Canada: Important Amendments Coming to Saskatchewan Workplace Laws

On May 13, 2025, the Saskatchewan government passed the Workers’ Compensation Amendment Act, 2024 (Bill 4) and the Saskatchewan Employment Amendment Act, 2024 (Bill 5). 

Bill 4 expands Saskatchewan Workers’ Compensation Board coverage to include employees working for a Saskatchewan employer who are not residents of Saskatchewan and are injured while performing work outside of Saskatchewan. 

Bill 5 amends the Saskatchewan Employment Act (the Act) by modernizing employment standards and providing greater flexibility to both employers and employees. These proposed amendments are not yet in force but will take effect on proclamation by the Lieutenant Governor in Council.  

The key amendments Bills 4 and 5 will make, once in force, are described below.

Wage and Hour Provisions

• Definition of a “Day”: Employers will be able to define a “day” as either a calendar day or any 24-hour period for scheduling and overtime purposes.
• Work Schedule Notice: In addition to providing information on the time when work begins and ends, the start and end time of any shift, and the start and end time of meal breaks, an employer will need to include in the work schedule notice the definition of “day” it will apply to scheduling and overtime calculations.
• Variations to the Work Schedule Notice Requirements: Employers and unions will be able to negotiate schedule notice requirements that will replace those of the Act without needing a permit. Non-unionized employers will be able to apply for a variation to these requirements with employee consent.
• Rest Periods: Employees will be entitled to receive 8 consecutive hours of rest in any 24-hour period (previously, “in a day”). Further, employees who work 20 or more hours in a week will now be entitled to one day off a week, regardless of the category of worker or the workplace. This removes the prior requirement that certain workplaces and employee classifications receive two days off per week.
• Meal Breaks: Subject to certain exceptions, an employer is currently required to provide an employee with an unpaid meal break of at least 30 minutes within each five-hour work period. Employers and unions will be able to negotiate meal break provisions that will replace those of the Act without needing a permit. Non-unionized employers will be able to apply for a variation to the meal break requirements with employee consent.
• Part-Time Workers and Modified Work:  Part-time workers will be able to participate in modified work arrangements for the purpose of overtime calculation.

Payments and Deductions

• Cash Payments: The Act will explicitly recognize cash as a valid method of wage payment.
• Permitted Deductions: The Act will recognize wage advances, voluntary training costs, and housing/moving allowances as permissible wage deductions, provided there is employee consent.
• Gratuities: Employers will be expressly prohibited from withholding or deducting tips, except for tip pooling purposes or as otherwise permitted or required by law.

Termination Entitlements

• Vacation Pay on Termination Pay: The Act will explicitly recognize that an employer does not need to calculate additional vacation pay for the statutory termination payment amount provided in lieu of notice. This is different from legislation in certain other Canadian provinces, such as Ontario.
• Group Termination Threshold: The requirement to provide notice of group termination will apply when 25 or more employees are affected (previously 10).

Leave Provisions

• Illness or Injury Leave: The maximum unpaid leave entitlement in the case of serious illness or injury or if an employee is receiving workers’ compensation benefits will increase to 27 weeks in a 52-week period (previously 12 weeks in a 52-week period).
• Sick Notes: An employer will not be permitted to request a sick note for statutory illness or injury leave unless the employee is absent for more than 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.
• Maternity Leave: Employees who experience a pregnancy loss up to 20 weeks before the estimated due date will be eligible for maternity leave (increased from 13 weeks before the due date).
• Bereavement Leave: An employee is currently entitled to five days of bereavement leave for the death of an immediate family member, to be taken within the period commencing one week before and ending one week after the funeral. This leave will be expanded to include bereavement for pregnancy loss by the employee, the employee’s immediate family member, or any other person if the employee would have been a parent to a child born. The period in which bereavement leave may be taken will increase to six months from the death.
• Interpersonal Violence and Sexual Violence Leave: In addition to the existing short-term leave, an employee will be entitled to a long-term leave of up to 16 weeks in a 52-week period, which must be taken in one continuous block.

Workers’ Compensation

• Expanded Coverage: Workers of Saskatchewan employers will be covered by workers’ compensation insurance when injured outside of Saskatchewan if approved by the Saskatchewan Workers’ Compensation Board and ordinarily resident in Canada. Previously, in order to be covered by Saskatchewan workers’ compensation insurance for injuries outside of Saskatchewan, workers needed to either be Saskatchewan residents, or be usually employed in Saskatchewan and be working both inside and outside of Saskatchewan. 

Impact on Employers

To prepare for these amendments, employers should consider the following:

• Review and update workplace policies, employment contracts, termination letters and practices to ensure they comply with the upcoming requirements.
• Consider the scope of their workers’ compensation coverage after these changes.
• Train HR and management teams on the new leave entitlements and scheduling rules.
• Ensure payroll systems are compliant with the updated wage and hour provisions.