On December 24, 2025, the Saskatchewan government announced revisions to the Employment Standards regulations. These changes stem from amendments to employment standards introduced in May 2025 and came into force on January 1, 2026.
- Definition of employee: The exemption from the Saskatchewan Employment Standards Act includes a student learner participating in a government-approved training or work experience program.
- Averaging agreements requirements: The Employment Standards Act permits part-time workers to participate in modified work arrangements. It also removes the requirement for modified work arrangements to be renewed every two years.
- Public holiday: Employers may substitute a public holiday with the approval of the majority of employees (except for Remembrance Day), provided that:
- The substituted day takes place within four weeks of the public holiday
- The employer provides a copy of the agreement to employees in a manner that informs them of the agreement; and
- Retain a copy of the agreement for two years after it ceases to be in effect.
- Bereavement Leave: The leave must be taken within six months of the death or loss of pregnancy. Employees will be eligible for five working days of unpaid leave in the case of loss of pregnancy of:
- the employee;
- the employee’s immediate family member; or
- any person, if the employee were a parent to a child born as a result of a pregnancy.
A family member refers to a person whom the employee considers to be like a family member or a close relative.
- Employers may establish a gratuity pooling arrangement allowing them to withhold, deduct, or redistribute employee gratuities.
- Employers, directors, or shareholders generally cannot share in redistributed gratuities;
- An exception allows employers (including directors, shareholders, sole proprietors, or partners) to share if they regularly perform substantially the same work as tipped employees or comparable workers in the industry;
- Employers must clearly post or make accessible the pooling arrangement and retain it for two years after it ends; and
- “Gratuity” includes voluntary tips to employees, payments intended for redistribution, or service charges reasonably assumed to benefit employees.
- Enforcement: A person who has been deemed to have violated Part II of the Saskatchewan Employment Standards Act will be subject to:
- a fine of up to $10,000; and
- for an offence committed within six years of a previous conviction, fines of up to $25,000 for a second offence and $50,000 for a third or subsequent offence.
Additionally, if a compliance audit reveals multiple breaches, the director may impose penalties on the employer.
- Maximum hours: Employers have the option of selecting any period of 24 consecutive hours or a calendar day when determining what constitutes a day for purposes of maximum hours of work.
- Day of rest: Employees must be free from work for eight hours in 24 hours.
- Meals & breaks: Employers may vary meal break requirements with the permission of the Director, if the employer has obtained written consent to the variation from employees. In addition, employers and unions may negotiate different meal break requirements.
- Scheduling: Employers must give employees notice of whether a work day is based on a period of 24 consecutive hours or a calendar day.
- Domestic & sexual violence Leave: 10 days (taken intermittently or continuously) or 16 weeks (taken continuously) in a period of 52 weeks if the employee, a child of the employee or a person for whom the employee is a caregiver has been subject to interpersonal or sexual violence.
- Pregnancy & parental leave: Employees who experience loss of pregnancy within 20 weeks of the estimated due date are entitled to maternity leave.
- Sick leave: Extending serious illness/injury leave to 27 weeks (up from 12 weeks).
- Exempting employees from certain eligibility requirements where the absence is due to a public health emergency.
- Restricting requests for medical notes to absences: more than five consecutive working days; or non-consecutive absences of two or more days occur in the 12 months.
- Group termination: Group notice is required if an employer intends to terminate 25 or more employees within a four-week period (Threshold increased from 10 to 25 employees).
- Termination pay: Where there is no collective agreement, termination pay is amended to provide payments for portions of a period of notice, and to exclude vacation entitlement that would accrue during the notice period.
- Deductions from wages: An employer can make additional deductions from wages, such as:
- Wage advances;
- The costs associated with voluntary training that the employee was not required to obtain; and
- Housing or moving allowances provided with the consent of the employee.
To ensure compliance with these employment standards hanges, employers should take steps to update policies, procedures, and systems; communicate changes to management and employees; and provide training and education to both managers and employees.