The seven-day rule for an interruption of earnings does not apply in the following cases.

Real estate agents: An interruption of earnings occurs only when a real estate agent’s licence is surrendered, suspended, or revoked, unless the employee stops working because of illness, injury, quarantine, pregnancy, the need to care for a newborn or a child placed for the purposes of adoption or the need to provide care or support to a family member who is critically ill. In other words, if employees stop working for any other reason, such as a leave of absence or a vacation, they do not experience an interruption of earnings as long as the contract continues. For more information on how to complete ROEs for real estate agents, see Real estate agents in Section 3.

Employees who have non-standard work schedules (also referred to as lay days): Some employers have agreements with their employees for schedules that allow for alternating periods of work and leave. Some employees, like firefighters, health-care workers, and factory workers, have non-standard work schedules. Even though these types of employees do not have scheduled work for seven consecutive days or more, they do not experience an interruption of earnings.

If the employee has been terminated and is entitled to a period of leave under an employment agreement to compensate for extra hours (time) worked within an established work pattern, explain in Block 18 of the ROE the period of leave they are entitled to and their work pattern.

Examples
A firefighter works for four consecutive 24-hour days (96 hours of insurable work) and then has 10 consecutive days off. In this situation, even though the firefighter has no work for more than seven consecutive days, it is considered that he continues to be employed during the 10 day leave period. Therefore, there is no interruption of earnings.

A miner works for 14 consecutive 12-hour days (168 hours of insurable work) and then has seven consecutive days off. In this situation, even though the miner has no work for seven consecutive days, it is considered that he continues to be employed during the seven day period. Therefore, there is no interruption of earnings.

Commission salespeople: For employees whose earnings consist mainly of commissions, an interruption of earnings occurs only when the employment contract is terminated, unless the employee stops working because of illness, injury, quarantine, pregnancy, the need to care for a newborn or a child placed for the purposes of adoption or the need to provide care or support to a family member who is critically ill. In other words, if the employee stops working for any other reason, such as a leave of absence or a vacation, they do not experience an interruption of earnings as long as the contract continues. For more information on how to complete ROEs for commission salespeople, see Commission salespeople in Section 3.




Source: Canada.ca ROE guide