The seven days without work and without earnings referred to in the regulations are not fulfilled when the lay-off is intended to be less than seven calendar days (FCA A-625-90CUB 18250CUB 16277). There is an exception where an employer issued the ROE based on a reasonable expectation that the lay-off would be for seven or more days, even if the claimant returned to work before the seven days (Digest 2.1.3). Work performed for a different employer during the seven-day period does not prevent the interruption of earnings.

A change from full-time to part-time employment is not enough to meet the seven-day requirement (CUB 66921), unless it results in a break of seven or more consecutive days without work and without earnings. Continuous part-time employment with duties performed every week will prevent an interruption of earnings (FCA A-475-05CUB 72923 CUB 49383), unless of course there is a period of no work or earnings for seven or more consecutive days. Equally, there is no interruption of earnings in the case where a claimant continues to work on the weekends for the same employer, after being laid-off from full-time employment (CUB 66921).

Where the part-time employment is such that the employer only hires the services of a worker for alternate weeks; that is, one week of normal fulltime work followed by a week of no work, it is considered that an interruption of earnings occurs at the end of every week worked. The determination of whether a claimant in this situation will in fact receive benefits may be considered under other provisions of the act.

An interruption of earnings does not occur where a claimant is no longer being paid wages for the off-season but nevertheless continues to perform certain work, or to have the use of living quarters or board that amount to earnings (FCA A-307-06CUB 65896FCA A-963-88CUB 15703FCA A-559-89CUB 17293).

The concept of the number of hours worked is relevant for specific provisions of the act and regulations, such as insurability, entitlement conditions, and the number of weeks of benefits payable. It is not, however, relevant to determining if an interruption of earnings occurs. The definition of days, for the purpose of determining whether an interruption of earnings occurs is seven complete and consecutive days (from 12 a.m. to 11:59 p.m.) with no work and no earnings.

Source: 2.2.2 Seven day requirement

Exceptions to the seven day rule… (next page)