BC Introduces Streamlined COVID-19 Temporary Layoff Variance Application
Under the BC Employment Standards Act, the time period for a temporary layoff related to COVID-19 may be extended to a maximum of 24 weeks, ending on or before August 30, 2020. Employers who plan to recall employees on a date that falls after August 30, 2020 can now submit a joint application to extend a temporary layoff through the Employment Standards Branch (ESB) by August 25, 2020 to receive a decision by August 30, 2020. This is done through a variance to the Employment Standards Act.
In order to grant a variance extending the time period for a temporary layoff, the ESB Director must be satisfied the variance will facilitate the preservation of the employer’s operations. The employer applying needs to confirm and attest that the variance application helps preserve the employer’s operations.
Steps for joint applications to extend a temporary layoff
Communicate intention to apply
Employers must email/communicate to employee the employer’s intention, anticipated recall date and ask for consent. At least 51% of the affected employees must consent to the joint application. A template email is available here. In your email to employees, include link to form for them to submit confirming their consent.
Prepare list of affected employees
It is recommended to prepare a list of affected employees to submit with application for faster processing. Template available here.
Submit application
Submit your application online. The application can also be submitted by emailing this form, although this method will take longer.
Once application is decided, the employer will receive a copy of the decision. The conditions in the variance must be followed and a copy of the variance must be posted at the worksite. It is recommended a copy is also sent to employees via email.
Should you have any questions about preparing and submitting an expedited variance application, contact our Employment & Labour Group today.
Check out our Related Articles here.
Note to our Readers: This is not legal advice. If you are looking for legal advice in relation to a particular matter, please contact our Employment & Labour Group.
Chris was amazing to work with!
He was extremely knowledgeable in the different areas that I consulted him in. He also was helpful in preparing thorough contracts and as well as conflict resolution. I will highly recommend him to anybody that will need his services!
Sabeena Bubber, AMP, Mortgage Professional, Xeva Mortgage
Join
Subscribe For Updates
Subscibe to receive our updates on the latest legal developments and best practices in the workplace.
Voted Top 3 Employment Lawyers in Surrey, Langley and Abbotsford
Related Articles
Related
Expedited Workplace Closures: New BC Public Health Order (effective April 12, 2021)
Our Employment Lawyers review the New BC Public Health Order (effective April 12, 2021) putting employers at risk for Expedited Workplace Closures. | KSW Lawyers
BC COVID-19 Response FAQs for Employers
Our Employment Lawyers answer top Employer questions regarding BC Covid19 response, vaccinations at workplace, employees following public health orders and more. | KSW Lawyers
Employee’s Opinion on Mask Wearing Not Protected Under the BC Human Rights Code – Tribunal Dismisses Claim Against Employer
Our Employment Lawyers summarize recent BCHRT decision confirming that an employee’s objection to wear a mask, based on his opinion was not a belief protected by the Human Rights Code. | KSW Lawyers