Record of Employment (ROE): what it is and when you must file it

An ROE is how Service Canada decides whether your former employee gets EI, how much, and for how long. Filing it is the employer’s job, and the deadline is short.

What a Record of Employment is

A Record of Employment, or ROE, is the form an employer files whenever an employee stops earning. It records who the person was, how long they worked, what they earned in insurable hours and dollars, and why the employment ended.

It goes to Service Canada, not to CRA. That trips up a lot of owners, because almost everything else in payroll is a CRA matter. Service Canada uses the ROE to determine whether the person qualifies for Employment Insurance, what their weekly benefit will be, and how many weeks they can claim. It is also the single most common reason an EI claim stalls.

You file one whether or not the employee asks for it, and whether or not you think they will claim EI. That decision is not yours to make.

What counts as an interruption of earnings

The trigger is not resignation or dismissal specifically. It is an interruption of earnings, which happens in two situations.

The first is the seven-day rule. An interruption occurs when an employee has seven consecutive calendar days with no work and no insurable earnings from you. That covers quitting, dismissal, a layoff, the end of a contract, and the end of a season.

The second has no waiting period. If an employee’s weekly earnings drop below sixty per cent of their normal weekly earnings because of illness, injury, quarantine, pregnancy, caring for a newborn or newly adopted child, or providing care to a critically ill family member, that is an interruption of earnings straight away.

The deadlines are shorter than most employers expect

If you file electronically through ROE Web, you have five calendar days after the end of the pay period in which the interruption occurred. Note what that is measured from: the end of the pay period, not the employee’s last day. Monthly and thirteen-pay-period payrolls follow a different rule, so check your own case.

Paper ROEs are tighter. They are due within five calendar days of the interruption of earnings itself.

Electronic filing has one practical advantage worth knowing. The ROE goes straight to Service Canada, so you do not have to give the employee a copy, and there is nothing for them to lose or forget to submit.

Block 16: the reason code

Block 16 is where you state why the employment ended, using a code set by Service Canada. It matters more than any other field, because some codes lead Service Canada to investigate before paying benefits. Coding a layoff as a quit, or a quit as a dismissal, can delay or deny someone’s claim and can bring questions back to you.

The codes used most often are these.

CodeReason for issuing the ROE
AShortage of work, or the end of a contract or season
BStrike or lockout
DIllness or injury
EThe employee quit
FMaternity
GRetirement
HWork-sharing
JApprenticeship training
KOther, which requires an explanation in the comments
MDismissal or suspension
NLeave of absence
PParental
ZCompassionate care or family caregiver leave

Code K is a last resort, not a shortcut. Using it obliges you to explain the circumstances, and an unexplained K invites a call from Service Canada.

Where the numbers usually go wrong

The two fields that cause the most trouble are insurable hours and insurable earnings. Both have to reflect what was actually insurable, which is not always the same as what you paid. Vacation pay, statutory holiday pay, and severance are all reported, but in specific blocks and on specific rules, and getting them into the wrong field changes the benefit calculation.

The other frequent error is the final pay period date, particularly when someone leaves partway through a period. If the ROE says the employment ended on a date your payroll records contradict, the claim stops while it is sorted out.

This is one of the arguments for having payroll and bookkeeping in the same system. When the ROE is produced from the same records that ran the payroll, the insurable figures reconcile by construction. If your payroll lives in one place and your books in another, someone has to reconcile them under a five-day deadline.

Keeping records

Keep your copy, and the payroll records behind it, for six years. Service Canada can ask for supporting detail well after a claim, and an employee can request a copy of a past ROE.

Common questions

Who issues a Record of Employment?

The employer. You file it whether or not the employee asks for it and whether or not you expect them to claim Employment Insurance. It goes to Service Canada, not to CRA.

When is a Record of Employment due?

If you file electronically through ROE Web, within five calendar days after the end of the pay period in which the interruption of earnings occurred. Paper ROEs are due within five calendar days of the interruption itself. Monthly and thirteen-pay-period payrolls follow a different rule.

What is an interruption of earnings?

Either seven consecutive calendar days with no work and no insurable earnings, or a drop below sixty per cent of normal weekly earnings because of illness, injury, quarantine, pregnancy, caring for a newborn or newly adopted child, or caring for a critically ill family member.

Do I have to give the employee a copy?

Not if you file electronically. Electronic ROEs go directly to Service Canada, so there is no paper copy for the employee to submit or lose. Paper ROEs do require giving the employee their copy.

What does Block 16 mean on an ROE?

Block 16 is the reason you are issuing the ROE, entered as a code set by Service Canada. Code A is a shortage of work or end of contract, E is a quit, M is dismissal, D is illness or injury, and K is other, which requires an explanation.

How long should I keep a Record of Employment?

Six years, along with the payroll records supporting it. Service Canada can request supporting detail after a claim, and former employees can ask for a copy.

Sources

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