Does a 5-week leave trigger Cal-WARN notice?

Although an employer may view a five-week break in work as minimal, a worker who is living paycheck to paycheck may not. The California Legislature did not include in the California Worker Adjustment and Retraining Notification Act (Cal-WARN) the federal Worker Adjustment and Retraining Notification Act's (WARN Act) rule that a 60-day notice is triggered only when a layoff is for more than six months. Relying on the plain language of the term "layoff" in the California statute, the court of appeal held in the following case that when an employee is separated from his "position" (not "employment"), even if the layoff lasts for only five weeks, Cal-WARN requires a notice of the temporary layoff.

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