Saskatchewan passes changes to employment act

• Maternity leave is now extended to include employees who experience a loss of pregnancy up to 20 weeks before the estimated due date.
• Bereavement leave may now be accessed within six months of a death, rather than within one week before or after a funeral. The leave also applies to the loss of a pregnancy, and to the death of a person the employee considers “like” family.
• A new 16-week unpaid interpersonal violence leave has been introduced, supplementing the existing 10-day leave (five paid and five unpaid).
• Long-term sick leave has been extended from 12 to 27 weeks to align with federal Employment Insurance benefits and provide job protection for employees receiving those benefits.

Employers are also being restricted from asking for a sick note unless the employee has

been absent for more than five consecutive working days or has been absent twice for two or more days in the preceding 12 months.

The provincial government introduced proposed amendments to the legislation in December 2024. The proposed changes reflected feedback from stakeholders, including employers, unions, and individuals, Labor Relations and Workplace Safety Minister Jim Reiter said back then.

Tips, group termination, work arrangements

Amendments to The Saskatchewan Employment Act also addressed the following areas:

• Tips: Employers are now prohibited from deducting or withholding tips from employees.
• Group Termination: Employers must now provide notice to affected employees, the Minister of Labour, and the relevant union when terminating 25 or more employees.
• Modified Work Arrangements: Part-time employees may now participate in modified schedules, where overtime applies only after working the hours established in their agreed schedule, rather than after eight hours in a day.
• Retail Workdays: Retail sector employees are no longer guaranteed two consecutive days off per week; they now fall under the general requirement of at least one day off per week, aligning with other industries.
• Discriminatory Action: The Director of Employment Standards now has the authority to reinstate an employee and/or award compensation for lost wages in cases of discriminatory employer actions. These decisions are subject to an appeal process.
• Definition of a Workday: Employers may now define a “day” for purposes of overtime and hours of work as either a calendar day or any 24 consecutive hours, depending on operational needs.

One Saskatchewan employer was previously ordered to reinstate a worker they deemed to have quit.

In April, the Saskatchewan Federation of Labour (SFL) responded to the proposed changes with a mixed reaction. The SFL welcomed several reforms, including:

• Explicit protection of employee tips
• Creation of end-of-pregnancy leave
• Broadened eligibility for bereavement leave

However, the SFL raised concerns over:

• The increased threshold for group termination notices
• The elimination of the two-day rest provision for retail workers
• The flexible new definition of a workday

“Likely to echo other labour organizations in their responses, the Ministerial Advisory Committee has previously been a platform for stakeholders to discuss legislative changes,” the SFL said back then. “That process was not engaged for the bill, and the SFL encourages a return to that platform for future legislative and regulatory changes.”

In the last month of 2024, the Grain & General Services Union said: “While there are positive changes for working people, the majority of the changes benefit the employers.”

In December of last year, Saskatchewan also introduced proposed amendments to The Workers’ Compensation Act.