Guidance for employee ROE when vaccination refusal is a factor

October 22, 2021

With the introduction of COVID-19 vaccines and vaccine policies over the past few months, a number of clients have inquired about how to fill out an employee’s Record of Employment when refusal to comply with vaccine mandates is the reason for suspension or termination.

Employment and Social Development Canada recently issued guidance on this matter:

Block 16 should indicate the reason for the employee’s leave or separation from employment, or the reason why the ROE is being issued. Don’t add comments unless absolutely necessary.

When the employee is no longer working because the business has decreased operations or closed due to COVID-19, use code A (shortage of work).

When the employee is sick or quarantined, use code D (illness or injury).

COVID-19 vaccination
When the employee doesn’t report to work because they refuse to comply with your mandatory COVID-19 vaccination policy, use code E (quit) or code N (leave of absence).

When you suspend or terminate an employee for not complying with your mandatory COVID-19 vaccination policy, use code M (dismissal).

If you use these codes, we may contact you to determine:

  • if you had 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
  • if there were any exemptions for refusing to comply with the policy
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The bulletin and other information can be found on this government web page: 
https://www.canada.ca/en/employment-social-development/programs/ei/ei-list/ei-roe.html

It is my opinion, shared by many others in the employment law community, that there is a strong possibility the claimant will be denied Employment Insurance when terminated for declining to be vaccinated.

I hope you find this information helpful. Please contact me with any questions you may have or for assistance working through your employment and labour law matters.