When is an employer obligated to issue a record of employment?

Question: When is an employer obligated to issue a record of employment?

Answer: A record of employment must be issued within five calendar days of the interruption of earnings or the date the employer becomes aware of the interruption. An interruption of earnings occurs when an employee resigns from her job, is laid off or dismissed, or (with certain exceptions) has had, or is anticipated to have, seven consecutive calendar days without both work and insurable earnings from the employer.

It should be noted that an interruption of earnings may also occur where the employee’s salary falls below 60 per cent of her normal weekly earnings due to illness, injury, quarantine, pregnancy or the need for a parent to care for either newly born or adopted children.

Peter Israel is the head of Goodman and Carr LLP’s Human Resource Management Group. He can be reached at (416) 595-2323 or pisrael@goodmancarr.com.

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