Saskatchewan Leave Laws
Paid federal statutory holidays
- New Year’s Day – 1st January
- Good Friday – 2 days before Easter Sunday
- Victoria Day – Monday preceding May 25th
- Canada Day – 1st July
- Labour Day – first Monday of September
- Thanksgiving Day – second Monday of October
- Remembrance Day – 11th November
- Christmas Day – 25th December
- Boxing Day – 26th December
Provincial Paid holidays
Saskatchewan has an additional holiday:
- Family Day – 3rd Monday of February
- Saskatchewan Day – 1st Mondays of August
Businesses are not required to close, but most operate on reduced hours. To be eligible to work, the employee must have worked at least four weeks prior to the holiday. Eligible Pay Rate and/or Entitlement:
- If the holiday falls on a regular workday: Stat pay + 1.5 times regular rate for hours worked
- If the holiday falls on a non-working day: Regular day wage + 1.5 times regular rate for hours worked.
- When New Year’s Day, Christmas Day, and Remembrance Day fall on a Sunday, the next Monday is a day off with pay.
In Saskatchewan, employees are entitled to 3 consecutive weeks of vacation leave for the first nine years of employment and 4 consecutive weeks of leave after nine years of employment.
Employees are entitled to vacation pay of 6% of gross wages for the first nine years of employment and 8 % of gross wages after nine years of employment.
The rollover policy
- Statutory Provisions Addressing Vacation Pay
Vacation is considered earned wages.
- Use-It-or-Lose-It Policy
In Canada is illegal to use the policy.
- Payment of Accrued Vacation upon Termination
The employee’s earnings must be paid upon termination of employment. Payment must be made within 14 days after the day that the employment ends.
- Vacation and PTO
Vacation pay is calculated as a percentage of the gross wages an employee earns during the “year of employment”.
- Personal leave and Family leave – Sick Leave
Saskatchewan has no additional laws regarding sick leave.
Maternity and Parental Leave
Maternity Leave Employees who have been employed for the same employer at least 13 weeks are entitled to up to 19 weeks of job-protected unpaid leave. The leave can start any time in the 13 weeks prior to the estimated date of birth or any time in the eight weeks prior to the estimated birth date if the employee has failed to give the employer the required notice and medical certificate. Four weeks’ notice is required. Employees are entitled to an additional 6 weeks if they are unable to return to work after the expiration of maternity leave; at least 6 weeks if the expected date is later than the estimated date. An employee is entitled to up to 15 weeks of leave if the employee fails to provide a notice to the employer.
Parental leave can be taken immediately after the maternity or adoption leave or separately.
Eligible employees who have not taken maternity or adoption leave are entitled to up to 71 weeks of unpaid leave. Leave must be taken in a period between 13 weeks before the estimated date of birth and 86 weeks after the actual date of birth or the date the child comes into the employee’s care. Four weeks’ notice is required before the beginning of leave.
Employees who have taken maternity or adoption leave before are entitled to up to 59 weeks. Leave must be taken consecutively with maternity or adoptive leave. Leave must be taken in period between 13 weeks before the estimated date and 78 weeks after the actual date of birth or date the child comes into the employee’s care. Four weeks’ notice is required before the end of maternity or adoption leave.
Jury Duty Leave
All employers must allow employees to take unpaid leave in order to attend court as jurors.
- Employees who have worked for the employer for at least 13 consecutive weeks are entitled to up to 5 days of unpaid leave due to the death of an immediate family member. Leave must be taken within the period beginning one week before and ending one week after the funeral relating to the death of a family member. Crime-Related Child Death or Disappearance LeaveEligible employees are entitled to up to 104 weeks of job-protected unpaid leave in case of death or the disappearance of a child as a result of a crime. Notice is required.
Compassionate Care Leave, Leave Related to Critical Illness, Adoption Leave and Interpersonal Violence Leave
Compassionate Care Leave
Eligible employees are entitled to up to 28 weeks of job-protected unpaid leave within 52- week period to provide care and support to a family member who is gravely ill and who has a significant risk of death within 26 weeks. Leave can be taken consecutively or in multiple periods of time, no shorter than a week. This applies to an employee’s family members and family members of an employee’s spouse or a common-law partner. Written notice is required. Certain employees may be eligible to receive Employment Insurance Compassionate Care Benefits.
Leave Related to Critical Illness
Eligible employees are entitled to up to 37 weeks of job-protected unpaid leave within a 52-week period to provide care and support to a critically ill or injured child under the age of 18. Leave can be taken consecutively or in multiple periods of time, no shorter than a week. Employees may be eligible to receive Employment Insurance special benefits for Parents of Critically Ill Children. Written notice and a medical certificate are required.
Employees are entitled to up to 17 weeks of job-protected unpaid leave to care for an adult family member who is critically ill or injured. Written notice and a medical certificate are required.
Interpersonal Violence Leave
Eligible employees are entitled to up to 10 days of job-protected leave due to interpersonal violence or any form of sexual violence. The first five days of leave are paid and the other five days of leave are unpaid. An employee is eligible for leave if the employee or employee’s children are the victims of violence. Leave can be taken for the following reasons:
- To seek medical attention;
- Obtain services from a victims services organization;
- Obtain psychological or other professional services;
- Relocate, either temporarily or permanently; or
- Seek legal or law enforcement assistance and attend court appearances.
An employee must provide written evidence.
The primary caregiver of an adopted child can take 19 weeks of adoption leave. Only the primary caregiver of an adopted child can get adoption leave. The adopting family decides who the primary caregiver will be.
Eligible employees are entitled to job-protected unpaid leave as long as it is required to perform their duties, including training and active service. Active service would include a regular deployment or a deployment in response to an emergency. Written notice is required. An employer may require the employee to provide confirmation from a reserve force official of the employee’s reserve force status.
For more on Saskatchewan Leave Laws, you can consult this government website.
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