Saskatchewan proposes changes to Employment Act

The government of Saskatchewan has introduced amendments to The Saskatchewan Employment Act aimed at reducing administrative burdens for employers while bolstering employee rights.

The proposed changes reflect feedback from stakeholders, including employers, unions, and individuals, according to Labor Relations and Workplace Safety Minister Jim Reiter.

“To meet the needs of a growing Saskatchewan, we need to ensure that our labour laws are meeting the needs of Saskatchewan people,” he said.

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

Amendments to Saskatchewan’s Employment Act

Here are the key changes that Saskatchewan is introducing:

Defining a day for overtime: Employers would have the flexibility to define a workday for overtime purposes as either a calendar day or 24 consecutive hours, aligning Saskatchewan with neighbouring 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 would 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.

Discriminatory actions and employee protections: The amendments would 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 would remain subject to appeal for fairness. This measure would align Saskatchewan with nine other Canadian jurisdictions.

Changes to employment leaves

• Sick notes: Employers could 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 would 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 would 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 could 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.

Ontario will soon introduce legislation that, if passed, will support families and help more women enter and remain in the skilled trades. The province’s upcoming legislation will propose a new 16-week job-protected leave under the Employment Standards Act for adoptive parents and parents through surrogacy.

Streamlined provisions around part-time work, meal breaks

Saskatchewan’s 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.