The Government of Saskatchewan has introduced significant amendments to The Saskatchewan Employment Act, aimed at reducing administrative burdens for employers while continuing to protect employee rights in today’s workplaces. The changes, proposed through Bill 5, The Saskatchewan Employment Amendment Act, 2024, were introduced in December 2024 and passed earlier this month. Although the government has not yet announced when the amendments will come into effect, they are expected to be in force before the end of March 2026.

In this bulletin, we provide a brief summary of the upcoming amendments to The Saskatchewan Employment Act.

Key changes

Overtime eligibility – the definition of a day

Employers can now define a “day” as either a calendar day or maintain the existing definition (24 consecutive hours) for overtime and hours of work purposes. This will provide greater administrative flexibility likely simplifying payroll and scheduling processes.

Group termination notice requirements

The threshold for requiring notice of group terminations has increased from 10 to 25 or more employees.

Sick notes

Employers can no longer request sick notes unless an employee has been absent for more than five days in a row or has been absent twice for two or more days in the preceding 12 months.

Expansion of leaves of absence

  • Long-term sick leave: Employees’ entitlement to long-term sick leave has been extended from 12 to 27 weeks, aligning with federal employment insurance (EI) benefits.
  • Maternity leave: Employees who experience pregnancy loss up to 20 weeks before their estimated due date are now entitled to take a maternity leave (this was previously 13 weeks).
  • Bereavement leave: Employees can now take a bereavement leave within six months of a death, instead of this leave being restricted to within one week before or after the funeral. Additionally, the entitlement to a bereavement leave now includes chosen family and pregnancy loss, either personally or within their immediate family situations.
  • New interpersonal violence leave: Employees who experience domestic violence are now entitled to a new 16-week unpaid leave in addition to the existing 10-day leave (of which five days are paid, and five days are unpaid).

Increased authority of the director of employment standards

Directors will now have the authority to reinstate employees or award compensation for lost wages where an employer has discriminated against an employee. The director’s decisions will be subject to an appeal process to ensure fairness.

Other changes

  • Regulation of tips: Employers are now prevented from deducting or withholding tips from employees.
  • Work arrangements: Part-time employees can now participate in modified work arrangements whereby overtime is payable after working the hours established in an agreed schedule rather than the existing eight hours in a day.
  • Variances to meal break and scheduling requirements: With consent of the employees, employers will be permitted to apply for variances in meal break requirements and schedule changes.
  • Retail work schedules: Employers in the retail sector will no longer be required to provide workers with two consecutive days off per week. They must only provide one day off per week, consistent with other sectors.
  • Wage deductions: With consent of the employees, employers can now make deductions for salary advances, voluntary training and housing allowances.
  • No vacation pay on termination pay: The amendments expressly clarify that an employer does not have to provide vacation pay on the period for which pay-in-lieu of notice is provided to the employee.

What does this mean for employers?

These amendments provide increased flexibility and updated obligations for Saskatchewan employers. As a result, employers must review and adjust their practices and policies to comply with the updated legislation. Although these amendments have not yet taken effect, Saskatchewan employers should begin evaluating the necessary changes in preparation for implementation.

If you have any questions or require assistance with revising your agreements and policies to comply with the new requirements, please do not hesitate to reach out to a member of our Employment, Labour & Equalities Group.