On October 15, 2021, the Government of Canada updated its website by providing the following direction to employers in respect of the codes to be used in Block 16. This update provides additional guidance for employers issuing a records of employment (“ROE”) for employees during the COVID-19 pandemic, specifically with respect to employees who are placed on a leave or dismissed from employment because of their non-compliance with a mandatory COVID-19 vaccination policy.
This update lists three codes that an employer should use if an employee was placed on leave or dismissed from their employment due to reasons relating to their COVID-19 vaccination status:
- Where an employee doesn’t report to work because they refused to comply with the employer’s mandatory COVID-19 vaccination policy, employers should use code E (quit) or code N (leave of absence).
- When an employer suspends or dismisses an employee for not complying with their mandatory COVID-19 vaccination policy, employers should use code M (dismissal).
If employers use one of those codes, Employment and Social Development Canada (“Service Canada”) may contact the employer to determine:
- If the employer adopted and clearly communicated to all employees a mandatory COVID-19 vaccination policy;
- If the employees were informed that failure to comply with the policy would result in loss of employment;
- If the application of the policy to the employee was reasonable within the workplace context; and
- If there were any exemptions for refusing to comply with the policy.
Where an employee is placed on a leave of absence or is dismissed for their non-compliance with their employer’s mandatory COVID-19 vaccination policy, employers should be aware that Service Canada will likely deny the employee’s claim for EI benefits.
As always, we will continue to monitor all updates related to COVID-19 that are relevant for employers and promptly post about important new developments on our Resource Centre.
This blog is provided as an information service and summary of workplace legal issues.
This information is not intended as legal advice.