Saskatchewan

Global Compliance Guide

Hours & Pay Regulations

Normal Working Hours

An employer can schedule an employee to work 40 hours per week and 8 hours a day.

 

Work Schedule

An employer is required to give notice to an employee of a work schedule containing the following:

      • The time when work begins and ends;
      • If work is done in shifts, the time when each shift begins and ends; and
      • The time when a meal break begins and ends.

The notice required as stated above must cover at least one week. An employer may provide notice of less than one week of a variation to an employee’s schedule if unexpected, unusual or emergency circumstances arise. The Saskatchewan Employment Act, S.S. 2013, Ch. S-15.1, §§ 2-12 – 2-14.

Overtime

Any hours over 8 in a day and any hours over 40 in a week is treated as overtime. Overtime is paid at 1.5 times the employee’s hourly wage.

 

Employees also qualify for overtime when they have worked more than eight hours in a day if their normal work schedule is based on five eight-hour workdays in a week or when they have worked more than 10 hours in a day if their normal work schedule is based on four 10-hour workdays in a week. Employees who work less than 30 hours per week qualify for overtime after eight consecutive hours worked. In a week with a public holiday, however, employees qualify for overtime after 32 hours worked.

 

No employer shall require the employee to work or to be at the employer’s disposal for more than 44 hours in a week; or in a week that contains a public holiday without the consent of an employee, 44 hours reduced by eight hours for each public holiday in that week.

 

Overtime Banks

Employers can allow employees to bank overtime hours in exchange for days off with regular pay at a later date. For every overtime hour worked, 1.5 hours must be banked. Maximum hours to the banked should not exceed 30 hours per week. Overtime bank agreements must be in writing and signed by both employer and employee. Days added to the overtime bank must be used within 12 months of being earned. The Saskatchewan Employment Act, S.S. 2013, Ch. S-15.1, §§ 2-17 – 2-18.

Breaks

Unless there is an emergency, employees must receive eight hours of consecutive rest in a 24-hour period. Employees who usually work a minimum of 20 hours a week are entitled to receive 24 consecutive hours away from work. When possible, one of the rest days should be a Saturday or a Sunday. The Saskatchewan Employment Act, S.S. 2013, Ch. S-15.1, §§ 2-13.

Public Holidays

Employees are entitled to 10 paid holidays:

      • Jan. 1: New Year’s Day
      • Family Day (3rd Monday in February)
      • Good Friday
      • Victoria Day (3rd Monday in May)
      • July 1: Canada Day
      • Saskatchewan Day (1st Monday in August)
      • Labor Day (1st Monday in September)
      • Thanksgiving Day (2nd Monday in October)
      • Nov. 11: Remembrance Day
      • Dec. 25: Christmas Day

 

If New Year’s Day, Christmas Day or Remembrance Day falls on a Sunday, the Monday following that day is to be observed as a public holiday.

 

When Public Holiday Occurs during a Vacation

If one or more public holidays occur during the period of any vacation that an employee has been permitted by the employer to take:

        • the period of that vacation must be increased by one working day with respect to each public holiday; and
        • the employer shall pay to the employee, in addition to the vacation pay that the employee is entitled to receive, the wages that the employee is entitled to be paid for each public holiday.

 

Employees earn public holiday pay equal to 5 percent of their wages in the four weeks (28 days) before the public holiday, not including overtime, bonuses, and gratuities. Employees required to work on a public holiday are entitled to be paid:

          • 1.5 times their regular rate of wages in addition to their public holiday pay; or
          • 1.5 times their regular rate of wages and in addition be granted one working day off with pay within a four-week period immediately following the public holiday.

 

The Saskatchewan Employment Act, S.S. 2013, Ch. S-15.1, §§ 2-24 – 2-29.

Annual Leave

Employees in Saskatchewan who have completed one full year of service are entitled to a minimum of 3 weeks’ annual paid vacation. Employees who have completed 10 years of work with the same employer receive a minimum of 4 weeks’ vacation. The employee can take the entire vacation within 12 months after the date on which the employee becomes entitled to the same. Unused vacation leave may be carried over to the next year if the employer agrees.

 

Vacation Pay

An employee is to be paid vacation pay in the following amounts:

      • If the employee is entitled to a vacation of 3 weeks, three fifty-seconds of the employee’s wages for the year of employment or portion of the year of employment preceding the entitlement to the vacation;
      • If the employee is entitled to an annual vacation of 4 weeks, four fifty-seconds of the employee’s wages for the year of employment preceding the entitlement to the vacation.

The employer shall pay the employee’s vacation pay not later than 11 months after the day on which the employee becomes entitled to the vacation. Vacation can be taken all at once or incrementally, as employer and employee decide. If one or more public holidays occur during the period of any vacation that an employee has been permitted by the employer to take:

        • The period of that vacation must be increased by one working day with respect to each public holiday and;
        • The employer must pay to the employee, in addition to the vacation pay that the employee is entitled to receive, the wages that the employee is entitled to be paid for each public holiday.

Upon termination of employment, the employee is entitled to be paid for any unused leave within 14 days after the day on which the employment ends. The Saskatchewan Employment Act, S.S. 2013, Ch. S-15.1, §§ 2-24 – 2-29.

Minimum Wage

Effective October 1, 2018, the minimum wage is $11.06 per hour. Most employees must be paid at least minimum wage for each hour worked or spent at the disposal of their employer. Minimum Wage and Minimum Call-out Pay; The Saskatchewan Employment Act, S.S. 2013, Ch. S-15.1, §§ 2-16.

Meal Breaks

An employer shall provide to an employee an unpaid meal break that is of at least 30 minutes’ duration within every five consecutive hours of work.

 

If the employer does not grant the meal break and the employee works five or more consecutive hours, the employer shall permit an employee to eat while working. An employer shall provide an employee with an unpaid meal break at a time or times necessary for medical reasons. The Saskatchewan Employment Act, S.S. 2013, Ch. S-15.1, §§ 2-14.

Special Leave

Sick Leave

The Employment Act provides job protection to employees who are absent from work due to illness or injury or are absent due to the illness or injury of a family member. Employers are not required to pay employees who are away on sick leave. Employees cannot be discriminated against as long as their absences do not exceed:

  • A total of 12 days in a calendar year if the illness or injury is not serious,
  • 12 weeks in a period of 52 weeks if the illness or injury is serious or
  • 26 weeks in a period of 52 weeks if the employee is receiving benefits under the Workers’ Compensation Act.

The employee, if requested in writing by the employer, provides the employer with a certificate of a duly qualified medical practitioner certifying that the employee was incapable of working due to illness or injury or certifying the illness or injury of the member of the employee’s immediate family, as the case may be. The Saskatchewan Employment Act, S.S. 2013, Ch. S-15.1, §§ 2-40.

Maternity Leave

An employee who is pregnant is entitled to a maternity leave of 18 weeks commencing at any time during the period of 12 weeks preceding the estimated date of birth, and no later than the date of birth. If the actual date of birth is later than the estimated date of birth, the employee is entitled to not less than six weeks’ leave after the actual date of birth.

 

An employee may extend the leave for a further period of six weeks if the employee is unable for medical reasons to return to work after the expiration of the maternity leave. An employer may require an employee to commence maternity leave not more than 12 weeks before the estimated date of birth if the pregnancy of the employee would unreasonably interfere with the performance of the employee’s duties, and no opportunity exists to modify the employee’s duties or to reassign the employee to other duties.

 

If the actual date of birth is later than the estimated date of birth and the employee has not provided a certificate from a medical practitioner which certifies the same, the employee is entitled to maternity leave for a period not exceeding 14 weeks commencing at any time during the period of eight weeks preceding the estimated date of birth. The Saskatchewan Employment Act, S.S. 2013, Ch. S-15.1, §§ 2-49 – 2-50.

Adoption Leave

An employee is entitled to adoption leave of 18 weeks commencing on the date on which the child comes into the employee’s care or becomes available for adoption if the employee is to be the primary caregiver of the adopted child during the period of the leave. The Saskatchewan Employment Act, S.S. 2013, Ch. S-15.1, §§ 2-50

Parental Leave

An employee who is a parent of a newborn child or a newly adopted child is entitled to a parental leave of not more than:

      • 34 weeks, if the employee has taken maternity leave or adoption leave; or
      • 37 weeks, in other cases.

Parental leave must be taken during the period of:

        • 12 weeks preceding the estimated date of birth or the estimated date on which the child is to come into the employee’s care, as the case may be; and
        • 52 weeks following the actual date of birth or the actual date on which the child comes into the employee’s care.

If the employee takes 34 weeks off, the employee shall take the parental leave consecutive to the maternity leave or adoption leave, as the case may be. The Saskatchewan Employment Act, S.S. 2013, Ch. S-15.1, §§ 2-51.

Organ Donation Leave

An employee is entitled to a leave for organ donation for the period, as certified by a duly qualified medical practitioner, required for the organ donation and recovery from the procedure. The maximum leave for an organ donation and recovery is 26 weeks. The Saskatchewan Employment Act, S.S. 2013, Ch. S-15.1, §§ 2-52.

Reserve Force Service Leave

An employee is entitled to a reasonable period of leave for the employee’s period of service with the reserve force. The Saskatchewan Employment Act, S.S. 2013, Ch. S-15.1, §§ 2-53.

Nomination, Candidate and Public Office Leave

An employee is entitled to a leave:

      • To seek nomination as a candidate for a municipal, provincial or federal election or an election for a board of education or the Conseil scolaire fransaskois, for a reasonable period;
      • To be a candidate for a municipal, provincial or federal election or an election for a board of education or the Conseil scolaire fransaskois, for a reasonable period; or
      • If the employee has been elected to a municipal, provincial or federal government or a board of education or the Conseil scolaire fransaskois, for the period during the employee’s term of office that may be necessary.

An employee who holds or is seeking to hold public office is entitled to public office leave. This is unpaid leave and continues as long as necessary. Employees must provide four weeks’ written notice of the date leave will begin and four weeks’ notice before returning.

 

To qualify for the leave, employees must have worked at least 13 consecutive weeks for their employer. An employee who takes public office leave for less than 60 days is entitled to return to his or her previous job. If leave lasts more than 60 days, an employer must provide the employee with a comparable job, though not necessarily the original one, and ensure the employee receives the same wage and benefits enjoyed prior to the leave. Seniority accrues at a normal rate during the leave. The Saskatchewan Employment Act, S.S. 2013, Ch. S-15.1, §§ 2-54.

Bereavement Leave

An employee is entitled to a bereavement leave of 5 days in the case of the death of a member of the employee’s immediate family. The leave mentioned must be taken within the period commencing one week before and ending one week after the funeral relating to the death with respect to which the leave is granted. The Saskatchewan Employment Act, S.S. 2013, Ch. S-15.1, §§ 2-55.

Compassionate Care Leave

An employee is entitled to a compassionate care leave of up to 28 weeks to provide care or support to a member of the employee’s family who has a serious medical condition with a significant risk of death within 26 weeks from the date the leave commences. In a period of 52 weeks, an employee is not entitled to take more than one compassionate care leave. An employee’s compassionate care leave ends:

  • If the employee is no longer providing care or support to the family members;
  • On the termination of the 28-week period mentioned; or
  • On the death of the employee’s family member.

The Saskatchewan Employment Act, S.S. 2013, Ch. S-15.1, §§ 2-56

Interpersonal Violence Leave

An employee is entitled to a leave of up to 10 days in a period of 52 weeks, which the employee may choose to take intermittently or in one continuous period if a victim is subjected to interpersonal violence by:

      • A person who has been or who is in a family relationship, spousal relationship, intimate relationship or dating relationship with the employee, regardless of whether they have lived together at any time;·      
      • A person who is the parent of one or more children with the employee, regardless of their marital status or whether they have lived together at any time;
      • A person who is in an ongoing caregiving relationship with the employee, regardless of whether they have lived together at any time; or
      • Any other person prescribed in the regulations.

Reasons for Leave:

        • To seek medical attention for a victim with respect to a physical or psychological injury or disability caused by interpersonal violence;
        • To obtain services from a victim services organization;
        • To obtain psychological or other professional counseling;
        • To relocate temporarily or permanently;
        • To seek legal or law enforcement assistance, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the interpersonal violence;
        • Any other prescribed purpose.

The periods during which the employee is on leave are to be used in making the calculation and not the periods during which the employee has returned to work. An employer must:

          • Maintain confidentiality respecting all matters that come to the employer’s knowledge in relation to leave taken by an employee pursuant to this section; and
          • Not disclose information relating to the leave to any person except employees or agents of the employer who require the information to carry out their duties; or with the consent of the employee to whom the leave relates.

If the employer so requires, the employee shall provide written evidence issued by persons identified in subsection 12.4(4) of The Victims of Interpersonal Violence Act to verify the circumstances of the leave. The Saskatchewan Employment Act, S.S. 2013, Ch. S-15.1, §§ 2-56.1; The Saskatchewan Employment (Support for Victims of Domestic Violence) Amendment Act

Critically Ill Child Care Leave

An employee is entitled to critically ill child care leave of up to 37 weeks to provide care and support to his or her critically ill child. An employee’s critically ill child care leave ends:

            • If the employee is no longer providing care or support to the child;
            • 52 weeks from the date the medical certificate is issued;
            • On the termination of the 37-week period leave; or
            • On the death of the employee’s child. 

The Saskatchewan Employment Act, S.S. 2013, Ch. S-15.1, §§ 2-57.

Crime Related Death or Disappearance Leave

An employee is entitled to crime-related child death or disappearance leave of up to 104 weeks if a child of the employee dies and it is probable, considering the circumstances, that the child died as a result of a crime. An employee is entitled to a leave of up to 52 weeks if a child of the employee disappears and it is probable, considering the circumstances, that the child’s disappearance is a result of a crime. The Saskatchewan Employment Act, S.S. 2013, Ch. S-15.1, §§ 2-58.

Citizenship Ceremony Leave

An employee is entitled to a leave of one day to attend a citizenship ceremony to receive a certificate of citizenship. The Saskatchewan Employment Act, S.S. 2013, Ch. S-15.1, §§ 2-59. 

Last updated on: April 30th, 2019