On May 13, 2025,  the Government of Saskatchewan introduced significant amendments to The Saskatchewan Employment Act (the “SEA”) through Bill No. 5, The Saskatchewan Employment Amendment Act, 2024 (the “Act”), which is set to take effect on January 1, 2026. These changes will impact how employers manage scheduling, employee leave, terminations, and workplace rights across the province.

HR professionals, business owners, and managers should take note: the reforms aim to increase flexibility for employers while also strengthening protections for workers, particularly in areas such as tip distribution, medical leave, and discrimination.

This article highlights the key updates and what they mean for your workplace.

Key amendments

What is the new definition of “workday” in Saskatchewan?

A key change is the definition of a “day.” Employers will now have the flexibility to define a workday as either a calendar day or a 24-hour period beginning when an employee starts work. This aligns Saskatchewan with Manitoba and Alberta, giving businesses greater scheduling flexibility while maintaining fairness for workers.

Can employers withhold employee tips in Saskatchewan?

For the first time, Saskatchewan law will directly regulate tips and gratuities. A new provision prohibits employers from withholding, deducting, or reclaiming gratuities, except as permitted by law or under limited circumstances, such as voluntary tip-pooling arrangements. Any violation by an employer will be treated as wages owed to the employee, strengthening protections for workers.

When must employers give group termination notice under the new law?

Under the SEA, employers must provide group termination notice when laying off 10 or more employees. However, the amendment raises this threshold to 25 or more employees, easing administrative requirements.

How can employees file a discrimination complaint under Saskatchewan’s employment law?

Under the amended SEA, employees who believe they have been wrongfully disciplined or dismissed for exercising their statutory rights, such as taking sick leave, requesting accommodations, or whistleblowing, can now file a complaint directly with the Director of Employment Standards (the “Director”).

The Director has the authority to:

  • order the reinstatement of the employee;
  • require wage repayment; and
  • direct the removal of disciplinary records.

These decisions are subject to appeal before an adjudicator, providing an additional layer of oversight and fairness.

What new leave entitlements do employees have in Saskatchewan?

The Act introduces or enhances several forms of protected leave:

  • Medical Leave: Employers cannot request a medical certificate unless an absence exceeds five consecutive working days, or the employee has had non-consecutive absences of two or more working days due to sickness or injury in the preceding 12 months. Additionally, the duration of serious illness leave is extended from 12 weeks to 27 weeks, aligning with federal Employment Insurance benefits.
  • Maternity Leave: Employees who suffer a loss of pregnancy within 20 weeks of the due date will now qualify for leave.
  • Interpersonal Violence Leave: Employees who experience interpersonal violence are entitled to up to 16 weeks of unpaid leave, to be taken in one continuous period. This is in addition to the current 10 days of leave (five paid and five unpaid), which may be taken either consecutively or intermittently.
  • Bereavement Leave: Employees may now take bereavement leave within six months of a death, rather than being limited to the five days surrounding a funeral. The leave also covers individuals considered “like family” and extends to pregnancy loss experienced by the employee or the employee’s immediate family.

Other Changes

In addition to the amendments noted above, the Act includes several other changes:

  • Review Cycle: The SEA will now be reviewed every 10 years instead of every five.
  • Work Arrangements: Part-time employees can participate in modified work arrangements, and overtime will apply after the agreed-upon hours rather than strictly after eight hours.
  • Meal Breaks and Schedules: With employee consent, employers may vary notice and meal break provisions. Unions may also negotiate these changes without requiring approval from the Director.
  • Retail Sector Days Off: Retail employees will no longer be entitled to two consecutive days off per week. Consistent with other sectors, they will now only be entitled to one day off.
  • Terminology Updates: Language such as “miscarriage or stillbirth” is being replaced with “loss of pregnancy” to reflect more inclusive terminology.
  • Cash Payments: Employees may be paid their wages in cash.
  • Wage Deductions: Deductions for training, housing, or salary advances may be made with employee consent.
  • Vacation Pay: Employers will not be required to provide vacation pay on periods covered by pay-in-lieu of notice.
  • Appeals: Employees and employers may withdraw appeals at any point in the process.

Conclusion

The amendments to the SEA represent the most comprehensive update to workplace legislation in years. By balancing flexibility for employers with stronger rights and protections for employees, the changes aim to create a fairer, more modern employment framework across the province.

Is your organization ready for the 2026 amendments to The Saskatchewan Employment Act?

From updating workplace policies to revising termination protocols and leave entitlements, these changes may require action across multiple levels of your HR and compliance practices.

For tailored advice or assistance in navigating these updates, please contact a member of Labour and Employment Group. We help employers across Canada stay ahead of regulatory changes and mitigate workplace risks.

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