Canada: Jurisdictional Summary- Saskatchewan

Last Updated: December 19 2014
Practice Guide by Blaney McMurtry LLP

All references are to the Saskatchewan Employment Act, RSS 2013, c S-15.1,Part II, Employment Standards, unless noted otherwise.

HOURS OF WORK 44 hours weekly max; or 44 hours less 8 hours for each public holiday in a week: 2-12
EATING PERIODS 30 minute break for every 5 consecutive hours of work 2-14(1) unless in unexpected or emergency circumstances, or if it is not reasonable for an employee to take a meal break (2). Permit employee to eat while working if no meal break provided, and provide unpaid break if necessary for medical reasons (3),(4)
REST PERIODS At least 8 consecutive hours of rest in any day: 2-13(1) except in emergency situations (2); 1 day off per week for each employee who works 20 or more hours per week (3).

2 consecutive days off in workplace with more than 10 employees or for prescribed categories of employees (5)

Employer can apply to Director for exemption from (3) and Director can issue conditions to abide by (6)(b)
OVERTIME After 8 hours in a day for 5 consecutive days or 10 hours in a day for 4 consecutive days, and 40 hours in a week, unless in modified work arrangement or averaging authorization satisfying s. 2-20: 2-18.
MINIMUM WAGE Employers required to pay minimum wage 2-16(1); if not paid hourly, pay must be at least the calculation of minimum wage x number of hours required or permitted to work or be at the disposal of the employer

As of October 14, 2014 general minimum wage rate is $10.20 per hour. Not posted in Act or regulation.
EMPLOYMENT OF CHILDREN Restricted employment of children under 14: 24 July 2009 SR 64/2009 s4. Children older than 14 and less than 16 require parental consent to work: 9.1(1). children 14-16 cannot work between 10:00pm and the start of the school they attend during the day, or for more than 16 hours during a week of school, or during the hours that the school the youth attends is in session, subject to s.149 of the Education Act, 1995 9.2
HOLIDAY General holiday means any of following: New Year's Day; Family Day (third Monday in February); Good Friday; Victoria Day; Canada Day; Saskatchewan Day (first Monday in August); Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; 2-30

Employer can substitute another day for a public holiday: 2-31; Must pay employee 5% of wages, excluding overtime, earned in the 4 weeks preceding the public holiday, or an amount calculated in the prescribed manner for a prescribed category of employees: 2-32(1).

If employee works on a public holiday, employer shall pay:
  1. amount counted in ss (1)
  2. 1.5 times the employee's hourly wage or an amount calculated in prescribed manner for prescribed category of employees (3)
VACATION 3 weeks after each year of employment, to 4 weeks after completing 10 consecutive years or more of employment: 2-24(1)
EQUAL PAY Employers are prohibited from paying an employee of one sex at a rate of pay less than the rate paid to an employee of the other sex if they perform substantially the same kind or quality of work under similar working conditions. 2-21(1)

The requirement does not apply when the difference in the rate of pay is a result of a seniority system or a merit system (2)
LEAVES OF ABSENCE Employees required to give 4 weeks' written notice prior to leave with date of leave and date of return: 2-46(1)

Notice requirements do not apply to leave for: bereavement; compassionate care; critically ill child care; crime-related death or disappearance; and citizenship ceremony (2)

MATERNITY - 18 weeks without pay starting at any time during 12 weeks before due date and no later than the date of birth. At least 6 weeks If date of birth is after due date: 2-49(1),(2); may extend further by 6 weeks if unable to return to work for medical reasons (3)

Employer shall modify duties without decrease in wages to accommodate a pregnancy if reasonable and the employee's duties or pregnancy would be unreasonably interfered with: (4), and may require employee to take maternity leave no more than 12 weeks before due date if interference and no opportunities exist for modification (5).

ADOPTION - 18 weeks starting on date child comes into employee's care or available for adoption if employee is to be primary caregiver during the period of leave: 2-50

PARENTAL - 34 weeks if employee has already taken maternity or adoption leave; or 37 weeks in other cases: 2-51(1) taken within the 12 weeks before due date or date child is to come into employee's care; and 52 weeks after the actual date of birth or actual date child comes into employee's care: (2)

COMPASSIONATE LEAVE - up to 8 weeks to provide care or support to a seriously ill family member if a qualified physician provides a certificate stating that the family member has a serious medical condition with a significant risk of death occurring within a period of 26 weeks or shorter, and family member requires care or support of one or more family members: 2-56.

BEREAVEMENT LEAVE - up to 5 days upon death of immediate family member, taken within the period of 1 week before and 1 week after funeral: 2-55(1),(2);

RESERVIST - Reasonable period of leave for period of service with the reserve force if leave meets requirements of training and active service including regular and emergency deployment: 2-53(1)

ORGAN DONOR - For the period, as certified by a qualified medical practitioner, required for donation and recovery up to 26 weeks: 2-52.

CITIZENSHIP CEREMONY - 1 day to attend ceremony or receive a certificate of citizenship 2-59

CRITICALLY ILL CHILD CARE - Up to 37 weeks, to provide care or support to a critically ill child in the meaning prescribed by regulation of the Employment Insurance Act. 2-57

CRIME RELATED CHILD DEATH OR DISAPPEARANCE - Up to 104 weeks if a child of the employee dies and it is probable that the child died as the result of a crime 2-58(1). Up to 52 weeks if a child of the employee disappears and it is probable that the child disappeared as a result of a crime (2) Does not apply in circumstances where the employee has been charged with the crime or the child was party to the crime (4).

NOMINATION, CANDIDATE AND PUBLIC OFFICE LEAVE - to a maximum of 52 weeks 2-54(1)
TERMINATION/SEVERANCE Notice requirement is one week if service of 13 weeks but less than 1 year, plus one additional week for each year of employment over one year, up to 6 weeks for 5-10 years, and 8 weeks for more than 10 years: 2-60. Employee gives at least 2 weeks: 2-63(1)

To terminate employment of 10 or more employees at once within any 4 week period, employer must give a copy of notice to the Minister, each terminated employee and any trade union or bargaining agent: 2-62(1). Copies of notice may be given concurrently with notice required in s. 2-60: (3)
EXEMPTIONS Special rules exist for certain firefighters related to hours and conditions of work: 2013, c.S-15.1, s.2-22.
This document is not intended to create an attorney-client relationship. You should not act or rely on any information in this document without first seeking legal advice. This material is intended for general information purposes only and does not constitute legal advice. If you have any specific questions on any legal matter, you should consult a professional legal services provider.

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