Use Case:
Code M (Misconduct) Used For Administrative Leave Without Pay (LWOP)
Resulting in Denial of Employment Insurance Benefits
during the Vaccination Mandate.

"I contest the decision of my employer to put me on leave without pay as of February 8, 2022 due to non-compliance with the employer's vaccination policy, which my employer classified as code M for misconduct on my Record of Employment. "

Manager's Response to the Grievance: "... all employers were instructed. .. to use Code M for all employees..."

"I believe that the [NAME OF THE DEPARTMENT] is acting in accordance with the requirements of the Policy on COVID-19 Vaccination for the Core Public Administration Including the Royal Canadian Mounted Police, which came into effect on October 6, 2021. The policy was issued pursuant to sections 7 and 11.1 of the Financial Administration Act, and applies to all employees of the core public administration, and includes indeterminate employees, determinate employees, members and reservists of the Royal Canadian Mounted Police, internationally based public service employees, casual workers, and students, whether they work on-site or telework.

Your were informed of the requirements of the Policy and given that the duty to accommodate did not apply, as per the Policy, you were provided until [ DATE ] to comply with the Policy or be placed on administrative LWOP. Seeing as you did not comply with the Policy by [ DATE ] , you were placed on administrative LWOP. Therefore, I am confident that the employer’s decision to place you on administrative LWOP was completed in accordance with the requirements of the Policy.

In regards to your Record of employment (ROE), all employers were instructed by Employment and Social Development Canada to use the code M on records of employment for all employees suspended for not complying with the mandatory COVID-19 vaccination policy and to put “Leave due to non compliance with the employer’s vaccination policy, please treat as Code M” in the comment section. There is no mention of misconduct in your ROE and this was the correct code to be used regarding this situation. I am confident this was an administrative measure based on your vaccination status and not a disciplinary one.

Interview with J4EI

Investigating the Use and Legality of Code M (Misconduct) for Administrative LWOP During the Vaccination Mandate

Part 1

Part 2

Part 3

Part 4: Q&E, Next Steps for the Use Case

Q & A

Question:

We have many members who received Code M (for Misconduct) when they put on administrative LWOP for non-compliance with Vaccination Mandate, and then denied EI as a result.

Can you explain how this situation could have occurred, whether the employer may have violated any legal or procedural requirements, and what steps members can take to seek justice, transparency, and accountability from their employer, their union, and Service Canada (including ESDC and EI)?

Response from J4EIM:

Knowingly putting a False Reason Code on an ROE is potentially a Criminal Offence. The warnings about this are everywhere, on all the relevant government documentation, including the ROE itself in Box 22. (see below) If they knew that I was on an Approved Administrative Leave of Absence ['N'] – and still employed – and instead Certified that I was 'Dismissed or Suspended' ['M'] (without any Disciplinary proceedings) anyways, Why?

I cannot read their minds to determine their Intent – nor am I implying any – but my ROE clearly contains a Code that the Issuer knew was wrong – and they Certified it (legally swore to its accuracy) anyways...

This raises serious issues that need to be considered [or further investigated]. If there was 'intent to deceive' this is a Criminal Offence. If not, then why did they knowingly Certify an incorrect Reason Code, considering all the warnings? Could that be deemed negligence considering the all following?

CC §398: 'Falsifying Employment Record'

https://laws-lois.justice.gc.ca/eng/acts/c-46/section-398.html

"§398: Every one who, with intent to deceive, falsifies an employment record by any means, including the punching of a time clock, is guilty of an offence punishable on summary conviction."

And Box 22 on all ROEs says: (ROE Image)

"I am aware that it is an Offence to make False Entries and hereby Certify that All Statements on this Form are True."

And the ROE Guide says: (Box 16 & Box 22)

Reasons [List]: https://canada.ca/en/employment-social-development/programs/ei/ei-list/reports/roe-guide.html#h2.2-3.17

Box 16: "It is a serious Offence to misrepresent the reason for issuing an ROE. [(i.e. in Box 16)] If you knowingly enter a false or misleading reason for issuing an ROE, you may be subject to fines or prosecution. Knowingly means fully aware, 'with full knowledge of the facts'."

Code N – Leave of Absence: "Use Code 'N' when the employee is leaving the workplace temporarily to take a leave of absence. For example, if the employee is taking any period of unpaid leave."

Code M – Dismissal or Suspension: "Use Code 'M' when the employer initiates the separation from employment for any reason other than layoff or mandatory retirement (that is, the employee is leaving the workplace because he or she has been Dismissed by the employer). Also use this code when the employee is Suspended from their employment."

Box 22: "In this block, the person who is completing the ROE knowingly certifies that the information on the ROE is correct."

This is why Box 16 has an option for 'Further Info Contact': If the HR/Payroll staff submitting the ROE are not "fully aware, with full knowledge of the facts" they must specify someone who is, who can answer mandatory questions when SC/EI Investigators call – which is required for all 'M' Codes.

And lastly, because of all the confusion during the pandemic, ESDC issued special guidance called:

ROEs during COVID-19 (Original: 2021-10-15 & Final: 2024-11-08)

https://web.archive.org/web/20241126215225/https:/www.canada.ca/en/employment-social-development/programs/ei/ei-list/ei-employers.html#h2.02

Block 16: Reason for Issuing this ROE: 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)" (Bold in Original on ESDC Site)

Code 'M' can only be used for 'Dismissal or Suspension', which are not 'Administrative' issues.

~ J4EIM

Next Steps: What You Can Do About It

For members affected by a Code M (Misconduct) issued in connection with administrative LWOP, the end of this series is not an endpoint. It is a transition from understanding the issue to acting on it. The following steps focus on fact-finding, accountability, and institutional clarity, not confrontation.

With Your Employer: Establish the Documentary Record

The first priority is to understand how and why Code M was assigned in your specific case.

Members can file Access to Information and Privacy (ATIP) requests to obtain:

Internal HR, Labour Relations, and Payroll communications
Guidance documents, decision trees, or templates used during the vaccination mandate period
Emails or instructions referencing ROE coding for administrative LWOP
Any legal opinions or policy interpretations relied upon
Records identifying who authorized and certified the ROE

The objective is not speculation about intent, but evidence of process:

Who made the decision
On what basis
Using which guidance
With what level of awareness of ROE requirements

This documentation is essential for any subsequent review, correction request, grievance, or external inquiry.

With ESDC / Service Canada: Question the System, Not Just the Outcome

Many members understandably focus on the EI denial decision itself. However, the deeper issue may lie upstream — in how ROEs were accepted, interpreted, or acted upon.

Members can seek clarity from ESDC and Service Canada on:

How ROEs with Code M for administrative LWOP were assessed
Whether pandemic-specific guidance on vaccination-related absences was applied consistently
What validation or verification steps are required when employers certify Code M
Whether systemic issues were identified across departments
What recourse exists when an ROE is later shown to be incorrectly coded

This is not limited to individual benefit entitlement. It is about process integrity in a system that relies heavily on employer-certified information.

With Your Union: Seek Recognition of the Structural Issue

For many members, union involvement stalled once EI was denied or once the issue was framed as an individual benefits matter. This series highlights why that framing is incomplete.

Members can approach their union to seek:

Formal acknowledgment that administrative LWOP coded as misconduct is a systemic issue
Clarification of what advice or guidance the union relied on during the mandate period
Disclosure of any discussions with employers or ESDC regarding ROE coding
Support in pursuing transparency, corrections, or policy review
Assistance for members choosing to self-represent, where applicable

Even where unions determine that traditional grievance paths are limited, recognition of the problem itself matters. Silence can unintentionally normalize practices that warrant scrutiny.

Why These Steps Matter

None of these actions require alleging wrongdoing. They require asking documented questions in systems that depend on documentation.

Justice, transparency, and accountability do not begin with conclusions — they begin with records.

This final episode, and this series as a whole, exists to ensure that affected members are no longer left navigating these questions alone, without language, structure, or reference points.

What happens next depends on what the records reveal — and on whether institutions are prepared to respond to what their own documents show.

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Use Case:Code M (Misconduct) Used For Administrative Leave Without Pay (LWOP) Resulting in Denial of Employment Insurance Benefits during the Vaccination Mandate.