Saskatchewan Employment Law

Duration of Annual Leave –

• • • An employee who works with the same employer for more than a year and less than 10 years shall receive 3 weeks of annual leave upon completion of each year of employment; and
    • An employee who works for more than 10 years or more with the same employer shall receive 4 weeks of annual leave upon completion of each year of employment.

Manner of Taking Annual Leave – The employer must allow the employee to take annual leave within 12 months after the date on which the employee becomes entitled to it.

Taking Annual Leave in Parts – An employee is entitled to take annual leave in one continuous period unless they request shorter periods of at least a week at a time. Employees must receive approval from the employer in advance for each annual leave period. An employer may use a common date for calculating vacation entitlement of all employees, but only if this does not result in a reduction of any of the employee’s rights.

Requiring an Employee to Take Annual Leave – Employees and employers should negotiate when annual leave will be taken. If no agreement is reached, the employer can schedule the employee’s annual leave by giving the employee a written notice at least four weeks before the employee’s annual leave must begin. If the employee does not take an annual leave, the employee must get annual leave pay no later than 11 months following the date when the annual leave was earned.

Annual Leave Pay – All eligible full-time, part-time, casual, temporary, and seasonal employees (including those who have not worked a full year with the same employer) receive vacation pay so they are paid during this time off work. Employees are entitled to vacation pay when they take vacation.

• • • • • For the first 9 years of employment, vacation pay can be calculated by multiplying the employee’s wages for the given 12-month period by 3/52 (approximately 6%).
        • For tenure of 10 years and beyond, vacation pay can be calculated by multiplying the employee’s wages for the given 12-month period by 4/52 (approximately 8%).

Overtime and Holiday Pay are included for the purposes of calculating Annual Leave Pay

An employee who is entitled to a vacation but does not take that annual leave shall be paid annual leave pay not later than 11 months after the day on which the employee becomes entitled to the annual leave.

Annual Leave upon Termination of Employment – An employee is entitled to annual leave pay on the wages earned by the employee with respect to which the employee has not previously been paid action pay within 14 days upon termination of employment. The employee shall be paid the annual leave pay whether or not an employee has completed a year of employment.

Annual Leave coinciding with Public Holiday – If there is a public holiday during an employee’s annual leave, the annual leave is extended by one day, even if the holiday falls on an employee’s day off. Most employees should also get public holiday pay for the holiday.

Annual Leave during Sick Leave – Annual Leave pay may be used when an employee is away due to illness only by mutual agreement between the employer and employee. The payment should be identified as annual leave pay on the statement of earnings. An employee’s annual leave entitlement is not reduced if annual leave pay is paid out while they are away due to illness or injury. However, the amount of annual leave pay will be reduced by the amount paid to cover the time away from work due to illness. The Saskatchewan Employment Act, S.S. 2013, Ch. S-15.1, §§ 2-24 – 2-29

An employer shall provide an employee an unpaid meal break that is of at least 30 minutes’ duration within every five consecutive hours of work.

If the employer does not grant the meal break and the employee works five or more consecutive hours, the employer shall permit an employee to eat while working. An employer shall provide an employee with an unpaid meal break at a time or times necessary for medical reasons. The Saskatchewan Employment Act, S.S. 2013, Ch. S-15.1, §§ 2-14.

Duration of Sick Leave – Employers may not discharge or discipline employees who have worked for them for more than 13 consecutive weeks because of absence due to the illness or injury of the employee:

• • • if the absence does not exceed 12 working days in a calendar year for an illness or injury that is not serious;
    • if the absence is due to serious illness or injury, and does not exceed 12 weeks in a period of 52 weeks; or
    • if the employee is injured and receiving benefits under The Workers’ Compensation Act, and the absence does not exceed 26 weeks in a period of 52 weeks.

If the employee’s absence due to illness or injury is the result of a public health emergency, the employee doesn’t require 13 weeks of employment or need to provide a medical note.

Missing Work Due to a Family Member’s Illness or Injury – Employees may also be entitled to job protection while they are absent from work due to the serious illness or injury of a member of the employee’s immediate family who is dependent on the employee. An employer may request that the employee provide a doctor’s certificate certifying that the family member was ill or injured.

Eligibility of Sick Leave –The employee shall be employed with the employer for more than 13 consecutive weeks.

Sick Leave Pay – Employment standards do not require employers to pay employees who are absent for sick leave. However, employers and employees may agree to paid sick leave.

Medical Certificate – The employee must provide a medical certificate to the employer that states the estimated duration of the leave. A medical certificate may be issued by a nurse practitioner or physician. The Saskatchewan Employment Act, S.S. 2013, Ch. S-15.1, §§ 2-40.

An employee who is pregnant is entitled to an unpaid maternity leave of 19 weeks commencing at any time during the period of 13 weeks preceding the estimated date of birth, and no later than the date of birth. If the actual date of birth is later than the estimated date of birth, the employee is entitled to not less than 6 weeks’ leave after the actual date of birth. An employee may extend the leave for a further period of 6 weeks if the employee is unable for medical reasons to return to work after the expiration of the maternity leave.

An employer must adjust an employee’s duties or assign different responsibilities, ensuring no reduction in pay or benefits, if:

• • • The employee’s duties or pregnancy would experience unreasonable interference, and
    • It is reasonably feasible to make such accommodations.

An employer may require an employee to commence maternity leave not more than 13 weeks before the estimated date of birth if the pregnancy of the employee would unreasonably interfere with the performance of the employee’s duties, and there is no opportunity exists to modify the employee’s duties or to reassign the employee to other duties.

An employee whose pregnancy terminates on a date, not more than 13 weeks before the estimated date of birth due to a miscarriage or a stillbirth may still take the same amount of leave.

An employer shall grant a maternity leave for a period not exceeding 15 weeks commencing at any time during the period of 9 weeks preceding the estimated date of birth( or 6 weeks leave after the actual birth of the child if the actual date is later than the estimated date of birth), to an employee who:

• • • • • Has failed to provide 4 weeks’ notice to the employer requesting maternity leave, but is otherwise entitled to maternity leave; and
        • Has not provided her employer with a certificate of a duly qualified medical practitioner certifying that there are bona fide medical reasons that require the employee to cease work immediately.

The Saskatchewan Employment Act, S.S. 2013, Ch. S-15.1, §§ 2-49 – 2-50

An employee is entitled to an unpaid leave of 19 weeks commencing on the date on which the child comes into the employee’s care or becomes available for adoption if the employee is to be the primary caregiver of the adopted child during the period of the leave. The Saskatchewan Employment Act, S.S. 2013, Ch. S-15.1, §§ 2-50.

An employee who is a parent of a newborn child or a newly adopted child is entitled to a parental leave of not more than:

• • • • • • • 59 weeks, if the employee has taken maternity leave or adoption leave; or
            • 71 weeks, in other cases.

Parental leave must be taken during the period of:

• • • • • • • 13 weeks preceding the estimated date of birth or the estimated date on which the child is to come into the employee’s care, as the case may be; and
            • Either if one employee is taking such leave, 78 weeks following the actual date of birth or the actual date on which the child comes into the employee’s care; or if two employees are taking such leave with respect to the same child, 86 weeks following the actual date of birth or the actual date on which the child comes into the employee’s care.

A woman employee shall take the parental leave consecutive to the maternity leave or adoption leave, as applicable. The Saskatchewan Employment Act, S.S. 2013, Ch. S-15.1, §§ 2-51.

An employee is entitled to unpaid leave for organ donation and recovery for a maximum period of 26  weeks. An employee will be entitled to the leave if they get a certificate signed from a duly qualified medical practitioner. The Saskatchewan Employment Act, S.S. 2013, Ch. S-15.1, §§ 2-52.

An employee is entitled to a reasonable period of unpaid leave for the purpose of service with the reserve forces. The Saskatchewan Employment Act, S.S. 2013, Ch. S-15.1, §§ 2-53.

An employee is entitled to unpaid leave of maximum 52 weeks for following reasons:

• • • • • • • • To seek nomination as a candidate for a municipal, provincial or federal election or an election for a board of education or the Conseil scolaire fransaskois, for a reasonable period;
              • To be a candidate for a municipal, provincial or federal election or an election for a board of education or the Conseil scolaire fransaskois, for a reasonable period; or
              • If the employee has been elected to a municipal, provincial or federal government or a board of education or the Conseil scolaire fransaskois, for the period during the employee’s term of office that may be necessary.

The Saskatchewan Employment Act, S.S. 2013, Ch. S-15.1, §§ 2-54.

An employee is entitled to a bereavement leave of 5 days in the case of the death of a member of the employee’s immediate family. The leave mentioned must be taken within the period commencing one week before and ending one week after the funeral relating to the death with respect to which the leave is granted. The Saskatchewan Employment Act, S.S. 2013, Ch. S-15.1, §§ 2-55.

An employee is entitled to unpaid compassionate care leave of up to 28 weeks to provide care or support to a member of the employee’s family who has a serious medical condition with a significant risk of death within 26 weeks from the date the leave commences. An employee’s compassionate care leave ends:

• • • • • • • • If the employee is no longer providing care or support to the family members;
              • On the termination of the 28-week period mentioned; or
              • On the death of the employee’s family member.

In a period of 52 weeks, an employee is not entitled to take more than one compassionate care leave. The Saskatchewan Employment Act, S.S. 2013, Ch. S-15.1, §§ 2-56.

An employee is entitled to a leave of up to 10 days in a period of 52 weeks, which can be taken intermittently or in a continuous period, if the employee, their children (under the age of 18), or a person for whom an employee is a caregiver, regardless of whether the person and the employee have lived together at any time, is subject to interpersonal or sexual violence.

Reasons for Leave – Leave may be taken for one or more of the following purposes: 

• • • to seek medical attention for a victim with respect to a physical or psychological injury or disability caused by interpersonal violence or sexual violence; 
    • to obtain services from a victim services organization; 
    • to obtain psychological or other professional counseling; 
    • to relocate temporarily or permanently; 
    • to seek legal or law enforcement assistance, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from interpersonal violence or sexual violence; 
    1. any other prescribed purpose.

Payment during Leave – An employee is entitled to paid leave in the below manner:

• • • • • • • Paid leave for a maximum of 5 days in each period of 52 weeks at a rate equal to the wages the employee would have been paid for working for the regular number of hours on the first day of leave or 5% of the employee’s total wages, not including overtime, in the 4 weeks preceding the first day of the leave if the number of hours worked by the employee in a normal workday varies from day to day; or the employee’s wage for regular hours of work varies from day to day; and
            • Unpaid leave for a maximum of a further 5 days in each period of 52 weeks.

The Saskatchewan Employment Act, S.S. 2013, Ch. S-15.1, §§ 2-56.1; The Saskatchewan Employment (Support for Victims of Domestic Violence) Amendment Act.

An employee is entitled to:

• • • • • • • Critically ill child care unpaid leave of up to 37 weeks to provide care and support to the employee’s critically ill child family member; and
            • Critically ill adult care unpaid leave of up to 17 weeks to provide care and support to the employee’s critically ill adult family member.

An employee’s leave shall end:

• • • • • • • If the employee is no longer providing care or support to the child family member or adult family member;
            • 52 weeks from the date the medical certificate is issued;
            • On the termination of the 37-week period or 17-week period, as applicable; or
            • On the death of the employee’s child family member or adult family member.

The Saskatchewan Employment Act, S.S. 2013, Ch. S-15.1, §§ 2-57.

An employee is entitled to an unpaid leave of up to 104 weeks if a child of the employee dies and it is probable that the child’s death is a result of a crime. An employee is entitled to a leave of up to 52 weeks if a child of the employee disappears and it is probable that the child’s disappearance is a result of a crime.

An employee is not entitled to the above leave entitlement if the employee is charged with the crime or if it is probable, considering the circumstances, that the child was a party to the crime. 

If an employee takes leave and the circumstances that made it probable that the child died or disappeared as a result of a crime change and it no longer seems probable that the child died or disappeared as a result of a crime, the employee’s entitlement to the leave ends on the day on which it no longer seems probable.

If an employee takes leave due to the disappearance of a child as a result of a crime and the child is found within the 52-week period that begins in the week the child disappears, the employee is entitled:

• • • • • • • To remain on leave for 14 days after the day the child is found if found alive; or
            • To take 104 weeks of leave from the day the child disappeared, if found dead, whether or not the employee is still on leave when the child is found.

An employee may take a leave only during the 104-week and 52-week period respectively that begins in the week the child dies or disappears as a result of a crime. The Saskatchewan Employment Act, S.S. 2013, Ch. S-15.1, §§ 2-58.

An employee is entitled to 1 day leave to attend a citizenship ceremony to receive a certificate of citizenship. The Saskatchewan Employment Act, S.S. 2013, Ch. S-15.1, §§ 2-59.

An employee is entitled to a paid leave for a period as may be required in situations where a public health emergency has been declared by the World Health Organization or when a disease sufficiently harmful to the public exists in Saskatchewan. The Saskatchewan Employment Act, S.S. 2013, Ch. S-15.1, §§ 2-59.1.

An employee is eligible for 3 consecutive hours paid off from work for the purpose of voting. An employer does not have an obligation to provide time off work where the required number of consecutive hours falls outside an employee’s hours of work and within the voting hours.