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Page 1: This Employer Resource Kit was created in collaboration ... · EI Sickness Benefit Fact Sheet Appendix F . Canada Emergency Response Benefit Page 4 . Employment Insurance : Regular

This Employer Resource Kit was created in collaboration between:

Page 2: This Employer Resource Kit was created in collaboration ... · EI Sickness Benefit Fact Sheet Appendix F . Canada Emergency Response Benefit Page 4 . Employment Insurance : Regular

Employer Resource Kit: COVID-19 Table of Contents

Programs Available to Nonprofit and Charitable Organizations Impacted by COVID-19

Federal Programs Temporary Wage Subsidy Page 1 Work-Sharing Program Page 2

Fact Sheet on COVID-19 Work Sharing Program Appendix A

Provincial Programs Worker’s Compensation Board Premium Payment Deferral Page 2

Resources for Nonprofit and Charitable Employers Things to Consider before a Staff Layoff Appendix B Employment Termination Checklist Appendix C Temporary Layoff Letter Template Appendix D Permanent Layoff Letter Template Appendix E

Programs Available to Nonprofit and Charitable Workers Impacted by COVID-19

Federal Programs Employment Insurance: Sickness Benefit Page 3

EI Sickness Benefit Fact Sheet Appendix F

Canada Emergency Response Benefit Page 4 Employment Insurance: Regular Benefits Page 4

EI Regular Benefits Fact Sheet Appendix G

Provincial Programs Job Protected Leave Page 5 Emergency Isolation Support Page 5

Frequently Asked Questions Page 6

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COVID-19 EMPLOYER RESOURCE KIT

COVID-19 Employer Resource Kit As COVID-19 continues to disrupt organizations and pose challenges to business as usual, the Edmonton Chamber of Voluntary Organizations, FuseSocial and IntegralOrg have collaborated to compile a list of essential human resource supports for nonprofit employers. This information has been compiled as a quick resource guide for nonprofit employers but should not take the place of consulting a legal or human resource professional.

Programs Available to Nonprofit and Charitable Organizations Impacted by COVID-19 Federal Programs Temporary Wage Subsidy

As part of its COVID-19 Economic Response Plan, the Government of Canada has put into place a temporary wage subsidy for eligible employers to prevent layoffs.

The Temporary Wage Subsidy for Employers is a three-month measure that will allow eligible employers to reduce the amount of payroll deductions required to be remitted to the Canada Revenue Agency.

Eligible employers include non-profit organizations and registered charities who have an existing business number and payroll program account with the CRA on March 18, 2020 and who pay salary, wages, bonuses, or other remuneration to an employee.

The subsidy is to be equal to ten per cent (10%) of an employee’s salary up to a maximum of $1,375 per employee and $25,000 per employer. Organizations would immediately benefit from this support by reducing the remittance of income tax withheld on their employees’ wages.

The subsidy is calculated manually by the employer. Once the subsidy is calculated, employers can reduce their current remittance of federal, provincial, or territorial income tax that they send to the CRA by the amount of the subsidy starting with their next remittance period scheduled after March 18, 2020.

Full details can be found here. On Friday, March 27, 2020, Prime Minister Trudeau announced the federal government will pay up to 75 percent of wages for qualifying companies, backdated to March 15. Details on which companies will be covered and how it works are expected on Monday, March 30. We will continue to update this page as details become available.

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COVID-19 EMPLOYER RESOURCE KIT

Work-Sharing Program Work-Sharing (WS) is an Employment Insurance adjustment program designed to help eligible employers and employees avoid layoffs when there is a temporary reduction in the normal level of business activity that is beyond the control of the employer.

Work Sharing is a three-party agreement amongst employers, employees and Service Canada, where the employees must agree to a reduced schedule of work and to share the available work over a specified period.

The program allows employers to temporarily reduce its employee’s work schedule, by providing the employee with a portion of their reduced income. The measure provides income support to employees eligible for Employment Insurance benefits who work a temporarily reduced workweek while their employer recovers.

In response to the COVID-19 pandemic, the Government of Canada has introduced some special temporary measures including extending the maximum duration of agreements from 38 weeks to 78 weeks, waiving the waiting period between agreements, and easing the recovery plan requirements.

There are several criteria for eligibility, including:

• must be experiencing a recent decline in business activity of at least 10% • must be experiencing a recent decline in business activity directly or indirectly related to

the impact of COVID-19 • Must be a private business, a publicly held company or a not-for-profit organization

See our Fact Sheet on COVID-19 Work Sharing Program – Appendix A

Provincial Programs Workers Compensation Board (WCB) Premium Payment Deferral

Small and medium businesses in the private sector (as well as those in voluntary industries), are eligible to receive a reduction in their WCB premiums. The government will cover 50% of the 2020 premium when it is due in 2021.

Large employers will have their 2020 WCB premium payments deferred until 2021.

No application is necessary, these will automatically be waived.

View the Workers Compensation Board Announcement here.

WCB Employer Fact Sheet: Premium relief for employers

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COVID-19 EMPLOYER RESOURCE KIT

Resources for Non-profit and Charitable Employers At this time, leaders of non-profit and charitable organizations are facing difficult decisions about their business and their employees. Those employers who are considering layoffs are concerned about their employees and how they will cope. We have provided helpful templates and checklists for your use as well as a summary of programs that are available to help employees during this difficult time.

Things to Consider Before a Staff Layoff – Appendix B

Employment Termination Checklist – Appendix C

Temporary Layoff Letter Templates – Appendix D

Permanent Layoff Letter Templates – Appendix E

Programs Available to Nonprofit and Charitable Workers Impacted by COVID-19 Federal Programs Employment Insurance: Sickness Benefits (COVID-19)

Sickness Benefits are part of the Employment Insurance program. In response to the COVID-19 pandemic, Service Canada is waiving the one-week waiting period for its Employment Insurance sickness benefits for those quarantined due to COVID-19. The benefit provides up to 15-weeks of financial assistance up to a maximum of $573 per week.

Quarantined individuals are not required to provide a medical certificate and should apply directly online.

Service Canada has also setup a dedicated phone line for quarantined individuals who have already applied and would like to have the waiting period waived.

Telephone: 1-833-381-2725 (toll-free)

Teletypewriter (TTY): 1-800-529-3742

See our EI Sickness Benefit Fact Sheet – Appendix F

View the full program details here.

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COVID-19 EMPLOYER RESOURCE KIT

Canada Emergency Response Benefit

To support workers and help businesses keep their employees, the Government of Canada is implementing the Canada Emergency Response Benefit (CERB). This taxable benefit provides $2,000 a month for up to four months for workers who lose their income as a result of the COVID-19 pandemic.

Canadians who are already receiving EI regular and sickness benefits as of today would continue to receive their benefits and should not apply to the CERB. If their EI benefits end before October 3, 2020, they could apply for the CERB once their EI benefits cease and if they are unable to return to work due to COVID-19.

Canadians who have already applied for EI and whose application has not yet been processed would not need to reapply. Canadians who are eligible for EI regular and sickness benefits would still be able to access their normal EI benefits, if still unemployed, after the 16-week period covered by the CERB.

This benefit covers those who have lost their job, are sick, quarantined, or taking care of someone who is sick with COVID-19, as well as working parents who must stay home without pay to care for children who are sick or at home because of school and daycare closures. The benefit applies to wage earners, as well as contract workers and self-employed individuals who would not otherwise be eligible for Employment Insurance (EI). Additionally, workers who are still employed, but are not receiving income because of disruptions to their work situation due to COVID-19, would also qualify for the CERB. This would help businesses keep their employees as they navigate these difficult times, while ensuring they preserve the ability to quickly resume operations as soon as it becomes possible.

The application portal will be ready in early April.

More information can be found here.

Employment Insurance: Regular Benefits

Employees who are laid off may be able to access regular EI benefits:

Employment Insurance (EI) provides regular benefits to individuals who lose their jobs through no fault of their own (for example, due to shortage of work, seasonal or mass lay-offs) and are available for and able to work, but can't find a job.

Always apply for EI benefits as soon as you stop working. You can apply for benefits even if you have not yet received your Record of Employment (ROE). If you delay filing your claim for benefits for more than four weeks after your last day of work, you may lose benefits.

View our EI Regular Benefits Fact Sheet here – Appendix G

Full details about eligibility, how much you could receive, what you need before you start, and applying can be found here.

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COVID-19 EMPLOYER RESOURCE KIT

Provincial Programs Job Protected Leave

The Government of Alberta has implemented 14-days of job-protected leave for employees required to self-isolate or care for a child or dependent that is required to self-isolate.

There is no minimum employment tenure and employees are not required to provide a medical note. This program is not available for self-employed individuals or contractors.

Further information can be found here.

Emergency Isolation Support

This is a temporary program for working adult Albertans who must self-isolate because they meet the Government of Alberta’s published criteria for self-isolation, including persons who are the sole care-giver for a dependent who must self-isolate because they meet the public health criteria, and who will not have another source of pay or compensation while they are self-isolated.

Criteria for self-isolation include:

• if you recently returned from travel outside of Canada (even if feeling well) • are in close contact with someone who has tested positive for COVID-19 • have been asked by a health care professional to self-isolate for another reason • if you become sick with symptoms such as dry cough, fever, difficulty breathing, runny

nose, sore throat • A one-time payment of $1,146 will be distributed to bridge the gap until the federal

emergency payments begin in April.

More details about eligibility can be found here.

How to apply:

Sign into the MyAlberta Emergency Isolation Support system using your verified MyAlberta

Digital ID (MADI) account to complete the application.

• If you don’t have a verified MADI account, you can sign up during the application process using your Alberta driver’s licence or ID card number to confirm your identity.

• You do not need to wait 10 days for the mailed verification code to complete your application.

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COVID-19 EMPLOYER RESOURCE KIT

Frequently Asked Questions If my employees are laid off, can they work while receiving EI?

Some employers have asked – if they need to lay off employees, is it possible to help them through this difficult time by “topping up.”

Details for working while on a claim can be found here.

If you earn money while receiving EI benefits, you can keep 50 cents of your benefits for every dollar you earn, up to 90 percent of your previous weekly earnings (roughly four and a half days of work). Above this cap, your EI benefits are deducted dollar-for-dollar.

You are not eligible to receive EI benefits if you work a full week, regardless of the amount you earn. However, this will not reduce the total number of weeks payable on your claim.

Since you are already receiving EI, you do not need to apply for Working While on Claim. You simply need to continue to declare your earnings online.

How do I complete a Record of Employment (ROE)? When an employer lays off or terminates and employee, a ROE must be completed. The ROE is the form—whether electronic or paper—that employers complete for employees receiving insurable earnings who stop working and experience an interruption of earnings. The ROE is the single most important document in the Employment Insurance (EI) program. You must complete the ROE even if the employee does not intend to apply for EI benefits. When an employee has had or is anticipated to have seven consecutive calendar days with no work and no insurable earnings from the employer, an interruption of earnings occurs. This is called the seven-day rule. For example, the seven-day rule applies when employees quit their jobs or are laid off, or when their employment is terminated. When an employee’s salary falls below 60% of regular weekly earnings because of illness, injury, quarantine, pregnancy, the need to care for a newborn or a child placed for the purposes of adoption or the need to provide care or support to a family member who is critically ill, an interruption of earnings occurs. In this case, the first day of the interruption of earnings is the Sunday of the week in which the salary falls below 60% of the regular weekly earnings. Coding an ROE:

Code A is for a layoff due to a shortage of work or temporary business closure.

Code D is for Illness or Injury: when an employee is absent due to illness, quarantine, or ordered self-isolation.

Code Q: Quit

Code N: Leave of Absence can be used if an employee is unable to work, for example, if is schools and day cares are closed and the employee must stay home with a child. Do not put any comments in the comments box on the ROE; this will slow down processing as the ROE will need to be reviewed manually.

View the ROE Guide here.

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COVID-19 EMPLOYER RESOURCE KIT

Detailed instructions for completing an ROE can be found here.

What childcare supports are available for core service workers?

Select licensed child care centres will begin reopening the week of March 23. Access will be prioritized to health care practitioners and critical infrastructure workers then secondly first responders and others.

Parents will be notified through their employer if they qualify to send their children to the newly reopened centres.

Alternatively, approved family dayhome are exempt from the closure as they provide care to fewer than 7 children at a time. Private home-based child care providers also remain open as they are limited to 6 children in their home at one time.

Can I temporarily lay off an employee?

According to the Employment Standards Code, Part 2, Division 8, an Alberta employer can temporarily lay off an employee by following the basic rules below, (unless a collective agreement provides otherwise):

• A notice of temporary layoff is in writing, stating that it is a temporary layoff notice, include its effective date, and include sections 62-64 of the Employment Standards Code.

• The notice must be provided (unless otherwise stated in a collective agreement) at least one week prior to the layoff date if the employee has been employed by the employer for less than 2 years OR at least two weeks prior to the layoff date if the employee has been employed by the employer for more than 2 years.

• In instances of unforeseeable circumstances employers are required to provide as much notice as possible. (For example, COVID-19)

The maximum length of a temporary layoff in Alberta is 60 total days within a 120 day period. On the 61st day of temporary layoff, if no recall notice is given, the employees employment is considered terminated. If there is a collective agreement in place, an employee may have recall rights following the layoff and termination pay is owed when recall rights expire.

An employer must issue a ROE for an employee being temporarily laid off.

*Employers who are considering temporary layoffs should ensure they are complying with contract and common law as applicable as well as the Employment Standards Code.

Click here to view the Government of Alberta’s page on temporarily layoffs.

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COVID-19 Work-Sharing Program

What is the Work-Sharing Program?

Work-Sharing (WS) is an Employment Insurance adjustment program designed to help eligible employers and employees avoid layoffs when there is a temporary reduction in the normal level of business activity that is beyond the control of the employer.

The program allows employers to temporarily reduce its employees work schedule, by providing the employee with a portion of their reduced income. The measure provides income support to employees eligible for Employment Insurance benefits who work a temporarily reduced workweek while their employer recovers.

What is the COVID-19 Work-Sharing Program?

In response to the COVID-19, for those already using the Work-Sharing Program, (with an agreement that ended between June 23, 2019 and March 14, 2020) the Federal Government waived the mandatory waiting period and extended the extension period from 12 to 38 weeks.

For those not already on Work-Sharing, (WS agreements that began, or ended between March 15, 2020 and March 14, 2021) the Government of Canada is introducing the following temporary special measures effective March 15, 2020 to March 14, 2021:

extend the maximum duration of WS agreements from the current 38 weeks to 76 weeks waive the mandatory waiting period between agreements, and ease recovery plan requirements for the duration of the WS agreement

WS temporary special measures are only available to employers either directly or indirectly experiencing a downturn in business due to COVID-19.

Measures Available to Employers

If an employer's agreement is signed between March 15, 2020 and March 14, 2021 (with an agreement start date no later than March 14, 2021) or begins or ends between March 15, 2020 and March 14, 2021, then they may be eligible for a 38-week extension for a total of 76 weeks.

If an employer's agreement ended between June 23, 2019 and March 13, 2020 and are currently in their mandatory cooling-off period, then they may be eligible to waive the mandatory waiting period, and apply for a new agreement with a maximum possible duration of 76 weeks.

Which employers can apply?

To be eligible to apply, you must:

be experiencing a recent decline in business activity of at least 10% be experiencing a recent decline in business activity directly or indirectly related to the

impact of COVID-19 demonstrate that the shortage of work is temporary, beyond your control and not a

cyclical/recurring slowdown

Appendix A

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COVID-19 Work-Sharing Program

be a year-round business in Canada for at least two years be a private business, a publicly held company or a not-for-profit organization have at least two employees in the Work-Sharing Unit (a group of eligible employees

who have agreed to participate in the WS program) be willing to implement a recovery plan to support the on-going operations and viability

of the business

For a not-for-profit employer to be eligible, the shortage of work must be directly associated with a reduction in the organizations normal level of business activity. A reduction in revenue levels alone (for example, grants, donations, memberships, etc.) would not meet the Work-Sharing eligibility criteria. Business activity is defined as the selling of goods or services with an objective to earning profit.

Which employees can apply?

Employees being proposed for a Work-Sharing agreement must:

be "core employees" (permanent full-time or part-time employees who are required tocarry out the everyday functions of normal business activity)

be eligible to receive Employment Insurance benefits; and agree to a reduction of their normal working hours in order to share the available work.

How to Apply

The employer and the employees (and the union, if applicable) must agree to participate in a Work-Sharing agreement and must apply together. An application for a Work-Sharing agreement must be submitted a minimum of 30 days prior to the requested start date.

To apply for Work-Sharing an employer must provide:

a completed application form (including attachments and signatures of both employerrepresentative(s) and employee representative(s)

a recovery plan, and a list of employees included in the Work-Sharing unit.

Once a Work-Sharing application is approved, the agreement must be signed within 60 calendar days following the approval date.

Appendix A

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COVID-19 Work-Sharing Program

More information about the Work-Sharing Program:

Work-Sharing Program: Temporary special measures for the downturn in business due to COVID-19

https://www.canada.ca/en/employment-social-development/services/work-sharing/temporary-measures-forestry-sector.html

https://www.canada.ca/en/employment-social-development/services/work-sharing/guide-applicant.html#ha

Apply at:

https://www.canada.ca/en/employment-social-development/services/work-sharing/apply.html

Western Canada and Territories must submit their applications to

[email protected]

Contact Information:

Employers across Canada may call toll-free 1-800-367-5693 (TTY: 1-855-881-9874)

Employees across Canada may call toll-free:

English: 1-800-206-7218 (TTY: 1-800-529-3742)

French: 1-800-808-6352 (ATS: 1-800-529-3742)

The information contained in this document is not a substitute for legal advice. The organizations named do not accept responsibility for client’s decisions and action.

Appendix A

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Things to Consider Before a Staff Layoff

Decisions around layoffs are never easy, and the pressing decisions facing our organizations today as we respond to the COVID-19 crisis are putting many into the position of laying off employees that they had no intention of parting ways with prior to this epidemic.

This list of considerations is meant for Boards of Directors, Executive Directors/CEO’s, managers and HR professionals facing the tough decision of making staff reductions in the days ahead.

Know Your Options

☐Who are my employees? Full time permanent, contract staff, hourly rates employees, etc.

☐ Check with your funders to ensure that agreements/scheduled grant payments are not beingaffected, and if they are offering emergency funding to help their organizations cope with theimpacts.

☐ Do they have a signed contract of employment? If so, what does it say?

☐ How long has the employee worked with our organization?

☐ Is there an opportunity for my organization and the employee to participate in the Work-Share Program?

☐ How many employees are we laying off? If as many as 50 within a four-week period, wemust inform the Government of Alberta and fill out required forms.

☐Will there be a possibility of recalling these employees?

☐ If you are reducing work hours, are there legal and financial implications to shiftingemployees from salary to hourly that you need to be aware of?

☐What is the tentative last day of work?

☐ Consult a lawyer or human resources professional.

What Supports Can You Provide

☐ Letter of recommendation and networking connections with other organizations orbusinesses that may be seeking their expertise.

☐ If the employee uses organization-provided assets such as a laptop or cell phone, consider ifyou have flexibility to allow them to use those items for a short time while they get their owndevices set up.

☐ Provide fact sheets and resources for accessing and applying for employment insurancebenefits and other financial relief options being made available.

Appendix B

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Things to Consider Before a Staff Layoff

☐ Consider if your organization and benefits provider allows for/can afford continuance ofhealth benefits during this time.

The Human Element

☐While many offices are closed down and in-person meetings are cancelled, do try to meetwith your employees face to face via video chat if possible for your layoff notice, audio onlyas a second choice. Wherever possible, email and formal letters should be a follow-up to akind and considerate human conversation.

☐ Go back to your Mission and Vision statements as an organization, and allow those valuesto give perspective to the decisions you are making and how you’re going to address yourteam in the days and weeks ahead.

☐ Empathy is the key word when considering lay-offs, the attitude of a leader is moreimportant than words written on a letter. Being willing to help by offering support throughletters of recommendation, providing information sheets on government programs forfinancial assistance, being accessible for phone calls or emails will all go a long way inwalking the talk and reinforcing your organizations core values.

Appendix B

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Employee Termination Checklist

Employee Name: _____________________________________ Date: ___________________

Reason for Termination: ________________________________________________________

Return of company property

☐ Keys to buildings, vehicles and otherproperty

☐ Vehicles

☐ Company credit cards

☐ Company ID cards or badges

☐ Electronic access cards or securitypasses

☐ Cellphones and laptops

☐ Passwords

☐ Uniforms and clothing

☐ Tools or equipment

☐ Reference materials (files and manuals)

☐ Other _______________________

Payout of compensation

☐Wages

☐ General holiday pay

☐ Vacation pay

☐ Expenses and petty cashreimbursements

☐ Severance pay

☐ Overtime pay

☐ Commissions

☐ Bonus payments

☐ Repayment of advances

☐ Balance of loans

☐ Payment in lieu of notice

☐ Other _______________________

Items to cancel or disable

☐ Company credit cards

☐ Telephone authorization codes

☐ Signing authority

☐ Petty cash authority

☐ Electronic access cards

☐ Telephone lines

☐ Paid utilities at employee’s home, i.e.internet connection

☐ Passwords for shared computer accountsand networks

☐ Employee’s entry in payroll system

☐ Paid subscriptions

☐ Memberships in professionalorganizations

☐ Employee’s inclusion on distribution andtelephone lists

☐ Other _______________________

Other administrative tasks

☐ Complete Record of Employment

☐ Notify human resources of employee’seffective departure date

☐ Notify network administrator ofemployee’s effective departure date

☐ Provide an address update form to fill outif the employee moves

☐ Verify emergency contact details

☐ Communicate departure to other staff

☐ Other ______________________

The items on this checklist were provided from a Government of Alberta document.

Appendix C

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TEMPORARY LAYOFF

[xx], 2020

Personal & Confidential

[Name] [Address] [City, AB] [Postal Code]

Dear [first name],

RE: Employment Status – Temporary Layoff

We regret to inform you that due to economic and industry forces beyond our control, it has become necessary to temporarily lay off your position.

The effective dates of your temporary layoff are [beginning date] through [ending date], which classifies this as a temporary layoff as defined by Sections 62-64 of the Alberta Employment Standards.

If your contact information changes during this time period, please inform [contact name] at [contact information], as we may need to contact you regarding changes to your layoff status.

During your working notice, we will continue to provide health insurance coverage. Your health insurance coverage will terminate effective your last working day, [date].

The following company property must be returned by [return date]: • [list]

Thank you for your contributions to [company name]. Should you have any questions relating to the foregoing, please do not hesitate to contact me.

Sincerely,

[Name] [Title]

Enclosures Alberta Employment Standards Code, Sections 62-64

Appendix D

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Enclosure - Alberta Employment Standards Code, Sections 62-64 Layoff and Recall

Temporary layoff 62(1) An employer who wishes to maintain an employment relationship without terminating the employment of an employee may temporarily lay off the employee only by giving the employee a written layoff notice.

(2) Unless a collective agreement provides otherwise, a layoff notice must be given to the employee(a) at least one week prior to the date that the layoff is to commence, if the employee has been

employed by the employer for less than 2 years,(b) at least 2 weeks prior to the date that the layoff is to commence, if the employee has been employed

by the employer for 2 years or more, or(c) if unforeseeable circumstances prevent an employer from providing the notice in accordance with

clause (a) or (b), as soon 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 the regulations.

RSA 2000 cE-9 s62;2017 c9 s43

Termination pay after temporary layoff 63(1) The employment of an employee who is laid off for one or more periods exceeding, in total, 60 days within a 120-day period is deemed to have been terminated unless

(a) during the layoff the employer, by agreement with the employee,(i) pays the employee wages or an amount instead of wages, or(ii) makes payments for the benefit of the laid-off employee in accordance with a pension or

employee insurance plan or similar plan,or (b) there is a collective agreement binding the employer and employee containing recall rights for

employees following layoff.

(2) When payments under subsection (1)(a) cease or recall rights under subsection (1)(b) expire, theemployment of the employee terminates, and termination pay is payable.

RSA 2000 cE-9 s63;2017 c9 s43

Recall 64(1) An employer may request an employee to return to work by providing 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 of the date the recall notice is served on

the employee.

(3) If an employee fails to return to work within 7 days of being served with the recall notice, the employeeis not entitled to termination notice or termination pay if the employer decides to terminate the employee’semployment as a result of the employee’s failure to return to work in accordance with the notice.

(4) Subsection (3) does not apply to an employee bound by a collective agreement containing recall rightsfor employees following a layoff.

RSA 2000 cE-9 s64;2017 c9 s43

Appendix D

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PERMANENT LAYOFF

[xx], 2020

Personal & Confidential

[Name] [Address] [City, AB] [Postal Code]

Dear [first name],

RE: Employment Status – Temporary Layoff

We regret to inform you that due to economic and industry forces beyond our control, it has become necessary to lay off your position. This layoff should be considered permanent.

As per Alberta Employment Standards, this letter is to inform you of your layoff effective [date], which reflects [amount] week(s) working notice.

During your working notice, we will continue to provide group insurance coverage. Your health insurance coverage will terminate effective your last working day, [date].

We want you to know that this layoff is not related to individual performance. You have been a dedicated, contributing employee during your tenure with [company name].

The following company property must be returned by [return date]: • [list]

Thank you for your contributions to [company name]. Should you have any questions relating to the foregoing, please do not hesitate to contact me. My best wishes for success in your future endeavors.

Sincerely,

[Name] [Title]

Enclosures Alberta Employment Standards Code, Sections 62-64

Appendix E

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Enclosure - Alberta Employment Standards Code, Sections 62-64 Layoff and Recall

Temporary layoff 62(1) An employer who wishes to maintain an employment relationship without terminating the employment of an employee may temporarily lay off the employee only by giving the employee a written layoff notice.

(2) Unless a collective agreement provides otherwise, a layoff notice must be given to the employee(a) at least one week prior to the date that the layoff is to commence, if the employee has been

employed by the employer for less than 2 years,(b) at least 2 weeks prior to the date that the layoff is to commence, if the employee has been employed

by the employer for 2 years or more, or(c) if unforeseeable circumstances prevent an employer from providing the notice in accordance with

clause (a) or (b), as soon 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 the regulations.

RSA 2000 cE-9 s62;2017 c9 s43

Termination pay after temporary layoff 63(1) The employment of an employee who is laid off for one or more periods exceeding, in total, 60 days within a 120-day period is deemed to have been terminated unless

(a) during the layoff the employer, by agreement with the employee,(i) pays the employee wages or an amount instead of wages, or(ii) makes payments for the benefit of the laid-off employee in accordance with a pension or

employee insurance plan or similar plan,or (b) there is a collective agreement binding the employer and employee containing recall rights for

employees following layoff.

(2) When payments under subsection (1)(a) cease or recall rights under subsection (1)(b) expire, theemployment of the employee terminates, and termination pay is payable.

RSA 2000 cE-9 s63;2017 c9 s43

Recall 64(1) An employer may request an employee to return to work by providing 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 of the date the recall notice is served on

the employee.

(3) If an employee fails to return to work within 7 days of being served with the recall notice, the employeeis not entitled to termination notice or termination pay if the employer decides to terminate the employee’semployment as a result of the employee’s failure to return to work in accordance with the notice.

(4) Subsection (3) does not apply to an employee bound by a collective agreement containing recall rightsfor employees following a layoff.

RSA 2000 cE-9 s64;2017 c9 s43

Appendix E

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Employment Insurance (EI) Sickness Benefits – COVID-19

Sickness Benefits are part of the Employment Insurance program. In response to the COVID-19 situation, Service Canada is waiving the one-week waiting period for its Employment Insurance sickness benefits for those quarantined due to COVID-19. The benefit provides up to 15-weeks of financial assistance up to a maximum of $573 per week.

Quarantined individuals are not required to provide a medical certificate and should apply directly online: https://www.canada.ca/en/services/benefits/ei/ei-sickness/apply.html.

Service Canada has also setup a dedicated phone line for quarantined individuals who have ready applied and would like to have the waiting period waived.

Telephone: 1-833-381-2725 (toll-free)

Teletypewriter (TTY): 1-800-529-3742

What are EI sickness benefits?

EI sickness benefits provides eligible employees with up to 15 weeks of financial assistance if you cannot work for medical reasons such as illness, injury, quarantine or any medical condition that prevents you from working. You must get a medical certificate to show you are unable to work for medical reasons.

How do you qualify?

To qualify, you need to demonstrate that:

you are unable to work for medical reasons your regular weekly earnings from work have decreased by more than 40% for at least

one week you have accumulated 600 insured hours* of work in the 52 weeks before the start of

your claim or since the start of your last claim, whichever is shorter

*Example: 600 hours are equivalent to 20 weeks of work at 30 hours a week.

While you are receiving sickness benefits, you must remain available for work if it weren’t for your medical condition.

If you received Employment Insurance (EI) benefits in the past 52 weeks, you may not be eligible to receive the maximum number of weeks of sickness benefits.

However, if you've worked 600 hours since your last claim, you could start a new claim.

How much will you receive?

You could receive 55% of your insurable earnings* up to a maximum of $573 a week. The number of weeks of benefits you get depends on how long you’re unable to work for medical reasons.

Appendix F

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Employment Insurance (EI) Sickness Benefits – COVID-19

Some employers provide additional money to employees on sick leave. This is called a top-up. Check with your employer to find out if they offer a top-up.

How to apply

To apply, please visit https://www.canada.ca/en/services/benefits/ei/ei-sickness/apply.html.

Apply as soon as possible after you stop working. If you wait more than 4 weeks after your last day of work to apply, you may lose benefits.

When will you start receiving these benefits

You'll receive your first payment about 28 days after you apply if you're eligible and have submitted all required information.

The information contained in this document is not a substitute for legal advice. The organizations named do not accept responsibility for client’s decisions and action.

Appendix F

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Employment Insurance Information Fact sheet

Am I entitled to Employment Insurance (EI) benefits?

You may be entitled to receive regular EI benefits if you:

have paid premiums into your EI account lost your employment through no fault of your own. have been without work and without pay for at least seven consecutive days in the last

52 weeks; have worked for the required number of insurable hours in the last 52 weeks or since the

start of your last EI claim, whichever is shorter. are ready, willing, and capable of working each day, and are actively looking for work

(you must keep a written record of employers you contact, including when you contactedthem).

You may not be entitled to receive EI regular benefits if you:

voluntarily left your employment without just cause were dismissed for misconduct are unemployed because you are directly participating in a labour dispute (strike,

lockout, or other type of dispute)

Do I need to apply to receive Employment Insurance regular benefits?

Yes, you must apply for EI benefits, as Service Canada first needs to determine whether you are entitled to benefits.

When should I apply?

You should apply as soon as possible once you have stopped working, even if your employer has not issued your Record of Employment (ROE) yet. You should know that if you delay applying for benefits beyond four weeks after your last day of work, you risk losing benefits.

How do I apply for Employment Insurance regular benefits?

You can apply in person at a Service Canada Centre or complete your application at www.servicecanada.ca. To locate a Service Canada Centre where you live, call 1-800-622-6232.

To complete your application, you will need:

your Social Insurance card, a second piece of identification, with your photo (e.g., passport, driver’s licence) your record of employment (ROE) from every place you have worked in the past twelve

months, pay stubs, and T-4 slips.

Appendix G

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Employment Insurance Information Fact sheet

When will I start to receive Employment Insurance regular benefits?

If all the received information is submitted and you are entitled to receive EI benefits, your first payment should be issued within 28 days of the date your application for benefits was received.

If you started a new EI claim within the last 52 weeks and there are still weeks payable on the claim, Service Canada will automatically reactivate your existing claim. However, you should contact Service Canada to see whether the second new claim would be more advantageous.

How much will I get?

For most people, the basic rate for calculating EI benefits is 55% of your average insurable weekly earnings, up to a maximum amount. As of January 1, 2020, the maximum yearly insurable earnings amount is $54,200. This means that you can receive a maximum amount of $573 per week.

What is the two-week waiting period?

Before you start receiving EI benefits, there are two weeks for which you will not be paid. The waiting period is like the deductible that you must pay for other types of insurance.

You usually serve the waiting period at the very beginning of a benefit period, unless you receive earnings during this two-week period. In that case, the waiting period will start during the first week for which you would otherwise be entitled to benefits.

For how long will I receive Employment Insurance regular benefits?

You may receive EI regular benefits for a period ranging from 14 to 45 weeks. The number of weeks of benefits depends on the unemployment rate in your region and on the number of hours of insurable employment that you accumulated during your qualifying period, which is usually the last 52 weeks before the start date of your claim.

*Please be aware that due to the current situation regarding COVID-19, changes are constantlybeing made to EI payments and reporting, hence keep updated through the service Canada EIwebpage* https://www.canada.ca/en/services/benefits/ei.html.

The information contained in this document is not a substitute for legal advice. The organizations named do not accept responsibility for client’s decisions and action.

Appendix G