June 11, 2003 by Israel Foulon LLP
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 senior partner in the Toronto law firm of Israel Foulon LLP – Employment and Labour Lawyers. He can be reached at 416-640-1550 or pi@qtw38575.mywhc.ca. A version of this article originally appeared in the Carswell publication, Canadian Employment Law Today