56 (1) An employer terminates the employment of an employee for purposes of section 54 if, (a)  the employer dismisses the employee or otherwise refuses or is unable to continue employing him or her; (b)  the employer constructively dismisses the employee and the employee resigns from his or her employment in response to that within a reasonable period; or (c)  the employer lays the employee off for a period longer than the period of a temporary lay-off.  2000, c. 41, s. 56 (1). Temporary lay-off (2) For the purpose of clause (1) (c), a temporary layoff is, (a)  a lay-off of not more than 13 weeks in any period of 20 consecutive weeks; (b)  a lay-off of more than 13 weeks in any period of 20 consecutive weeks, if the lay-off is less than 35 weeks in any period of 52 consecutive weeks and, (i)  the employee continues to receive substantial payments from the employer, (ii)  the employer continues to make payments for the benefit of the employee under a legitimate retirement or pension plan or a legitimate group or employee insurance plan, (iii)  the employee receives supplementary unemployment benefits, (iv)  the employee is employed elsewhere during the lay-off and would be entitled to receive supplementary unemployment benefits if that were not so, (v)  the employer recalls the employee within the time approved by the Director, or (vi)  in the case of an employee who is not represented by a trade union, the employer recalls the employee within the time set out in an agreement between the employer and the employee; or (c)  in the case of an employee represented by a trade union, a lay-off longer than a lay-off described in clause (b) where the employer recalls the employee within the time set out in an agreement between the employer and the trade union.  2000, c. 41, s. 56 (2); 2001, c. 9, Sched. I, s. 1 (12). Definition (3) In subsections (3.1) to (3.6), “excluded week” means a week during which, for one or more days, the employee is not able to work, is not available for work, is subject to a disciplinary suspension or is not provided with work because of a strike or lock-out occurring at his or her place of employment or elsewhere.  2002, c. 18, Sched. J, s. 3 (23). Lay-off, regular work week (3.1) For the purpose of subsection (2), an employee who has a regular work week is laid off for a week if, (a)  in that week, the employee earns less than one-half the amount he or she would earn at his or her regular rate in a regular work week; and (b)  the week is not an excluded week.  2002, c. 18, Sched. J, s. 3 (23). Effect of excluded week (3.2) For the purpose of clauses (2) (a) and (b), an excluded week shall be counted as part of the periods of 20 and 52 weeks.  2002, c. 18, Sched. J, s. 3 (23). Lay-off, no regular work week (3.3) For the purposes of clauses (1) (c) and (2) (a), an employee who does not have a regular work week is laid off for a period longer than the period of a temporary lay-off if for more than 13 weeks in any period of 20 consecutive weeks he or she earns less than one-half the average amount he or she earned per week in the period of 12 consecutive weeks that preceded the 20-week period.  2002, c. 18, Sched. J, s. 3 (23). Effect of excluded week (3.4) For the purposes of subsection (3.3), (a)  an excluded week shall not be counted as part of the 13 or more weeks but shall be counted as part of the 20-week period; and (b)  if the 12-week period contains an excluded week, the average amount earned shall be calculated based on the earnings in weeks that were not excluded weeks and the number of weeks that were not excluded.  2002, c. 18, Sched. J, s. 3 (23). Lay-off, no regular work week (3.5) For the purposes of clauses (1) (c) and (2) (b), an employee who does not have a regular work week is laid off for a period longer than the period of a temporary lay-off if for 35 or more weeks in any period of 52 consecutive weeks he or she earns less than one-half the average amount he or she earned per week in the period of 12 consecutive weeks that preceded the 52-week period.  2002, c. 18, Sched. J, s. 3 (23). Effect of excluded week (3.6) For the purposes of subsection (3.5), (a)  an excluded week shall not be counted as part of the 35 or more weeks but shall be counted as part of the 52-week period; and (b)  if the 12-week period contains an excluded week, the average amount earned shall be calculated based on the earnings in weeks that were not excluded weeks and the number of weeks that were not excluded.  2002, c. 18, Sched. J, s. 3 (23). Temporary lay-off not termination (4) An employer who lays an employee off without specifying a recall date shall not be considered to terminate the employment of the employee, unless the period of the lay-off exceeds that of a temporary lay-off.  2000, c. 41, s. 56 (4). Deemed termination date (5) If an employer terminates the employment of an employee under clause (1) (c), the employment shall be deemed to be terminated on the first day of the lay-off.  2000, c. 41, s. 56 (5). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. I, s. 1 (12) - 4/09/2001 2002, c. 18, Sched. J, s. 3 (23) - 26/11/2002