Saskatchewan introduces amendments to Employment Act

The Saskatchewan government has also introduced proposed amendments to The Workers’ Compensation Act.

Key amendments to Saskatchewan Employment Act 

Here are the key changes that Saskatchewan is introducing:

Defining a day for overtime: Employers will now have the flexibility to define a workday for overtime purposes as either a calendar day or 24 consecutive hours, aligning Saskatchewan with neighboring provinces Alberta and Manitoba.

Regulation of tips: The proposed amendments would prohibit employers from deducting or withholding tips from employees, ensuring these earnings are fully protected. Saskatchewan will become one of seven provinces to regulate tips under this provision.

Group termination notice: Employers would need to provide notice when terminating 25 or more employees, an increase from the current threshold of 10. This aligns Saskatchewan with other jurisdictions with higher group termination notice limits, easing administrative requirements for businesses.

Previous reports noted that Cargill,Tesla, McKinsey & Co. and Novartis have plans to lay off workers in the near future.

Discriminatory actions and employee protections: The amendments grant the Director of Employment Standards authority to reinstate employees or award compensation for lost wages in cases of discriminatory action by employers. Currently, such actions require court orders, which can be time-consuming. The director’s decisions will remain subject to appeal for fairness. This measure aligns Saskatchewan with nine other Canadian jurisdictions.

Changes to employment leaves

• Sick notes: Employers may only request a sick note after an employee has been absent for more than five consecutive working days or twice for two or more days in the preceding 12 months.
• Long-term sick leave: The duration of long-term sick leave will be extended from 12 to 27 weeks to align with federal employment insurance benefits.
• Maternity leave: Employees experiencing a loss of pregnancy up to 20 weeks before their due date will now qualify for maternity leave, extended from the current threshold of 13 weeks.
• Interpersonal violence leave: A new 16-week unpaid leave is introduced in addition to the existing 10-day leave (five paid, five unpaid).
• Bereavement leave: Employees can now access bereavement leave within six months of a death, instead of around the time of the funeral. This also includes leave for the loss of pregnancy and for the death of someone considered “like” family.

Recently, Newfoundland and Labrador has proposed the removal of the sick notes requirement under its Labour Standards Act.

Streamlining provisions in Saskatchewan

The amendments include several updates to improve clarity and streamline provisions:

• Part-time modified work: Part-time employees may participate in modified work arrangements with overtime paid after a specific threshold.
• Meal break variances: Non-unionized employers can seek written employee consent for variances in meal breaks and scheduling changes. Unionized workplaces can negotiate variances without director approval.
• Retail worker days off: Retail workers will now have a single guaranteed day off per week, aligning them with other sectors.
• Vacation pay clarification: Employers are not required to provide vacation pay for periods covered by pay-in-lieu of notice.
• Wage deductions: Employers may deduct for salary advances, training, and housing allowances with employee consent.
• Appeals process: Appellants may withdraw appeals at any time.

If passed, the amendments would come into force on proclamation.