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Sample Temporary Layoff LetterThis information is provided for general information purposes only and does not constitute legal or other professional advice. Information about the law is checked for legal accuracy as at the date the presentation/article is prepared, but may become outdated as laws or policies change.[ON HOTEL LETTERHEAD]EmployeeAddressDear _________________,Re: Temporary Layoff Notice of your Employment with HOTEL Effective DATE (“Effective Date”) you will be temporarily laid off for up to 60 days within a 120 day period (“Layoff Period”), due to the impact of the COVID-19 crisis on our business. Because to the unforeseeable circumstances associated with COVID-19, we are unable to provide the notice typically required, and are providing this notice to you as soon as we are able.Your regular pay earned up to DATE, less required deductions, will be direct deposited to your bank account on record on ________. Your Record of Employment will be issued within the required period.As a valued employee of the HOTEL, we hope that you will agree to an extension of the Layoff Period (“Layoff Extension”) so that we may continue to monitor the economic conditions beyond the 60 day in 120 day statutory Layoff Period with the objective of returning you to work when the situation stabilizes. If you agree to the Layoff Extension, the Company will continue to pay your benefit premiums and you will continue to be enrolled in and have access to the Company’s drug, health, vision, dental and health spending account benefits. [Check with your benefits provider and adjust the list of benefits that will or will not continue] If you do not agree to the Layoff Extension, all benefit coverage will cease on the Effective Date. Should you agree to the Layoff Extension, you will continue to be eligible for this ongoing benefit coverage pending your recall to work or until a decision is made to terminate your employment, which we hope will not be necessary. If it becomes necessary to terminate your employment, we will provide you with termination pay as required by the Employment Standards Code.During the Layoff Period or Layoff Extension, you may be re-called to work with 7 days written notice and you must return to work within those 7 days. Should you fail to return to work when recalled, your employment with the HOTEL will terminate and you will not be entitled to any termination notice or termination pay in lieu of notice and all benefits (if you agree to the Layoff Extension) will cease immediately.? Whether you agree to the Layoff Extension or not, please note that the Company’s employee benefit coverage for short and long-term disability, Accidental Death & Dismemberment, and group life [Check with your benefits provider and adjust the list of benefits that will or will not continue] will cease on the Effective Date. You are responsible for arranging continued coverage after this time. You may be eligible to convert your group life coverage to an individual policy without having to undergo a medical exam.?If you are interested in converting your group life coverage to an individual policy, please contact NAME at CONTACT NUMBER/EMAIL. You will only have?XX days from your termination date to take advantage of this conversion option. Please return all company documents, records, books, and other company property including keys, directly to NAME.If you agree to the Layoff Extension in order to preserve ongoing benefit coverage and recall rights, please sign the attached copy of this letter where indicated and return to _______ by no later than _______, 2020, If we do not receive a signed copy of this letter indicating your agreement with the Layoff Extension, your layoff and recall rights will be in place only during the Layoff Period and you will not be eligible for any ongoing benefit coverage.We regret that we have to make this decision, but trust that you understand why we have had to do so. If you have any questions or require clarification of anything in this letter, please feel free to contact me.I have enclosed a copy of sections 62 to 64 of the Code for your information.Regards,NameTitlePhone NumberEmailI _____________________________________________, understand and agree to the Layoff Extension in accordance with the terms set out in this letter. Date: __________________________ Signature: _____________________________Alberta Employment Standards Code Layoff ProvisionsLayoff and RecallTemporary layoff62(1) An employer who wishes to maintain an employmentrelationship without terminating the employment of an employeemay temporarily lay off the employee only by giving the employeea written layoff notice.(2) Unless a collective agreement provides otherwise, a layoffnotice must be given to the employee(a) at least one week prior to the date that the layoff is tocommence, if the employee has been employed by theemployer for less than 2 years,(b) at least 2 weeks prior to the date that the layoff is tocommence, if the employee has been employed by theemployer for 2 years or more, or(c) if unforeseeable circumstances prevent an employer fromproviding the notice in accordance with clause (a) or (b), assoon as is practicable in the circumstances (3) The layoff notice must(a) state that it is a temporary layoff notice,(b) state the date that the layoff is to commence,(c) include a copy of this section and sections 63 and 64, and(d) include any other information provided for in theregulations.Termination pay after temporary layoff63(1) The employment of an employee who is laid off for one ormore periods exceeding, in total, 60 days within a 120-day periodis deemed to have been terminated unless(a) during the layoff the employer, by agreement with theemployee,(i) pays the employee wages or an amount instead of wages,or(ii) makes payments for the benefit of the laid-off employeein accordance with a pension or employee insurance planor similar plan,or(b) there is a collective agreement binding the employer andemployee containing recall rights for employees followinglayoff.(2) When payments under subsection (1)(a) cease or recall rightsunder subsection (1)(b) expire, the employment of the employeeterminates and termination pay is payable.Recall64(1) An employer may request an employee to return to work byproviding the employee with a recall notice.(2) A recall notice must(a) be in writing,(b) be served on the employee, and(c) state that the employee must return to work within 7 days ofthe date the recall notice is served on the employee.(3) If an employee fails to return to work within 7 days of beingserved with the recall notice, the employee is not entitled totermination notice or termination pay if the employer decides toterminate the employee’s employment as a result of the employee’sfailure to return to work in accordance with the notice.(4) Subsection (3) does not apply to an employee bound by acollective agreement containing recall rights for employeesfollowing a layoff. ................
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