Navigating the 2025 Amendments to The Saskatchewan Employment Act: A Comprehensive Guide for Employers
In May 2025, the Government of Saskatchewan introduced substantial amendments to The Saskatchewan Employment Act, marking the most significant update in years. These changes aim to reduce administrative burdens on employers while strengthening employee protections and clarity in workplace practices. For Saskatchewan employers, understanding these updates isn't just about compliance—it’s about fostering a responsible, future-ready workplace.
This guide breaks down the changes, explores what they mean for businesses, and outlines the steps you should take to embed compliance into your organization’s operations and culture.
Key Amendments to The Saskatchewan Employment Act
Definition of a "Day" for Overtime Calculations
Previously, a "day" was generally interpreted as a calendar day for overtime purposes. Under the new amendments, employers can now define a "day" as either a calendar day or any 24-hour period.
Implications:
Offers flexibility in shift planning and aligning work schedules with operational needs.
Must be consistently defined in your scheduling policies and communicated clearly to employees.
Regulation of Tips and Gratuities
Employers can no longer withhold, deduct, or redistribute tips and gratuities except where required by law or for a valid tip pooling arrangement.
Implications:
Employers must ensure systems (especially in hospitality and service sectors) are set up to route all tips appropriately.
Documentation for any pooling arrangements should be detailed and consent-based.
Sick Leave and Medical Note Requirements
Employers are restricted in their ability to request medical certificates. These may only be requested when:
The employee has been absent for more than five consecutive working days; or
The employee has had two or more non-consecutive absences within the past 12 months due to illness or injury.
Implications:
Reduces administrative overhead and protects employee privacy.
Encourages trusting and supportive attendance policies.
Expanded Leave Provisions
Long-Term Sick Leave extended to 27 weeks to align with federal EI.
Maternity Leave now includes pregnancy loss up to 20 weeks before the due date.
Bereavement Leave now allows leave up to six months after a death or pregnancy loss, including for chosen family.
Interpersonal Violence Leave added: Up to 16 weeks unpaid leave, supplementing the 10-day (five paid, five unpaid) entitlement.
Implications:
These changes require updates to HR policies, payroll systems, and employee handbooks.
A compassionate and inclusive leave framework may improve employee well-being and retention.
Group Termination Notice Threshold
The threshold requiring notice of group termination has increased from 10 to 25 employees.
Implications:
Offers more flexibility in restructuring smaller operations.
Still requires thorough planning and documentation for larger layoffs.
Director’s Authority to Order Reinstatement and Compensation
The Director of Employment Standards now has power to order reinstatement and compensation in cases of discriminatory action.
Implications:
Stronger enforcement of anti-discrimination measures.
Urges employers to be diligent in documenting and justifying all termination and disciplinary actions.
Modified Work Arrangements and Days Off
Part-time employees can join modified work arrangements.
Retail workers now require only one day off per week, instead of two consecutive days.
Implications:
Greater flexibility for part-time and shift-based roles.
Redefine scheduling and overtime policies to reflect these options.
Wage Deductions and Payment Flexibility
Employers can deduct for salary advances, training, and housing allowances with written consent.
Clarifies that wages can be paid in cash.
Implications:
Require updates to pay policies and systems.
Ensure transparency and documentation of employee authorizations.
Implications for Businesses
Operational Flexibility
These changes grant employers more leeway to design work schedules and policies that better fit operational realities, especially in shift-oriented industries like retail, hospitality, and healthcare.
Strengthened Employee Protections
Amendments emphasize equity, support during life crises, and protection from arbitrary or discriminatory actions—encouraging more human-centered workplaces.
Compliance and Risk Mitigation
Failure to comply could lead to reinstatement orders, back pay liabilities, or legal action. Investing time in reviewing policies now mitigates these future risks.
Steps to Ensure Compliance and Embed the Changes
Conduct a Full HR Policy Audit
Review and update your employee handbook and internal policies.
Ensure terminology matches updated definitions (e.g., “day,” leave types).
Update Employment Contracts
Amend contracts to reflect new scheduling, pay, and deduction options.
Include clauses for tip pooling, modified work arrangements, and flexible leave.
Communicate Clearly and Proactively
Hold information sessions or distribute clear, plain-language memos.
Reiterate changes via onboarding materials and employee training.
Train Your Managers and Supervisors
Focus on handling leave requests, preventing discrimination, and scheduling.
Provide tools to help them stay consistent in applying updated policies.
Improve Documentation Practices
Keep records of all changes, employee acknowledgements, and consents.
Use digital HR systems where possible to streamline tracking.
Seek Legal or HR Expert Review
Ensure legal compliance with help from HR professionals or legal counsel.
Consider an annual policy refresh tied to any provincial legislative updates.
Build Compliance Into Culture
Foster a workplace culture where compliance isn’t just a checklist but an ongoing conversation.
Empower employees to ask questions and raise concerns.
The 2025 changes to The Saskatchewan Employment Act are more than regulatory shifts—they signal a broader cultural move toward modernizing workplaces. Employers have an opportunity to lead with intention, updating their practices not just to comply but to create safer, more inclusive, and adaptable environments. By taking proactive, transparent steps, your business not only avoids risk but also strengthens its workplace culture for the long haul.
Need help with policy audits or staff training? Affective Consulting can support your compliance journey with hands-on expertise and people-centered solutions.
