WARN Advisor
Can My Employer Extend the Notice?
Your employer can extend the notice when the date or schedule of dates of a planned plant closing or mass layoff is extended beyond the date stated in the WARN notice or beyond the ending date of any 14-day period announced in the original notice as follows:
- If the mass layoff or plant closing is postponed for less than 60 days, additional notice should be given as soon as possible and should include reference to the earlier notice, the new action date and the reason for the postponement. The notice does not need to be formal but should be given in a manner that will provide the information to you.
- If the postponement is for 60 days or more, you must receive a new WARN notice. Routine periodic notice, given whether or not a plant closing or mass layoff is impending, and with the intent to evade specific notice as required by WARN, is not acceptable.
Situations when notice may be extended are discussed in Section 639.10 of the WARN regulations and discussed in the Preamble to the 1989 Final Rule.