-week period. It may extend to fewer than 35 weeks in a 52-week period when specified conditions are met. Since November 27, 2025, certain non-unionized employees and employers can agree in writing to a longer layoff—35 weeks or more in 52 weeks but fewer than 52 weeks in 78 weeks—with approval from the Director of Employment Standards.
A layoff that fits ESA time limits is not automatically valid under every employment contract. In some non-unionized workplaces, an unexpected layoff may raise constructive-dismissal issues. This article is general information, not legal advice.
Ontario temporary-layoff limits
| Layoff type | Maximum ESA window | Important condition |
|---|---|---|
| Standard temporary layoff | Up to 13 weeks in any 20 consecutive weeks | No extended-condition test |
| Extended temporary layoff | Less than 35 weeks in any 52 consecutive weeks | One or more ESA conditions must apply, such as continued benefits or substantial payments |
| New longer layoff option | 35 or more weeks in 52, but fewer than 52 weeks in 78 | Written agreement, required disclosures and Director approval |
The rules are detailed. Do not assume that a brief return to work resets every calculation.
Does an employer have the right to lay you off?
The ESA defines when a layoff becomes a termination for minimum-standards purposes. It does not necessarily give every employer a contractual right to impose a layoff. Review the employment contract, past workplace practice and any collective agreement. An employment lawyer can assess possible constructive dismissal.
What should an employee receive?
Ask for written confirmation of the layoff date, expected recall date, benefits status and contact person. The employer may need to issue a Record of Employment. Save schedules, pay stubs, benefits correspondence and every recall message.
Can you apply for EI during a temporary layoff?
You may be able to apply for EI regular benefits after an interruption of earnings if you meet federal eligibility requirements. Apply promptly rather than waiting for the ROE. Service Canada—not the employer—decides eligibility. Follow our EI application steps and ROE guide.
What happens when the time limit is exceeded?
If the layoff exceeds the applicable ESA limit, the employment may be treated as terminated, generally retroactive to the first day of layoff. The employee may then qualify for termination notice or pay and, in some cases, severance pay.
What should you do after receiving a layoff notice?
- Request the notice and proposed recall date in writing.
- Review whether your contract permits temporary layoffs.
- Confirm whether benefits and pension contributions continue.
- Apply for EI promptly if you may qualify.
- Keep searching for work unless your circumstances or EI instructions say otherwise.
- Do not sign a release or extended-layoff agreement without understanding it.
- Get legal advice quickly if the layoff was unexpected or the limit is approaching.
Frequently asked questions
Can I work somewhere else while laid off?
Often yes, subject to your contract and any conflict-of-interest obligations. You must accurately report work and earnings to Service Canada while receiving EI.
Can an employer recall me for one shift?
A short recall does not necessarily restart the statutory counting windows. The ESA calculation considers weeks of layoff within defined rolling periods.
Do benefits continue?
Not in every layoff. Continued benefit-plan contributions are one condition that may permit a layoff to extend beyond the basic 13-week threshold.
Official sources
Verify the current rules in Ontario’s termination and temporary-layoff guide and Service Canada’s EI regular benefits page.
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