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Hi,
We have an upcoming termination of a long-term employee and are contemplating salary continuance for a year to connect with the non-compete of a similar duration. We have been advised that we have to issue payment in a lump sum for the notice period and then the salary continuance will commence at the end of that notice period. Not sure how we would reflect this in an ROE? Can we not just pay the notice period as salary continuance as well or does it have to be a separate? The employee would of course be signing the release document for this to occur.
Thanks,
This answer comes from our payroll expert, Alan McEwan, to whom I referred your Q. I hope it helps. Glenn
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The real issue here is when will the employment end? At the end of the “salary continuance” or a when separation agreement is reached.
This decision has both source deduction and Record of Employment reporting consequences.
The simplest thing is to treat the 1-year period as inactive employment, i.e. the person is getting paid what they would, but is not expected to work.
The year would constitute the notice period, no termination pay would be owing and an ROE would only be issued at the end of the year.
The downside of this is that the person would still be an employee, entitled to benefits, including potentially vacation pay.
If the employer wishes to severe the employment relationship immediately, then yes, the termination pay owing under the Alberta employment standards would have to be paid as a lump sum within 10 days. However, the “salary continuance” would be a series of retiring allowance payments, meaning no CPP, no EI and no benefits. A single ROE could be produced showing the sum of the retiring allowance payments to be made over the year in Block 17.