If an employer wants to temporarily lay off an employee, they need to give the employee a written notice of the temporary layoff, which should include the expected date for the employee to return to work.

If the employer doesn't give this notice and still lays off the employee, it will be considered as the employer terminating the employee.

A temporary layoff can't be more than 45 days during a period of 60 consecutive days, but an Employment Standards Officer can extend the layoff if special circumstances justify it and the employee will be recalled.

If the employer lays off the employee for longer than the allowed period or the extension granted, it will be considered as a permanent layoff, and the employer will have to pay the employee termination pay.

NWT ESA s.42-43