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Employee Resignation, Notice Period Payout & Group Benefit Continuance Obligations
Ask the Expert › Employee Resignation, Notice Period Payout & Group Benefit Continuance Obligations
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Nola Fleck asked 2 years ago
Nola Fleck replied 2 years ago

Jurisdiction – Manitoba, SK Canada. Employee resigns and provides 3 weeks notice. Employer chooses to payout provided notice period and advises employee they are not required to continue reporting for work. (Note: 3 week period meets legislated ESA pay in lieu of notice required). QUESTION; What is the legal last day of employment for the employee – the last day actively worked or the last day of the notice period … also what is the employer’s obligation for continued group benefit plan coverage in this case?

2 Answers
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Glenn Demby answered 2 years ago
Great. I'm going to run this by our payroll expert and I'll pass along his response as soon as I get it. 
Nola Fleck replied 2 years ago

Thank you!

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Glenn Demby answered 2 years ago
The end of employment in all three jurisdictions is the last day covered by the employee notice. For example, if this employee’s notice ends April 30, then that is the last day in the employment period. In other words, that should be the last day for which paid, reported in Block 11 on the ROE. In Manitoba, its explicit that during the notice period, the employer may not alter the terms and conditions of employment. However, that’s a general rule that would also apply in Saskatchewan and under the Canada Labour Code.
Nola Fleck replied 2 years ago

Thank you!