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Understanding Saskatchewan’s 
Employment Standards  
saskatchewan.ca
Part II of The Saskatchewan Employment Act: Employment Standards
February 2026

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Please note: The information in this guide is provided for illustration, information and educational purposes only.  
The Saskatchewan Employment Act and The Employment Standards Regulations should be consulted for all purposes 
of legal interpretation and application. 
This guide is not to be used, reproduced, stored, distributed or transmitted in whole or in part for commercial 
purposes without written permission from the Saskatchewan Ministry of Labour Relations and Workplace Safety.

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Table of Contents
Introduction  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
About the Employment Standards Branch  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
Employment Standards Education and Outreach .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 1
Who is Covered in the Act .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 1
Who is not Covered in the Act  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 2
Agriculture Employees   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
Employers Under Federal Jurisdiction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Family Businesses Employing Only Immediate Family Members ..................................... 3
Independent Contractors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Sitters  ............................................................................................. 4
Employment After Sale or Transfer  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
Terms and Definitions  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 
Job Seeker Protection   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
Prohibited Fees for Finding Employment ............................................................ 8
Recovering Illegal Fees ............................................................................. 8
Employment Advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Payment of Wages .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 8
What Employees Must be Paid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
When Employees are Paid ......................................................................... 10
What Must Appear on a Statement of Earnings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
How Employees Must Be Paid  ..................................................................... 10
What Deductions Must be Listed  .................................................................. 11
Protection of Gratuities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Employment Record Keeping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Payment Discrimination (Equal Pay) .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 14
Benefits for Part-time Employees .................................................................. 15
Discriminatory Action   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17
Work Schedules, Modified Work Arrangements (MWAs), and Permits .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 19
Work Schedules ................................................................................... 19
Modified Work Arrangement (MWA) ............................................................... 21
Permits to Vary Some Rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Work Time and Overtime   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28
Permitted to Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
At the Disposal of the Employer  ................................................................... 28
On Call  ........................................................................................... 28
Travel Time As Work Time. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Overtime Rate  .................................................................................... 29
Overtime in a Day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

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Overtime in a Week ........................................................................................... 30
Overtime by the Day and Week. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31
Overtime in a Modified Work Arrangement or Averaging of Hours Permit ....................................... 31
Overtime for Salaried Employees  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Calculating Overtime for Employees Paid by the Day ........................................................... 32
Calculating Overtime for Employees Paid by the Week. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32
Calculating Overtime for Employees Paid by the Month ........................................................ 32
Calculating Overtime for Employees Paid by a Basis Other Than Time ........................................... 33
Overtime Exemptions ......................................................................................... 33
Special Overtime Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33
Overtime Banks ............................................................................................... 34
Vacation and Vacation Pay  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35
Vacation Entitlements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35
Paying Vacation Pay ........................................................................................... 36
Vacation Pay on Termination of Employment ................................................................... 36
Vacation Entitlements After Change of Ownership ............................................................. 36
Taking Vacation ............................................................................................... 36
Calculating Vacation Pay ...................................................................................... 37
Paying Vacation Pay at the End of Employment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37
Using Vacation Pay When Employees are Away Due to Illness ................................................... 37
Wages and Vacation Pay ....................................................................................... 38
Public Holidays While on Vacation ............................................................................. 38
Cancelling an Employee’s Vacation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38
Public (Statutory) Holidays .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 38
Paying Employees in a Week Containing a Public Holiday ....................................................... 38
Special Public Holiday Pay Rules  ............................................................................... 41
Public Holidays Falling on Sunday . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41
Observing a Public Holiday on a Different Day  ................................................................. 42
Job-Protected Leaves of Absence   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43
Leave Requirements  .......................................................................................... 43
Employment Leave Types . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45
Family Leaves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45
Service Leaves ................................................................................................ 49
Health Leaves. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .51
Interpersonal Violence Leave .................................................................................. 55
Public Health Emergency Leave  ............................................................................... 56
Absence From Work Due to Illness or Injury .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 58
Missing Work Due to an Illness or Injury. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .58
Missing Work Due to a Family Member’s Illness or Injury. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59
Duty to Accommodate Disabled Employees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59
Layoff and Termination  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59
Individual Termination by an Employer or Resignation by Employee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59
Group Termination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .63
Individual Termination by the Employee (Quit or Resignation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .64
Care Providers and Domestic Workers  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .66

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Employee Living Accomodations  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .67
Youth in the Workplace  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .67
Minimum Age of Employment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Young Worker Readiness Certificate Course ........................................................ 68
Complaints and Enforcement  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69
Filing Complaints with Other Jurisdictions ......................................................... 69
Formal Complaint. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Anonymous Complaint. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
After Submitting a Complaint  ..................................................................... 71
Protection for Employees Filing Complaints. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Information Sharing  .............................................................................. 72
What Employment Standards will do if Wages are Owing ........................................... 72
Complaints Regarding Discriminatory Action  ...................................................... 72
Wage Assessment  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .73
How to Appeal a Wage Assessment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Appeal Deposit ................................................................................... 74
Who Hears the Appeal  ............................................................................ 74
Appealing an Adjudicator’s Decision ............................................................... 74
Withdrawing an Appeal ........................................................................... 75
How Employment Standards Collects Wages  ...................................................... 75
Enforcement of Non-monetary Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Foreign Worker Protection .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 76
Education and Resources  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .76
Contact Information  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .78

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1
A Guide to Employment Standards in Saskatchewan
Introduction
Employment standards are the minimum employment rules that employers and employees 
must follow for work performed in Saskatchewan. This guide is intended to provide basic 
employment standards information as set out in Part II of The Saskatchewan Employment 
Act (the Act). 
Employers can choose to exceed these standards in contracts of employment, but cannot 
offer their employees less. Even if an employee accepts less, the employer will be required to 
provide the minimum provisions to be in compliance with the Act.
Employees and employers have rights and responsibilities under the Act. If anyone believes 
the Act is not being followed, contact the Employment Standards Branch of the Ministry of 
Labour Relations and Workplace Safety to learn more, including how to file a complaint.
About the Employment Standards Branch
The Employment Standards Branch serves employers and employees in Saskatchewan 
in support of fair and equitable workplace practices. The branch promotes and enforces 
employment standards and ensures that employees and employers are aware of their 
rights and responsibilities. Employment Standards does not represent the employer or the 
employee in any situation - their role is to ensure compliance with the legislation. 
Employment Standards Education and Outreach
Anyone can access free webinars that provide information about employment standards in 
Saskatchewan. Employment Standards also offers free, customized training sessions. Please 
visit saskatchewan.ca for more information. 
Who is Covered by Employment Standards in the Act
The employment standards in the Act applies to most employees and employers in the 
province. An employee includes a person:
•  receiving or entitled to wages, including those that the employer is training or is on 
employment leave, and
•  whom an employer permits, directly or indirectly to perform work or services for them.
This includes unionized employees and employers, so collective agreements cannot provide 
less than the minimum rights under the Act. Unionized employees have access to their 
grievance process to protect their rights, therefore, Employment Standards will direct 
unionized employees to their union to initially resolve issues.
An employer is considered to be a person/business who employs the service of one or 
more employees and is responsible for payment of or for receipt of wages by, employees. 
Employment standards only apply where there is an employer-employee relationship.
Foreign workers are covered under the Act like any other employee working in provincially-
regulated workplaces in Saskatchewan.

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Who is Not Covered by Employment Standards in the Act
Saskatchewan’s employment standards do not apply to some employers and employees. 
These include, but are not limited to:
• athletes while participating in their athletic endeavour;
• federally-regulated businesses and industries;
• employees who work primarily in another province or a territory;
• family businesses that employ only the employer’s immediate family 
members;
• sitters; and
• student learners (the Act applies to interns).
Agricultural Employees
While employees and employers in primary production on farms, ranches and market 
gardens (e.g. labourers) are exempt from the majority of minimum standards, some 
provisions allow Employment Standards to enforce wages under employment contracts. In 
these cases, Employment Standards can investigate complaints, assess and collect unpaid 
wages owing to these employees when terms are clear and evidence is available.
Agricultural employees that continue to be fully covered under the Act include:
• the operation of egg hatcheries, greenhouses and nurseries;
• bush clearing operations;
• commercial hog operations;
• non-agricultural businesses run from farms, ranches and market gardens;
• farm employees who are not directly involved in the primary food production, such as 
bookkeepers, mechanics, etc.;
• employees involved in secondary production, such as food processing operations 
including the making of wine, jams, soup mixes, pasteurized honey, etc.; and
• commercial enterprises that provide farm services such as custom seeding, custom 
combining, feedlots, corral cleaning, horse boarding, etc.
Employers Under Federal Jurisdiction
Employers in the following business sectors or industries are likely operating under federal 
jurisdiction and would follow the Canada Labour Code:
• banks;
• air transportation, including airports and airlines;
• telephone, telegraphs and cable systems;
• grain elevators and seed mills;
• uranium mining and processing;
If you work 
in another 
province, the 
rules in that 
province  
apply.

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A Guide to Employment Standards in Saskatchewan
• First Nations government activities (however some First Nations-owned employers must 
follow Saskatchewan’s employment standards if the work is provincial regulated e.g. 
retail operations); and
• inter-provincial and international trucking/transportation.
Family Businesses Employing Only Immediate Family Members
Family businesses employing only the employer’s immediate family members are exempted 
from employment standards. The term “employer’s immediate family” is defined as:
• a spouse of the employer or a person with whom the employer cohabits and has 
cohabited as a spouse in a relationship of some permanence;
• a parent, grandparent, child, grandchild, brother or sister of the employer; or
• a parent, grandparent, child, grandchild, brother or sister of the spouse of the employer 
or of a person mentioned in subclause (i) with whom the employer cohabits.
Example:
An employer hires their spouse and sister to work in the business. As these two employees 
are members of the employer’s immediate family, the business is exempt from employment 
standards.
The employer then hires a third cousin. The new employee is not part of the employer’s 
immediate family, so all employees, including those in the employer’s immediate family, are 
now covered by employment standards.
Independent Contractors (Gig Workers)
Independent contractors are normally individuals in business for themselves and not 
employees. If this type of contractor has no employees, they are neither employers nor 
employees – they are self-employed. Saskatchewan employment standards do not apply to 
them.
If an employer initially contracts with a self-employed individual and treats that person as 
an employee, what was once a business-to-business contract can become an employment 
relationship and employment standards would apply.
Independent Contractor Versus Employee
The more control or direction an employer has over an independent contractor’s work, 
the more likely an employer-employee relationship exists. For example, if in dealing with 
another business a contractor:
• is assigned work and is told when, where and how this work is done;
• is supplied materials, tools and equipment to perform the work; or
• is otherwise integrated into the other business,
then there is a good chance that the contractor is no longer in business for themselves and 
is an employee.

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Independent contractors:
• are in business for themselves;
• negotiate business-to-business contracts for how, when and where their work is 
performed;
• can contract work with multiple clients (other customers);
• provide their own tools, supplies and equipment; and
• risk their own capital, taking profits and losses.
Childcare providers (where a parent brings a child to the home of the provider for care for a 
fee) are considered independent contractors. Therefore, employment standards don’t apply 
to childcare providers.
Sitters
Employment standards do not apply to sitters.
A sitter includes the traditional sitter who comes into a private home occasionally to provide 
care and supervision to children (or anyone incapable of independent living) while parents 
or other custodians run errands, go shopping or are away from the home. Sitter also refers 
to a worker who relieves a proprietor of an ‘approved home’ for a period of not more than 
21 days in a year and whose wages are subsidized.
Student Learner: 
A person who is enrolled at a provincially recognized educational institution and is receiving 
skills training required by their program; or, a person given training or work experience 
through a government program.
Employment After Transfer or Sale of Business
An employee’s employment is not broken if they continue to be employed with the business 
after a date of sale, lease, or transfer. Service the previous owner would be included in 
calculating vacation entitlements and notice for termination or layoff.

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A Guide to Employment Standards in Saskatchewan
Terms and Definitions
Here are some frequently used terms. More definitions can be found in the legislation. 
Day:
For the purpose of scheduling hours of work and calculating overtime, employers can 
choose to define a day as:
• Any period of 24 consecutive hours starting at the time the employee is scheduled to 
begin working, or
• A calendar day.
Employers may define the day for each employee or group of employees, but it must be 
applied consistently. Employers must inform employees how the day is defined in their work 
schedule notices. 
Regardless of how the day is defined, employers must provide at least eight hours of rest in 
any twenty-four consecutive hours, except in an emergency circumstance.   An emergency 
circumstance is a situation with an imminent risk or danger to a person, property or an 
employer’s business that could not have been foreseen by the employer.
For any other purpose, a day is a calendar day.
Discriminatory action: 
• Any action or threat of action by an employer that does or would adversely affect an 
employee with respect to any terms or conditions of employment or opportunity for 
promotion, and includes termination, layoff, suspension, demotion or transfer of an 
employee, discontinuation or elimination of a job, change of a job location, reduction in 
wages, change in hours of work, reprimand, coercion, intimidation or the imposition of 
any discipline or other penalty but does not include:
 ¾ any reassignment of duties for the reasons set out in section 2-41 (employer must 
reassign employee or modify employee’s duties due to a disability) or subsection  
2-49(4) (accommodation due to pregnancy); or
 ¾ any other prescribed action in the regulations.
Emergency: 
• A situation where there is an imminent risk or danger to a person, property or an 
employer’s business that could not have been foreseen by the employer.
Employee:
• Includes a person whom an employer permits, directly or indirectly, to perform work 
or services and receives or is entitled to wages (including those being trained or on 
employment leave)

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Employee’s immediate family: 
• The employee’s spouse, parent, grandparent, child, grandchild, brother or sister or the 
spouse of the brother or sister; or
• the employee’s spouse’s parent, grandparent, child, grandchild, brother or sister or the 
spouse of the brother or sister.
Employer:
• A person/business who employs the services of one or more employees and is 
responsible for payment of, or for receipt of wages by, employees. Employment standards 
only applies where there is an employer-employee relationship.
Employer’s immediate family: 
• A spouse of the employer or a person with whom the employer cohabits and has 
cohabited as a spouse in a relationship of some permanence;
• a parent, grandparent, child, grandchild, brother or sister of the employer; or
• a parent, grandparent, child, grandchild, brother or sister of the employer’s spouse or 
cohabitant as a spouse.
Gratuity (tip):
• A payment voluntarily made to or left for an employee by a customer intended or 
assumed it to be kept by the employee or shared with other employees;
• a payment voluntarily made to an employer by a customer that is reasonable that the 
customer intended or assumed it to be for an employee or employees; or
• a service or similar charge on a customer by an employer that the customer reasonably 
intended or assumed it to be for the employee or employees.
Intern:
• A person who performs work or services for an employer normally performed by an 
employee, or is being trained by an employer for the business. Interns are fully protected 
under the Act.
Layoff: 
• The temporary interruption by an employer of the services of an employee for a period of 
more than six days in a row.
Spouse, with respect to an employee: 
• The legally married spouse of the employee; or
• a person with whom the employee cohabits and has cohabited as spouses:
 ¾ continuously for a period of not less than two years; or
 ¾ in a relationship of some permanence if the person and the employee are the parents 
of a child.

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Student learner:
• A person who is enrolled at a provincially recognized educational institution and is 
receiving skills training required by their program; or
• a person given training or work experience through a government program.
• The Act does not apply to student learners. 
Wages
• Salary, commission and any other monetary compensation for work or services or for 
being at the disposal of an employer (e.g. contractual performance bonuses or incentives, 
based on results).
• Wages include overtime, public holiday pay, vacation pay, pay for working on a public 
holiday and pay instead of notice. 
• Tips, gratuities and discretionary bonuses are not considered wages.
Week:
• For the purposes of scheduling, hours of work and overtime:
 ¾ the period between midnight on a Saturday and midnight on the following Saturday; 
or
 ¾ any other period of seven consecutive days that the employer has consistently used 
when determining the schedule of an employee.
• For all other purposes, a period of seven consecutive calendar days. For example: 
vacation leaves and notice periods.

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Job Seeker Protection
Fees for Finding, Offering or Providing Employment
No person can request, charge or receive payment for seeking, obtaining, or employing another 
person, or for providing information about employers seeking employees. Employers, recruiters and/or 
employment agencies cannot charge job seekers for information about jobs or for finding or getting a 
job. Employers are also prohibited from requiring an employee to return wages for these purposes.
Recovering Illegal Fees or Charges
If a person pays an employer or an employment agency for a job, either up-front, as a fee, 
or later through a deduction from wages, Employment Standards can recover that money as 
unpaid wages.
Employment Advertising
Job seekers may pay fees to advertise their availability as part of a job search.  
Note: Individuals who are recruiting foreign workers are required to be licensed. Please visit 
saskatchewan.ca for more information about foreign worker recruitment and immigration 
consultant licensing and responsibilities.
Payment of Wages
What Employees Must be Paid
Most employees must be paid at least minimum wage for time their employer requires 
or permits them to work, or are at the employer’s disposal, which is generally when the 
employee is waiting for work on the employer’s time, not their own. 
To find the current minimum wage in Saskatchewan, visit saskatchewan.ca.
Employees Who Do Not Have to be Paid the Minimum Wage
Some employees do not have to be paid the minimum wage. These include:
• farming, ranching or market garden labourers;
• care providers employed in private homes (but live in care providers must be paid 
minimum wage for the first eight hours in a day);
• sitters (only those that are of a very temporary or sporadic nature);
• athletes while engaged in their athletic endeavour;
• volunteers for non-profit organizations; and 
• individuals who have a physical or mental disability or impairment and work for a 
non-profit organization or institution in programs that are educational, therapeutic or 
rehabilitative.
Due to the very limited application of a minimum wage exemption, check the legislation

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and/or contact Employment Standards for more information.
Reporting for Duty Pay
Most employees receive a minimum payment (called reporting for duty pay) every time they 
must report for work at the employer’s workplace, other than for overtime. Employees who 
report to work must receive at least three hours pay at the employee’s hourly wage, even if 
there is no work to do or the employee works for less than three hours.
For example, an employee earning $15.35 an hour is scheduled for their regular four hour 
shift. The employer cancels the employees shift without telling the employee. The employee 
shows up for their shift and now the employer must pay the employee $46.05 in reporting 
for duty pay for reporting to work. 
Reporting for Duty Pay and Overtime
Employees called in to work overtime receive their overtime pay rate for each hour worked. 
Reporting for duty pay rules do not apply to overtime work. 
For example, an employee earning $15.35 per hour who is called in to work for one hour 
of overtime would receive $23.03 in overtime pay ($15.35 x the overtime rate of 1.5), not 
$46.05 in reporting for duty pay. See Overtime for more information.
Reporting for Duty Pay and Work on Public Holidays
Regular reporting for duty pay rules apply on public holidays. However, the employee earns 
whichever is greater: reporting for duty pay or wages for the hours worked on the public 
holiday. (Pay for each hour worked on a public holiday is 1.5 times the employee’s hourly 
wage rate.) 
For example, an employee earning $15.35 per hour is required to work for one hour on a 
public holiday. They would receive $46.05 ($15.35 x 3 = $46.05) in reporting for duty pay 
because this is greater than $25.03 ($15.35 x 1 .5 x 1 hr. = $23.03) in wages for working on 
a public holiday. See Public Holidays for more information.
Reporting for Duty Pay Exceptions and Special Rules
Reporting for duty pay is a minimum of one hour at the employee’s hourly wage for:
• students working within the school term;
• school bus drivers employed by a school board to transport students to and from school; 
and
• noon hour supervisors employed by a school board. 
For example, a primary or secondary student earning $15.35 an hour who is called in to 
work for 30 minutes on a school day must be paid at least $15.35. If the student works for 
two hours, they must be paid $30.70
Regular reporting for duty pay rules apply to these employees during school breaks and 
vacations.

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Regular reporting for duty pay rules apply to post-secondary students all year.
When Employees Are Paid
Employers must pay employees all wages they are entitled to on their scheduled pay day. 
Monthly salaried employees must be paid at least once every month. Employees paid by the 
hour, or in some other way, must be paid at least semi-monthly or every 14 days. 
Employees must be paid within six days of the end of the payroll cut off. For example, if the 
payroll cut off is March 17th, the employees must be paid no later than March 23rd. 
Deadline for Being Paid After Your Last Day of Work
The employer must pay all outstanding wages (such as vacation pay or pay for banked 
overtime hours) to employees within 14 days of their last day of work. 
Regular pay days must be maintained. If a pay day falls within the 14-day period, then the 
employer must provide an employee’s normal pay on that day. Any outstanding wages must 
be paid out within 14-days from the last day worked.
What Must Appear on a Statement of Earnings
Employers must provide employees a statement of earnings or pay stub on each pay day, 
and when making payments of wage adjustments. They must also maintain payroll records 
required by the legislation. Unless proven otherwise, wages not included on pay statements 
are not considered paid.
The statement of earnings must be separate from the wage cheque. It must list:
• the name of the employee;
• the start and end dates of the period for which the payment is made;
• regular, overtime and public holiday hours worked;
• the rate of pay;
• the amount paid for each of wages, overtime and public holiday pay and work on a 
public holiday, vacation pay and pay instead of notice;
• the employment or category of employment for which payment of wages is being made;
• the amount of total wages or earnings;
• an itemized list of any deductions made from wages;
• total earnings; and
• the actual amount of the payment being made.
Ideally, the statement of earnings should have the name and address of the employer. 
How Employees Must Be Paid
An employer must pay all wages to an employee in Canadian dollars:
• in cash;
• by cheque drawn on a bank, credit union or trust corporation; or

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A Guide to Employment Standards in Saskatchewan
• by deposit to the employee’s account in a bank, credit union or trust corporation.
Electronic Pay Statements
Employers can provide electronic statements of earnings pay system. However, employees 
must be able to access the system to print a copy for their records, at work or remotely.
Unrecorded Payments
Unless the employer can show otherwise, wages and other amounts that are not shown on 
the statement of earnings or in payroll records are considered not to have been paid.
What Deductions Must be Listed
Deductions required by law include: 
• Income tax;
• Canada Pension Plan (CPP); and
• Employment Insurance (EI). 
Other allowable deductions include:
• employee contributions to pension plans or registered retirement savings plans, or other 
benefit plans;
• charitable donations voluntarily made by the employee;
• voluntary contributions by the employee to savings plans or the purchase of bonds;
• initiation fees, dues and assessments to a union that is the bargaining agent for the 
employee;
• court-ordered maintenance payments;
• voluntary employee purchases from the employer for any goods, services or 
merchandise;
• wage advances;
• costs of voluntary training not required by the employer; and
• housing or moving allowances agreed to by the employee.
Deductions
Unless the employer obtains a court judgment, an employer may not, directly or indirectly, 
withhold, deduct, or require payment of all or part of an employee’s wages for any purpose. 
Examples that are not allowed include deductions for alleged:
• theft;
• damage;
• breakage;
• poor quality work;
• employment fees or costs;
• damage to employer’s property including accidents involving employer vehicles or 
equipment; or

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• failure to collect payment by a customer, including “dine-and-dashes” and shoplifting.
For example, an employee is working alone at night in a gas bar. A customer arrives, fills 
their tank with gasoline, and leaves without paying. The employer is not allowed to deduct 
the unpaid gasoline cost from the employee’s wages.
In addition, employers cannot require employees to return wages. 
Employers cannot require employees to purchase goods, merchandise or services from the 
employer as a condition of employment. 
Uniforms and Special Clothing 
An employer who requires an employee to wear uniforms or special clothing that identifies 
the employer’s business must provide it at no cost to the employee. The employer cannot 
charge a deposit on uniforms. 
A uniform is not clothing required by the employer that can normally be worn off the job 
such as black pants and a white shirt.
In addition, employers in restaurants, hotels, nursing homes, hospitals, or educational 
institutions who require their employees to wear a uniform must provide laundry services 
and repair the uniform at no cost to the employee. Registered nurses are exempt from this 
provision.
Protection of Gratuities (Tips)
An employer must not withhold, make deductions from, or make an employee return any of 
their gratuities, unless required by legislation or a pooling arrangement. 
Employers may not withhold, deduct, or require gratuities from employees who earned 
them. Employers may not keep gratuities earned by the employee to cover any business 
costs, such as theft, errors, damage, or wages.
However, employers who have collected tips through payment systems may deduct 
statutorily required amounts, such as for income tax, employment insurance premiums 
and Canada Pension Plan contributions.  Employers are not allowed to deduct more than 
required by statute and only if the money is remitted to the proper authority (e.g. Canada 
Revenue Agency).  
Pooling Arrangements
Employers may require employees to contribute their gratuities to a pooling arrangement for 
redistributing tips to other employees.
Employers must ensure employees know about any pooling  arrangement by posting the tip 
pooling arrangement in a clearly visible location in the workplace or on a secure website 
accessible by employees, or any other manner that ensures employees are aware of it.
The employer must keep the record of any pooling arrangement for two years after 
the arrangement ends. Pooling arrangements would typically detail the participants, 
contribution and distribution rules, and record-keeping.

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Managers, sole proprietors, partners, directors or shareholders may participate in the tip 
pool if they regularly perform the same work as the employees included in the pool or as 
employees of other employers in the same industry to receive or share tips.
Employees whose gratuities have been withheld by the employer for a pooling arrangement 
but not distributed are entitled to recover those tips. However, this does not apply to 
employees who may not have received their share.
Enforcement
While tips are considered employment income by federal law, they are not wages under The 
Saskatchewan Employment Act. Therefore, tips are not included when calculating: 
• an hourly wage;
• pay instead of notice;
• public holiday pay;
• vacation pay; and
• the employee’s overtime rate.
However, Employment Standards may recover tips taken by the employer in contravention 
of the legislation in the same manner as wages. Enforcement may include Employment 
Standards issuing a wage assessment and filing a judgment with the Court of King’s Bench if 
the employer owes the employee tips. 
Employers can only require tips to be contributed to pooling arrangements. For example, 
contributions to a pool that require an employee to contribute based on sales are limited to 
the actual tips received. Employers can’t require employees to contribute wages to tip pools.
Employment Record Keeping
All employers must keep records for each employee, including:
• the particulars of every unwritten employment contract;
• a copy of every written contract for wages or other monetary benefits or compensation;
• the name and address of the employee;
• a brief job description;
• the start and end dates of employment;
• hours at which work begins and ends each day;
• the times for breaks;
• the total number of hours worked each day and each week;
• the regular rate of pay (hourly wage);
• total wages paid;
• dates on which each vacation is taken;
• the amount paid to the employee with respect to each vacation to which the employee is 
entitled and the date of payment;

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• the amount paid to the employee with respect to each public holiday and the date of 
payment; and
• all deductions from wages and the reason for each deduction.
Employers must also keep records of all shift schedules stating daily start and end times as 
well as any applicable modified work arrangements and overtime bank agreements.
Records for Employees Whose Work is Ordinarily Performed at Home 
Any employee who works out of their own home is covered by employment standards and 
entitled to the rights and benefits under the legislation, including work schedule rules, 
breaks, leaves, notice of termination, etc.
An employer must keep records showing the address where the work is performed and 
identify the portion of the work done at home. 
Employers must keep the same payroll information as any other employer. As well, home 
workers must be provided with a statement of earnings. 
Self-employed persons without employees who use their home as a base of operations are 
not covered by employment standards.
Employees Working From Home 
As the Act applies to employees working from home, an employer must keep records 
showing the address where the work is performed and identify the portion of the work done 
at home. Employers must keep the same payroll information as required for any employee. 
As well, home workers must be provided with a statement of earnings.
How Long Records Must be Kept
For current employees, records must be kept for the most recent five years of the employee’s 
employment. 
After an employee leaves a job, records must be kept for an additional two years. 
Modified work arrangement agreements must be kept for five years after they end.
Contacts for Income Tax and Records of Employment (ROEs)
Contact the Canada Revenue Agency (CRA) online at canada.ca or toll-free:1-800-959-5525 
for information about income tax, T4 slips, EI and CPP contributions.
Contact Service Canada online at canada.ca or toll-free at 1-800-206-7218 to get information 
about a record of employment (ROE separation slip). 
Pay Discrimination (Equal Pay)
Employers cannot discriminate against their employees by paying them differently for 
performing similar work based on the employee’s sex, or any of the prohibited grounds in 
The Saskatchewan Human Rights Code.

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Similar work means:
• work for the employer that is done in the same workplace (including different locations 
in Saskatchewan with the same employer);
• under similar working conditions; and
• work that requires similar skill, effort and responsibility to perform.
Acceptable Grounds for Paying Employees Differently
Employers can pay their employees differently if the difference is based on:
• seniority; or
• a merit system.
Using a merit system, employers should ensure that wages paid to employees are based on 
objective criteria such as performance, qualifications, skill requirements and responsibility 
levels.
If Employment Standards investigates a complaint of pay discrimination and it is found to 
be valid, the employer cannot reduce the wages of the higher paid employee(s) to match 
the lower paid employee(s). Instead, the employees’ wages must be increased to match the 
higher paid employees’ wages.
Benefits for Part-Time Employees
Employers with 10 or more full-time equivalent employees who provide benefits to those 
full-time employees must also provide those benefits to eligible part-time employees. The 
calculation of full time equivalent includes all employees of the employer.
Definition of Full-time Employee 
A full-time employee for this provision, is one who works 30 hours or more per week.
Eligible Part-time Employee
An employee eligible for this provision works on average at least 15 hours per week 
following the qualifying period.
Benefit Plans for Part-time Employees
Eligible benefits include dental plans, group life, accidental death or dismemberment plans 
and prescription drug plans.
When Benefits Should Start for a Part-Time Employee
Part-time employees must be offered coverage under the four benefit plans when:
• they have been continuously employed for 26 weeks and have worked at least 390 hours 
in this qualifying period;
• after the qualifying period, they work at least 780 hours in each calendar year; and
• they are not full-time students.

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Benefits for Part-time Managerial and Non-managerial Employees 
Part-time managers are eligible to receive comparable benefits to those received by full-time 
managers. Part-time non-managerial employees are eligible to receive comparable benefits to 
those received by full-time non-managerial employees. 
Benefits for Students Working Part-time
Full-time students are not eligible to receive coverage under the benefits plan. This includes 
students enrolled in 60 per cent of a full course load at a school, university, technical 
institute, regional college or private vocational school.
Maintaining Eligibility
To maintain eligibility, an employee must work at least 780 hours in a calendar year. 
Employees on maternity, adoption or parental leave maintain their eligibility if they would 
have worked 780 hours had the leave not been taken.
How to Notify an Employee Losing Eligibility
When an employer becomes aware that an employee will lose eligibility, the employer must 
advise the employee as soon as possible, in writing, of the loss of eligibility.
Benefit Levels for Part-Time Employees
Part-time employees who work between 15 and 30 hours a week receive 50 per cent of the 
benefits provided to comparable full-time employees. Part-time employees who work 30 or 
more hours in a week receive 100 per cent of the benefits provided to comparable full-time 
employees.
If plan benefits are determined by a formula based on annual earnings, the same formula 
is applied to part-time workers (e.g., group life insurance formula of two times annual 
income).
Benefit levels that must be offered to part-time employees for dental and drug plans are 
“basic plans.” Except for drug plans, an employer can provide plans to part-time employees 
based on employee-only coverage, without coverage for spouses and dependents.
How Contributions for Part-time Employees are Determined
The contributions must be paid in the same way as the payment from full-time employees, 
and be proportional to the level of benefits received.
When an Employer has Employees in More than One Bargaining Unit
Part-time employees should receive the same benefits as the full-time employees in the same 
bargaining unit.

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Discriminatory Action
Protection from Discriminatory Action
An employer must not take any discriminatory action against their employees for any 
prohibited reason.
What is discriminatory action?
A discriminatory action is any action, or threat of action, by an employer that would have a 
negative effect on the employee’s employment or promotion opportunity including:
• Termination or layoff;
• Suspension;
• Demotion or transfer;
• Reduction in pay;
• Change in the hours of work;
• Reprimand; and
• Coercion or intimidation.
What are the prohibited reasons?
An employer must not take any discriminatory action against an employee who:
• is absent from work due to illness or injury, or the illness or injury of dependent 
immediate family members (in accordance with that protection);
• is pregnant or is temporarily disabled because of pregnancy;
• has applied for or taken an employment leave or is otherwise absent from the workplace 
as allowed by the legislation;
• has asked an employer for any rights or benefits under employment standards;
• has filed an employment standards complaint or made an inquiry;
• has requested a modification of their duties or a reassignment to other duties because of 
a disability; 
• has had their wages seized or attached, or
• has reported an offence to a lawful authority, or has been asked to testify with regards to 
an offence
If an employee believes they have been discriminated against for a reason not listed, then 
it would fall outside our Branch’s jurisdiction. The employee could be protected under The 
Saskatchewan Human Rights Code or Occupational Health and Safety.

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An employer who takes a discriminatory action against an employee may show that it was 
not related to one of the prohibited reasons. For example:
• the project that the employee was employed to work on is completed or no longer 
required and all comparable employees are laid off;
• the employer can show other reasons for dismissal, such as performance or misconduct; 
or the employer can show that the employee voluntarily resigned
However, the prohibited reason must not have had any part in the employer’s decision to 
take discriminatory action.
Even if an employer terminates an employee’s employment with notice or pay instead of 
notice, the employer may still be found to have terminated the employee for a prohibited 
reason. If so, the employer may be required to reinstate the employee and pay any unpaid 
wages the employee may have earned had they not been terminated.
Investigating Discriminatory Action Complaints
A formal complaint must be filed to be investigated. If a formal complaint is filed, our 
branch will seek to answer the following:
1. Did the employer take a discriminatory action against the employee?
2. Do any of the relevant prohibited reasons apply to the employee?
3. Was there a link between the action taken and the prohibited reason? That is, did the 
discriminatory action play any role in the discriminatory action?
4. Did the employer take a discriminatory action for another good and sufficient reason?
What happens if unlawful discriminatory action has occurred?
If the investigation confirms that an employee was subjected to discriminatory action 
because of a prohibited reason, the employer will be issued a notice of decision. As a 
remedy, the employer could be ordered:
• To stop the discriminatory action;
• To reinstate the employee;
• To pay the employee lost wages that they would have earned if the discriminatory action 
had not occurred; and/or
• To remove any reprimands or other references to the matter from the employee’s 
employment record. 
What happens if the Branch finds that discriminatory action has not occurred?
If the investigation confirms that the employee was not subject to discriminatory action 
based on a prohibited reason, the employee will be issued a notice of decision outlining why 
not.
Appeals

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Employees and employers may appeal decisions regarding unlawful discriminatory action.
Work Schedules, Modified Work Arrangements and Permits
Work Schedules
Notification of the Hours of Work
Employers must provide work schedules to their employees at least one week before the 
schedule starts. An employer can change an employee’s schedule with less than one week of 
advance notice if unexpected, unusual or emergency circumstances arise. For example, if a 
large storm forces a business to temporarily shut down with very little notice, the employer 
will need to notify employees not to report to work. 
Information that Schedules Must Include
Work schedules must cover at least one week (seven days in a row). The schedule must 
state:
• when work will begin and end each day;
• when meal breaks will begin and end; and
• what definition of a “day” is being used for scheduling, meal breaks, periods of rest, and 
overtime purposes
If there is a change in the days or times in the work schedule provided, a new work schedule 
covering at least one week must be provided at least one week before the start of the new 
schedule.
How Schedules Must be Provided
Schedules can be given to the employee personally, posted in the workplace, posted online 
on a secure website to which the employee has access, or provided in any other manner that 
informs the employee of the schedule.
Permits to Vary the Scheduling Rules
Employers may apply for an authorization from the director of Employment Standards to 
vary the requirement to post a work schedule or a change to the work schedule (see Permits 
for information about how to apply for a permit).
If an employer has unionized employees, the employer may agree with the union for those 
employees to vary the notice of work schedule requirements in the legislation without a 
permit.
Meal Breaks
Most employees are entitled to an unpaid meal break of at least 30 minutes within every five 
hours of work.
An employer must provide an employee with an unpaid meal break at a time or times

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necessary for medical reasons. The employee is expected to work with the employer to set 
up a reasonable accommodation.
When a Meal Break is Paid Work Time
An employer isn’t required to give a meal break where there is an unexpected, unusual, or 
emergency circumstance or it is not reasonable for an employee to take a meal break. 
In these cases, where a meal break isn’t required, employees must be allowed to eat while 
working, after they have worked for five consecutive hours. If an employee is directed to 
work or be at an employer’s disposal during a meal break, the employee must be paid for 
the time. For example, an employee who has been directed to stay in the office over lunch to 
answer phone calls is at the disposal of the employer and must be paid for the time, even if 
no one calls.
Rest Breaks
The legislation does not require the employer to provide rest breaks. However, if rest breaks 
are provided, they are paid and considered time worked.
Permit to Vary the Meal Break Rules
Employers may apply for an authorization from the director of Employment Standards to 
vary the meal break requirements.
If an employer has unionzed employees, the employer may agree with the union for those 
employees to vary the meal break requirements in the legislation without a permit.
Days of Rest in a Week
Rules Applying to Most Employers and Employees
Employees who usually work 20 hours or more per week must receive at least 24 
consecutive hours away from work every seven days (except when fighting forest or prairie 
fires).
Permits to Vary the Rules
Employers can apply for a permit or variance to change the days of rest requirements (see 
Permits for more information).
Period of Rest in a Day
Employees must receive at least eight consecutive hours of rest within any period of 24 
hours unless there is an emergency circumstance.
For example, an employee who works from 4 p.m. to midnight cannot be required to return 
to work until 8 a.m. the next day to ensure there is eight consecutive hours of rest in the 24-
hour period of 4 p.m. on the first day to 4 p.m. on the second day.
An emergency circumstance is a situation with an imminent risk or danger to a person, 
property or an employer’s business that could not have been foreseen by the employer.

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Limit on Hours of Work Per Week
Overtime rules apply to eligible employees after 40 hours in a regular work week. An 
employer must get the employee’s consent to work more than 44 hours in a week. The 
employee cannot be disciplined for refusing unless there is an emergency. 
Overtime rules apply to eligible employees after 32 hours in a week with a public holiday. 
When a public holiday occurs in a week, the employer must have the employee’s consent 
before having the employee work more than 36 hours in that week. The employer can 
require the employee to work more than 36 hours when there is an emergency circumstance. 
See Overtime for more information.
Special Rules: Employers in a Hotel, Restaurant, Educational Institution, Hospital or 
Nursing Home
Transportation Home
Employers in these industries must provide employees who finish work between 12:30 a.m. 
and 7:00 a.m. with free transportation to their home.
Multiple Shifts Within Twelve Hours Each Day
These employers must only require or permit employees to:
• work within a 12 hour period in a day (a period of 24 consecutive hours); and
• report for work no more than twice in that period of 12 hours.
Modified Work Arrangement 
A modified work arrangement (MWA) is an agreement on a set schedule between the 
employer and an employee or the majority of a group of employees that averages hours of 
work over a designated period of time. This arrangement is modified from the standard eight 
or 10 hours a day and 40 hours per week of hours of work before overtime. The MWA is an 
agreement, not a permit. MWAs increase workplace flexibility by allowing employers and 
employees to compress work time in return for more time off for employees.  
The MWA must specify when overtime will apply for each day and weekly period; however, 
the arrangement cannot include shifts exceeding 12 hours in a day. 
The employer may define the day as a calendar day, or any period of 24 consecutive hours 
starting at the time the employee is scheduled to begin work. This must be included with the 
schedule.
MWA rules require a set work schedule agreed to in advance. Schedules that fluctuate 
depending on the needs of the day and can’t be set and agreed to in advance are not be 
appropriate for an MWA. 
An MWA may average:
• 40 hours over one week; 
• 80 hours over two weeks;

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• 120 hours over three weeks; or
• 160 hours over four weeks.
An MWA allows employees to work more hours in one part of an averaging period in return 
for more time off in another part of the same averaging period. Overtime applies once 
employees work more hours than stated in the MWA’s daily limit or averaging period.
A permit from the director of Employment Standards is required for a schedule that has an 
average of hours period longer than four weeks.
Examples of a Modified Work Arrangement
In this example, employees must be scheduled to work three 12-hour days and one four-
hour day during the one-week averaging period. Overtime would be payable for any work 
performed after 12 hours in any day or work performed after 40 hours in the one week 
averaging period or an agreement to average 80 hours over two weeks, with overtime after 
12 hours in a day.
Sun Mon Tues Weds Thurs Fri Sat
12 12 12 4 0 0 0
In this example employees work a set schedule of a combination of 12-hour days and one 
eight-hour day during the two-week averaging period. Overtime would be payable for any 
work performed after 12 hours in a day (and eight hours on the second Wednesday) or work 
performed after 80 hours in the two week averaging period. If the eight-hour shift is earlier 
in the rotation, overtime is owed if the employee works more than eight hours on that day.
Sun Mon Tues Weds Thurs Fri Sat
0 12 12 12 12 0 0
0 12 12 8 0 0 0
Requirements for MWA Agreements
Agreements must:
• be in writing;
• be signed by the employer and employee agreeing to the arrangement, or a majority of 
the employees affected;
• specify the number of weeks over which the hours will be averaged;
• specify the daily hours of work after which an employee becomes entitled to overtime 
(this must match the affected employee’s daily schedule);
• specify the work schedule that reflects the daily and weekly hours agreed to by the 
parties;
• provide a start date and an expiry date for the modified work agreement; and
• be in place at least one week before any work schedule changes. 
In addition, agreements:
• cannot require employees to work more than 12 hours in a day without overtime pay;

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A Guide to Employment Standards in Saskatchewan
• must be given to all employees covered by the agreement, and/or posted in the 
workplace; and
• may be renegotiated at any time.
Regular overtime rules apply if the conditions set out in the modified work arrangement are 
not met or maintained.
A permit from the director of Employment Standards is required by an employer who wishes 
to arrange an averaging period longer than allowed by a MWA, or wishes to vary the rules 
for days off per week. 
A collective agreement’s hours of work provisions are also considered an MWA, however the  
above requirements are not needed as they will be covered in the collective agreement. 
Managerial and professional staff are exempt from overtime so can’t be part of a MWA.
A sample Modified Work Arrangement template is available on saskatchewan.ca.
Employees Working Less than 30 Hours Per Week
Employees who work on average less than 30 hours per week may be part of a modified 
work arrangement in order to work the same shifts as full time employees. 
Unionized employees receive overtime based on their collective bargaining agreement for 
hours that exceed on average 40 hours per week.
Permits to Vary Some Rules
The Act and its regulations set minimum employment standards. Since the rules cannot fit 
every circumstance, variations are allowed, provided the appropriate permission is obtained.
Employers must apply to the director of Employment Standards for permission for some 
flexibility within the rules, or obtain the written agreement of the trade union representing 
the affected employees. Permits are allowed within specific sections of the legislation to 
adapt to unique occupations and employment situations. They balance the interests and 
benefits of employees and employers. 
Employees affected by the permits are still entitled to all other requirements of the Act, 
including overtime, annual holidays and public holidays.
Obtaining a Permit
Permit applications should be submitted at least two weeks before the permit is required. 
Permits will not be issued retroactively except in exceptional circumstances.
Employment Standards only issues permits to employers. Non-unionized employers must 
obtain a permit from the director of Employment Standards. Unionized workplaces must 
obtain the written agreement of the trade union representing the employees affected by the 
permit.
An employer can request an application form from Employment Standards or find more 
information and download the forms from saskatchewan.ca.

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The form should be completed and returned to:
Employment Standards
300-1870 Albert Street
Regina, SK S4P 3W1
Application forms can also be submitted by fax to (306) 787-4780 or by email to: 
employmentstandardspermits@gov.sk.ca.
If approved, the authorization will be returned to the employer.
The permit must be posted in a location that is accessible to the affected employees. Newly 
hired employees should be informed about the permit if it will apply to them.
To ensure fairness, a separate permit application may be required for each:
• job site or business location; and/or
• category of employee, within the same organization, where jobs performed by each 
category or employee are different.
Employee Agreement
Before an authorization is granted, permits require an approval agreement of the majority 
of employees affected. The employees must show their approval agreement by signing the 
application form. In certain instances, a secret ballot can be arranged. Once a majority 
of employees agree to the permit, the permit may be issued and will only apply to those 
employees in the classifications affected.
In the case of the authorization to vary a youth employment rules permit application, at 
least one parent or guardian of the youth seeking employment must sign the application.
Safety and Fatigue Management Plans
Some permits will require employers to submit a fatigue management plan, such as 
where a job requires heavy physical or a higher than normal mental effort and due care, 
non-standard and extended work shifts can affect workers’ levels of alertness and their 
performance towards the end of an extended shift. This can result in a greater chance of an 
incident or injury during the extended portion of the shift.
Therefore, a higher than average time loss work injury rate may be a consideration when 
determining if an application is to be approved for shift arrangements longer than 10 hours in a 
day. 
Denying or Revoking a Permit
The director of Employment Standards can cancel or revoke a permit for any lawful reason, 
including if the:
• employer coerces employees into supporting an application for a permit;
• employer has outstanding health, safety or employment standards complaints;
• safety of employees might be in jeopardy as a result of the permit; or
• employer has a history of multiple violations of The Saskatchewan Employment Act.

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The director of Employment Standards must provide employers with due process before 
cancelling an authorization. “Due process” includes giving the employer notice and 
providing an opportunity to make written representations. The director will provide the 
decision to the employer in writing.
Employees Can Ask the Director to Revoke a Permit
Employees can ask the director to revoke a permit. This request must be in writing and 
should outline the reason for the request. An investigation will be conducted to determine 
if the permit should be revoked. If the permit is to be revoked, the employer will be notified 
and given due process.
Permit Expiration and Limitations
The time limits will be stated on the permit. Regular overtime rules apply once a permit 
expires.
Employers are responsible for renewing their permits. 
Averaging of Hours Permit
The averaging of hours permit allows employers to condense employee work time for shift 
cycles requiring a longer day or a longer period of averaging than allowed in a modified 
work arrangement. Section 2-20 of the Act outlines the requirements that allow these 
permits. This permit requires the support of a majority of the employees.
The work schedule of the affected employees for one averaging period is to be attached to 
the permit application. The schedule must include days of work and hours of work per day. 
The permit will be based on this work schedule.
The employer must continue to provide employees with work schedules that are at least one 
week long.
One Day’s Rest in Seven Permit 
The one day’s rest in seven permit allows employees who work more than 20 hours per 
week to come to an agreement with their employer regarding their days off or “period of 
rest.” The period of rest rules in The Saskatchewan Employment Act require employers to 
provide a certain number of days of rest per week depending on the type of industry, the 
number of employees and the amount of time an employee works per week. 
Section 2-11 of the Act outlines the requirements that allow these arrangements.
This permit is most commonly used by construction and industrial companies. For example, 
a company that needs employees to work for 15 days in a row without having a rest period 
because of extreme circumstances would apply for the one day’s rest in seven permit.
A typical work schedule of the affected employees is to be attached to this permit 
application. The schedule must include days of work and hours of work per day. The permit 
will be based on this work schedule.
Scheduling Variation Permit 
The scheduling variation permit allows employers to vary the requirement to post a work

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schedule or a change to the work schedule. Section 2-11 of the Act outlines the requirements 
that allow these arrangements.
Move a Public Holiday Permit
The authorization to move a public holiday permit allows employers to move a public holiday 
to another day. Section 2-31(b)(ii) of the Act outlines the requirements that allow these 
arrangements.
A permit is not required to move a public holiday other than Remembrance Day within four 
weeks of the public holiday. However, there must be a written agreement with the employee 
or the majority of employees affected.
Youth Employment Permit
The authorization to vary youth employment rules permit allows the youth employment 
rules to be varied only if the parent, employer and youth all agree to the application and the 
director of Employment Standards approves it.
The Employment Standards Regulations, 2025 set the conditions under which youth can be 
employed in Saskatchewan.
In Saskatchewan, the minimum age of employment is 16 years of age. Fourteen- and 
15-year-olds can work if they have both:
• the written consent of a parent or guardian; and
• a certificate of completion from the Young Worker Readiness Certificate Course.
Read more at Youth in the Workplace.
Eligibility
This permit will not be issued if:
• The youth’s education could be compromised if a permit was issued. Education is 
always a priority when considering any request for a variation to the minimum age of 
employment rules.
• The type of workplace and the work conditions are considered harmful to the youth’s 
health, safety and well-being.
• All three parties (the youth, parent or guardian and employer) have not agreed to the 
permit. 
• The employer has an active complaint on file with Employment Standards and/or the 
employer has received a notice of contravention from the Occupational Health and Safety 
Branch in the last two years.
• The employer has no plan in place for a properly trained adult supervisor to be 
continuously present within sight and earshot of the youth employee.
• The employment requested is age restricted under a law listed in Appendix 1 of the 
application.

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Permit Limitations
A permit granting an exemption to one requirement under these regulations does not 
automatically grant an exemption from other requirements. For example, an employer who 
has a permit for a youth to work more than 16 hours in a week in which school is in session 
can not use that permit to have the student work after 10:00 p.m. on a night preceding a 
school day.
Authorization to Permit the Payment of Wages During a Strike on a Day Other than the 
Day on which They Would Usually be Paid
Application for this authorization is by a letter of request to the director of Employment 
Standards.
Authorization to Waive the Requirement to Provide Notice of Group Termination
Application for this authorization is by a letter of request to the director of Employment 
Standards.

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Work Time and Overtime
An employee must be paid for each hour or part of an hour worked. Work time includes all 
the time the employee is:
• required to work (e.g. the employee is directly performing their duties; 
• permitted to work; and
• be at the employer’s disposal.
All three of these considerations go into calculating when the overtime threshold has been 
crossed.
Employees who are paid in some manner other than an hourly rate are still entitled to 
overtime. Whether the employee is paid by the day, the week, the month, or any other 
method (e.g. flat rate, incentive-based, piece rate, salary and commission), an hourly rate 
must be determined.
Permitted to Work
An employer has permitted an employee to work if the employer:
• knows or ought to reasonably know that the employee is performing duties for the 
employer; and
• does not cause the employee to stop working.
For example, employees scheduled hours of work are from 8:00 a.m. to 5:00 p.m. each day 
with a one hour unpaid lunch break (eight hours). The employer knows that some of them 
come to work at 7:30 a.m. and start working, but does not say anything about it and allows 
this practice to continue. In this situation, the employer has “permitted these employees to 
work.” The employees must be paid for the extra time.
At the Disposal of the Employer
At the disposal of the employer means any time that the employee is under the direction and 
control of the employer and must be available for work. The employee may not be directly 
working, but their time is largely under the employer’s control or direction rather than the 
employee’s. For example, if employees are required to report to the workplace 15 minutes 
before the scheduled shift starts, the employees are considered to be at the disposal of the 
employer and entitled to be paid for the extra time.
On Call
An employee on call may be at the disposal of the employer if it appears that they are on their 
employer’s time more than their own. The more restrictions or conditions an employer places 
on the employee’s time while on call or standby (such as requiring the employee to stay within a 
certain distance from work, to wear a uniform, drive the employers vehicle, or other restrictions on 
activities), the more likely that time will be considered to be work time and wages would be owed. 
In these cases, employees may be paid at a different rate, but at least minimum wage.

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Travel Time as Work Time
Employers must pay employees for travel time when the employee is at work, which means 
the employee is under the employer’s control and direction when travelling to perform 
duties for the employer. Any employer-directed or job-required travel after the employee 
reports for work required at a place designated by the employer is considered work time. 
After reporting to a place designated by the employer, work time includes employee travel 
to, from, and between work sites. For example, an employee is required to drive or be 
driven from a construction site where they work to the employer’s repair shop or a store to 
pick up supplies or a part is on work time. Another example of work time may be during a 
time when an employee was required by their employer to report for work at one location 
and then travel to a remote camp to work. Work time also includes travel to pick up or 
perform work on the way to work or home outside the normal location where the employee 
is to report for work.  In these cases, employees may be paid at a different rate, but at least 
minimum wage and is part the employment contract.  
Generally, travel time to and from work is personal, not work. Travel time may also not be work 
time if the employer gives the employee the choice to travel in their own way to report to a work 
site or access the employer’s transportation.
Overtime Rate
Overtime must be paid at the rate of at least 1.5 times the employee’s hourly wage rate. 
For example, the overtime rate for an employee earning $15 per hour is $22.50 ($15 x 1.5). 
Employees earn overtime by the day and week.
An employee’s hourly wage includes all wages (including commissions) earned during 
normal, non-overtime hours of work. Review the definition of wages in Important Terms 
and Definitions .
Overtime in a Day
Employees who are scheduled to work for eight hours per day earn overtime after working 
more than eight hours a day. A “day” can be defined as:
• Any period of 24 consecutive hours starting at the time the employee is scheduled to 
begin working; or
• A calendar day.
Employers may choose how they define the day for each employee but must be consistent. 
Employers must inform employees how the day is defined in their work schedules. 
Regardless of how the day is defined, employers must provide at least eight hours of rest in 
any twenty-four consecutive hours, except in an emergency circumstance. An emergency 
circumstance is a situation with an imminent risk or danger to a person, property or an 
employer’s business that could not have been foreseen by the employer.

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Overtime example with a day defined as any 24-hour period
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
Off 7 a.m. to  
3 p.m.
7 a.m. to  
3 p.m.
10 a.m. to  
6 p.m.
7 a.m. to  
3 p.m.
7 a.m. to  
3 p.m.
Off
On Monday, the employee is scheduled to begin working at 7 a.m. until 3 p.m. (eight 
hours). As the employee was not called back in work during the 24-hour period of 7 a.m. on 
Monday to 7 a.m. on Tuesday, there is no overtime owed. The same can be said for the next 
24-hour period of 7 a.m. on Tuesday to 7 a.m. on Wednesday.
On Wednesday, the employee is scheduled to begin work at 10 a.m. and until 6 p.m. (eight 
hours). During the 24-hour period of 10 a.m. on Wednesday to 10 a.m. to Thursday, the 
employee is called back in work at 7 a.m. on Thursday. The hours worked between 7 a.m. 
to 10 a.m. (three hours) are payable at the overtime rate. The remaining five hours of work 
on Thursday would be payable at regular time only as a new 24-hour period has begun at 10 
a.m.  
Since there is no overtime from 10 a.m. on Thursday to 10 a.m. on Friday, the next 24-hour 
period  would begin at 7 a.m. on Friday and end at 7 a.m. on Saturday.
Overtime example with a day defined as any calendar day
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
Off 7 a.m. to  
3 p.m.
7 a.m. to  
3 p.m.
10 a.m. to  
6 p.m.
7 a.m. to  
3 p.m.
7 a.m. to  
3 p.m.
Off
There is no overtime owing. The employee does not work more than eight hours between 
midnight and midnight on any calendar day.
Maximum Hours of Work in a Day
Even if the employer pays overtime, employees cannot be scheduled to work more than 16 
hours in any 24-hour period unless there is an emergency. Employees must receive at least 
eight consecutive hours of rest in any 24-hour period.
Overtime in a Week
Weekly Overtime in a Regular Work Week
A regular work week has 40 hours. Overtime in a regular work week starts after 40 hours.
The employer may choose to schedule the 40 hours for no more than five eight-hour days or 
four ten-hour days.
Overtime in a Week with a Public Holiday
A week with a public holiday has 32 hours. Employers can schedule employees to work 
those 32 hours in four eight-hour days OR three 10-hour days. 
Overtime is payable after 32 hours in a week with a public holiday. For example, if a 
workplace has a week that runs from Sunday to Saturday and employees work eight hours 
per day Monday to Friday and a public holiday (PH) falls on Saturday, the 32 hour weekly

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overtime limit will be reached on Thursday. 
Sun Mon Tues Weds Thurs Fri Sat Hours OT
Off 8 8 8 8 8 (OT) PH 40 8
See Public Holidays for more information about the rules for work in a week with a public 
holiday.
Overtime by the Day and Week
Employees can earn overtime by the day, the week, or both.
Overtime by the Day, but Not by the Week
Example: An employee is scheduled to work for eight hours per day. The employee is asked 
to work ten hours on one day. The employee works 40 hours for the week. This employee 
would be paid two hours of daily overtime for Thursday.
Sun Mon Tues Weds Thurs Fri Sat Hours OT
Off 8 8 8 10 6 0 40 2
Overtime by the Week, but Not by the Day
Example: An employee is scheduled to work six, eight hour days from Monday to Saturday 
for a total of 48 hours for the week. This employee would be eligible for eight hours of 
overtime pay. 
Sun Mon Tues Weds Thurs Fri Sat Hours OT
Off 8 8 8 8 8 8 48 8
Overtime by the Week and by the Day
Example: An employee is scheduled to work eight hours per day but also starts the week 
with an additional four hours on Sunday and is required to work 10 hours on Tuesday, for a 
total of 46 hours of work. This employee has earned two hours of daily overtime on Tuesday 
and four hours of weekly overtime. Since weekly overtime is earned after an employee has 
worked more than forty hours in a week, this employee, while they started their week on 
Sunday, didn’t earn weekly overtime until the last four hours of work on Friday. 
Sun Mon Tues Weds Thurs Fri Sat Hours Daily Weekly Total
4 8 10 8 8 8 Off 46 2 4 6
Overtime in a Modified Work Arrangement or Averaging of Hours Permit
Employers who have a modified work arrangement (MWA) or an averaging of hours permit 
must pay overtime after the daily limit or the hours in the averaging period are exceeded. 
For example, if the employee is scheduled to work for 12 hours a day, the employee 
is entitled to overtime after working more than those 12 hours. If the modified work 
arrangement involves averaging 80 work hours over two weeks, employees earn overtime 
after working more than 80 hours in the scheduled two weeks.

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If a public holiday falls within the averaging period, the overtime threshold is reduced by 
eight hours. For example, if a public holiday fell during an averaging period of 80 hours over 
two weeks, the overtime threshold would be 72 hours. 
Overtime for Salaried Employees
Employees provided a wage rate other than by the hour are still eligible for overtime pay. 
Paying employees by the day, week, month or more does not exclude them from being 
entitled to overtime. 
Regardless of the rate of pay, an hourly rate must be determined to calculate overtime pay.
Calculating Overtime for Employees Paid by the Day
To calculate the hourly rate for overtime if wages are paid on a daily basis, divide the daily 
wages earned in non-overtime hours by the number of non-overtime hours worked in a day 
(normally eight or less).
Once the hourly rate is determined, multiply that amount by the number of overtime hours 
x 1.5.
Calculating Overtime for Employees Paid by the Week
To calculate the hourly rate for overtime if wages are paid on a weekly basis, divide the non-
overtime wages earned in the week by the non-overtime hours worked in a week (normally 
40 hours or less).
Once the hourly rate is determined, multiply that amount by the number of overtime hours x 1.5. 
Calculating Overtime for Employees Paid by the Month
Eligible employees not paid by the hour are still entitled to overtime. However, an hourly 
rate must be determined to calculate overtime. 
To calculate the hourly rate for eligible employees paid on a monthly basis, multiply the 
monthly wage by 12, divide the result by 52, and then divide by the regular weekly hours 
(weekly hours cannot be more than 40).
Example:
Monthly wage rate: $2,700.00
Multiplied by the yearly rate: $2,700 x 12 months = $32,400.00
Divided by the weekly rate: $32,400.00 ÷ 52 weeks = $623.08
Divided by the hourly rate: $623.08 ÷ 40 hours = $15.58
Multiplied by the overtime rate: $15.58 x 1.5 = $23.37
Note: If the regular weekly hours worked were 37.5 hours, the weekly rate ($623.08) would 
be divided by 37.5 to give an hourly rate of $16.62.

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Calculating Overtime for Employees Paid by a Basis Other than Time
Calculate the hourly rate for overtime by dividing the non-overtime wages earned for work in 
the pay period by the non-overtime hours worked in the pay period. Wages includes any salary, 
commission, or any monetary compensation for work, service or being at the disposal of the 
employer.
Once the hourly rate is determined, multiply that amount by the overtime hours x 1.5.
Overtime Exemptions
Some employees are exempt from overtime or covered by special overtime rules. 
Overtime provisions do not apply to:
• managerial employees;
• professional employees required to be registered or licensed by an Act while practicing 
their profession and do not require authorization or supervision by another profession;
• employees primarily engaged in mineral exploration north of Township 62 (Township 62 
is roughly along the northern boundary of Meadow Lake Provincial Park);
• logging industry employees, including employees providing food services and security 
services, but employees working in an office, saw mill or planing mill get overtime pay;
• certain types of travelling salespersons who receive all their compensation as 
commissions and travel regularly to two or more cities, towns and villages that are at 
least 20 kilometers apart;
• motor vehicle salespersons;
• persons employed by rural municipalities in connection with road construction or 
maintenance, or servicing of road repair or maintenance equipment that is not done in the 
shop;
• employees working as outfitters, fishers or trappers; or
• come-in care providers working in private homes.
Please call Employment Standards at 1-800-667-1783 for more information about overtime 
exemptions and special rules.
Special Overtime Rules
Special overtime rules apply to some types of employees, including live-in care providers, 
live-in domestics, ambulance attendants, firefighters on a platoon system, oil truck drivers 
delivering fuel to farms, commercial hog operation employees, some city newspaper 
employees and highway construction workers.
Overtime rules are also modified for employers who have negotiated modified work 
arrangements or time bank agreements with their employees, or who have received an 
averaging of hours permit from the director of Employment Standards. There are also rules 
for calculating overtime for employees not paid by the hour, such as by the day, the month, 
commission or production.

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Please call Employment Standards at 1-800-667-1783 for more information about special 
overtime rules and permits. 
Please contact Occupational Health and Safety at 1-800-567-7233 for information about fatigue 
management for employees working extensive overtime.
Employees Working Less than 30 Hours Per Week
Non-unionized employees working less than 30 hours per week are entitled to be paid 
overtime after working more than eight hours in a day or more than 40 hours in a week (32 
hours in a week with a public holiday). These employees are also eligible to participate in a 
Modified Work Arrangement to work the same shifts as full-time employees who would be 
covered by that modified work arrangement and an overtime bank agreement. 
Collective bargaining agreements may govern rules for these employees working in 
unionized environments. 
Overtime Banks
An overtime bank (time bank) is an agreement between the employer and individual 
employees that allow overtime hours to be banked in exchange for time off at regular pay 
during regular working hours at some later date. 
Employees Eligible for an Overtime Bank Agreement
All employees who are eligible for overtime can request an overtime bank, including those 
working fewer than 30 hours per week. However, the employer cannot require employees 
to enter into an overtime bank agreement. Visit saskatchewan.ca to download a time bank 
agreement template. 
How Overtime Bank Agreements Work
For every hour of overtime worked, 1.5 hours must be banked. Hours withdrawn from a 
bank must be taken during an employee’s regularly scheduled work hours, and at a time or 
times agreed to by the parties. If there is no agreement, the employer can schedule the time 
off by providing the employee with at least one week of notice. 
All banked hours taken from the bank are considered regular hours worked and go towards 
calculating the overtime threshold for the week. 
Example: Weekly Overtime
An employee has banked 11 hours of overtime. Therefore, the employee has 16.5 hours in 
their overtime bank (11 x 1.5) to be used as paid time off, during regularly scheduled hours. 
The employee asks their employer if they can take Wednesday and Thursday off using 16 
hours of the banked overtime. The employee returns to work their normal eight-hour shift 
on Friday and an additional eight-hour shift on Saturday. This employee has earned an 
additional eight hours of overtime during the week because they exceeded the 40 weekly 
overtime threshold by eight hours on Saturday. The employee now has 12.5 hours in their 
overtime bank to take at a future date or be paid out.

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Sun Mon Tues Weds
OT Bank 
Hrs .
Thurs
OT Bank 
Hrs .
Fri Sat Total 
Hours
OT
Off 8 8 8 8 8 8 48 8
Daily Overtime
Similarly, an employee is scheduled to work for eight hours from 8:00 a.m. to 5:00 p.m. 
and takes the first four hours of their shift from their overtime bank to be away from work. 
If they are required to work until 7:00 p.m. that day, they are entitled to two hours of 
overtime. Even though they worked six hours, the hours from 8:00 a.m. to 12:00 p.m. are 
counted as regular work hours.
All banked over time taken as time away from work or paid out must be at the employee’s 
regular wage rate at the time is it taken from the bank. It must be taken within 12 months 
of the time it was banked. Any banked time not taken within the 12 month period must be 
paid at the employee’s current hourly wage. Employees can request payouts of banked time; 
and the employer may make payouts, without ending the overtime bank agreement.
Requirements for Overtime Bank Agreements
All overtime bank agreements must be:
• in writing;
• agreed to and signed by both employer and employees; and
• retained by the employer, with a copy going to each employee covered by the agreement.
Ending or Changing an Agreement
The employer and employee cannot end or change the agreement without giving advance 
notice in writing. The notice must be given at least one pay period in advance. 
If the employee or employer ends the agreement, the employee can be required to use some 
or all of the time in the bank before the agreement ends. The employer could also choose to 
pay out the overtime in the bank. 
Overtime Banks and Ending Employment
Any remaining banked overtime must be paid out within 14 days of the employee’s last day 
of work.
If the employer is laying off or terminating the employee, the employer cannot substitute 
banked time for a working notice period required under the Act. In addition, overtime bank 
payouts cannot replace pay instead of notice. 
Vacation and Vacation Pay
Vacation Entitlements
Employees receive a minimum of three weeks of vacation after each year of employment.

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Employees who complete 10 years of work with the same employer receive a minimum of 
four weeks of vacation.
Paying Vacation Pay
All eligible full-time, part-time, casual, temporary and seasonal employees (including those 
who have not worked a full year with the same employer) receive vacation pay.
Employees receive vacation pay:
• at their request before taking vacation; or
• on a normal payday during a vacation.
If employees do not take their vacation, employers must pay vacation pay within 11 months 
after employees become entitled to their annual vacation. Employees are not required to 
receive vacation pay on each pay cheque or deposit.
Vacation Pay on Termination of Employment
Employees are to be paid any unpaid vacation pay within 14 days of termination. 
Vacation Entitlements After Change of Ownership
If an employee is still employed at a business after a sale, lease or transfer to a new 
employer, their service (number of days, weeks or years with the same employer) with the 
previous employer is maintained for the purpose of their vacation entitlements and any 
other employment standards involving length of employment. Employees are entitled to 
vacation entitlements based on how long they were employed by both employers.
Taking Vacation
The employer must allow the employee to take vacation within 12 months after the date on 
which the employee becomes entitled to it. 
An employee is entitled to take vacation in one continuous period, unless they request 
shorter periods of at least a week at a time. Employees must receive approval from the 
employer in advance for each vacation period.
Common Vacation Entitlement Date
An employer may use a common date for calculating vacation entitlement of all employees, 
but only if this does not result in a reduction of any of the employee’s rights.
Requiring an Employee to Take Vacation
Employees and employers should negotiate when annual vacation will be taken. If no 
agreement is reached, the employer can schedule the employee’s vacation by giving the 
employee a written notice at least four weeks before the employee’s vacation must begin. 
If the employee does not take a vacation, the employee must get vacation pay no later than 
11 months following the date when the annual vacation was earned.
Requiring Employees to Take Vacation During Workplace Closures

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An employer may, at times, require employees to take their vacation at a time when the 
employer has closed all or part of the workplace. However, this only applies if the vacation 
period is at least a week in length. 
The employer can do this by providing the employees with a written notice at least four 
weeks before the vacation must begin.
Calculating Vacation Pay
Vacation pay is calculated on an employee’s wages for a year of employment or portion 
of a year. It is payable on all salary, commission, earned bonuses and other monetary 
compensation for work or services, or for being at the disposal of an employer. This includes 
overtime, public holiday pay, and vacation pay.
The vacation pay calculation depends on how many years the employee has worked for the 
same employer. During the first ten years of employment, multiply the employee’s wages for 
the 12-month period by 3/52 (5.77 per cent). Once an employee has completed 10 years of 
employment, the employee is entitled to four weeks of vacation in the upcoming year and 
vacation pay of 4/52 (7.69 per cent).
Example:
An employee has worked for less than 10 years for the same employer. When the employee 
takes a three-week vacation, the pay for their vacation is:
Annual salary (April to March): $41,600.00
Add commission: $41,600.00 + $3,000.00 = $44,600.00 total annual salary
Multiply by vacation pay rate: $44,600.00 x 3/52 = $2,573.10
Vacation pay of $2,573.10 would be payable for the three week vacation.
If the employee in the above example had worked for the same employer for 10 years or 
more, the vacation pay calculation would be ($44,600 X 4/52) = $3,430.77.
Visit the vacation pay calculator on saskatchewan.ca to calculate the amount of vacation pay 
owed to an employee. 
Paying Vacation Pay at the End of Employment
Vacation pay is calculated on the employee’s wages for each year. All outstanding vacation 
pay must be paid within fourteen day of the last day of employment. This applies even if the 
employee has not completed a year of employment.
Employers can’t require employees to take vacation or pay vacation pay during notice 
periods. 
See Layoffs and Terminations for more information.
Using Vacation Pay When Employees are Away Due to Illness

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Vacation pay may be used when an employee is away due to illness only by mutual 
agreement between the employer and employee. The payment should be identified as 
vacation pay on the statement of earnings. An employee’s vacation leave entitlement is not 
reduced if vacation pay is paid out while they are away due to illness or injury. However, 
the amount of vacation pay will be reduced by the amount paid to cover the time away from 
work due to illness.
Wages and Vacation Pay
Employees are entitled to vacation pay when they take vacation. 
Employees called in to work while on vacation must be paid wages and not vacation pay 
while working. 
Public Holidays While on Vacation
If there is a public holiday during an employee’s annual vacation, the vacation is extended 
by one day, even if the holiday falls on an employee’s day off. Most employees should also 
get public holiday pay for the holiday. See Public Holidays for more information.
Cancelling an Employee’s Vacation
An employer who cancels or reschedules a previously-approved vacation must pay all non-
refundable deposits, penalties and pre-paid expenses paid by the employee that are related 
to the vacation. The employee must provide receipts for these expenses.
Public (Statutory) Holidays
Most employees get paid time off for 10 public holidays per year in Saskatchewan: New 
Year’s Day, Family Day, Good Friday, Victoria Day, Canada Day, Saskatchewan Day, Labour 
Day, Thanksgiving Day, Remembrance Day and Christmas Day.
Easter Monday, Christmas Eve and Boxing Day are not public holidays.
Employment Standards may authorize that a public holiday be observed on a different day 
than the date of the public holiday. See Permits for more information.
Paying Employees in a Week Containing a Public Holiday
There are three payments:
1 . Public Holiday Pay
Employees receive five per cent of their wages earned in the 28 days (four weeks) before a 
public holiday as public holiday pay. 
Wages to be included in the calculation of public holiday pay include pay for any vacation 
taken during the four weeks before the public holiday and any public holiday pay for public

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holidays that occurred during the four weeks before the public holiday. However, overtime is 
not included. 
Employees on leave or absences are entitled to public holiday pay if they earned wages 
during the four weeks before the public holiday.
Visit the public holiday pay calculator to calculate the amount of public holiday pay owed to 
an employee. 
A new employee is entitled to public holiday pay even if they have been employed for less 
than four weeks before the public holiday. The amount of public holiday pay is five per cent 
of the regular wages earned by the new employee before the public holiday.
Example:
An employee earns regular wages of $600.00/week, plus commission. In the four weeks 
before a public holiday, the employee takes one week of vacation for which the employee 
receives $600.00. The employee also earns $1,000 in commission. The calculation would be:
Regular wages: $600.00
Multiplied by three weeks: $600.00 x 3 = $1,800.00
Add one week of vacation pay: $1,800.00 + $600.00 = $2,400.00
Add commission: $2,400 + $1,000 = $3,400.00
Multiplied by public holiday pay rate of five per cent: $3,400 x 0.05 = $170.00
If the employee receives the day off with pay, then this amount would be taken off the 
$170.00 calculated above. Assuming a five day week, the employee would earn a base wage 
of $600.00 ÷ 5 days = $120.00. Taking off the $120.00 would leave a balance of $50.00 to 
be paid ($170.00 - $120.00 = $50.00). 
In some cases, employees that have the day off with pay will have received proper payment for 
the public holiday. When the public holiday falls on an employee’s day off, some employers 
may give the employee the option of receiving five per cent of their pay or taking an additional 
day off with pay.
Hourly-Paid Construction Employees
Public holiday pay for hourly-paid construction employees is four per cent of wages 
(excluding overtime and vacation pay) earned in the calendar year. Public holiday pay must 
be paid on or before December 31 in the year in which it was earned, or within 14 days of 
termination. 
Employees Who Quit, are Laid Off or Terminated Before a Public Holiday
If your employment ends before the holiday, you wouldn’t get public holiday pay for that 
day. 
2 . Pay for Working on a Public Holiday 
Employees working on a public holiday earn pay of 1.5 times their regular hourly rate for all

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hours worked. This includes managerial and professional employees and operators of group 
homes. The pay rate of 1.5 is in addition to the normal day’s pay.
3 . Overtime Payable During the Week of a Public Holiday
During a week with a public holiday, employees receive overtime after working 32 hours. 
The 32 hours does not include any hours worked on the public holiday. Any time worked on 
a public holiday is pay for working on a public holiday.
This usually results in the employees being provided a day off if the public holiday does not 
occur on a normal work day.
Workplaces With a MWA or Averaging of Hours Permit
Where a workplace has a modified work arrangement, or an averaging of hours permit, each 
public holiday in the averaging period will reduce the number of hours before overtime is to 
be paid by eight hours. For example, if a public holiday falls within an averaging period of 
160 hours over four weeks, overtime becomes payable after 152 hours.
Overtime is also payable after employees work more hours than the daily limit stated in the 
MWA or averaging permit.

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Special Public Holiday Pay Rules 
There are special public holiday pay rules for employees engaged in the operation of a well 
drilling rig, employees of commercial hog operations, and full-time employees working in a 
hospital, educational institution, nursing home, hotel or restaurant.
Employees Operating Well Drilling Rigs
An employee who is engaged in the operation of a well drilling rig receives:
• public holiday pay of five per cent of their wages in the 28 days (four weeks) before a 
public holiday if the employee does not work on the public holiday; or
• if the employee works on the holiday, the employee receives public holiday pay in 
addition to the employee’s regular wages for the time worked.
Employees are also entitled to any overtime earned in the week of the public holiday and on 
the public holiday if they work on the holiday.
Employees Working in Commercial Hog Operations
Employees working in commercial hog operations receive public holiday pay at 1.5 times 
their hourly wage rate for each hour worked on the public holiday. 
If the public holiday falls on a regular day of work for the employee and the employee 
works it, the employee can elect by written request to receive another day off with pay on 
a day designated by the employer within 12 months of the public holiday. If this occurs, the 
employee would be paid:
• regular wages for time worked on the public holiday; plus,
• public holiday pay for the designated day.
Payment for the designated holiday is payable in the pay period during which the designated 
day occurs, or within 14 days of termination of the employee’s employment, whichever 
comes first.
Full-time Employees Working in a Hospital, Educational Institution, Nursing Home, 
Hotel, or Restaurant
Employees who work on a public holiday earn pay of 1.5 times their regular hourly rate for 
all hours worked, plus either public holiday pay or a day off at regular pay within a four-
week period during which the public holiday occurs.
Public Holidays Falling on Sunday
If the employer’s establishment is normally open on Sunday, the public holiday pay rules 
apply to that Sunday. Where businesses are normally closed on Sunday, and New Year’s 
Day, Christmas Day, or Remembrance Day fall on a Sunday, the following Monday is 
observed as a public holiday.
Canada Day is covered by federal legislation. Currently, federal law says when July 1 falls on 
a Sunday, the holiday is observed on Monday, July 2.

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Note: When a public holiday falls on a Saturday, it is not observed on a different day.
Observing a Public Holiday on a Different Day
Employers can ask the director of Employment Standards for a permit to observe a public 
holiday on another day. To request authorization, employers must complete a move a public 
holiday permit application form and send it to the director for approval. A majority of 
employees must agree to the public holiday being observed on another day by signing the 
application form. If a permit is granted, the public holiday pay rules will apply to the day 
stated on the permit.
However, a permit is not required if the employer and employee or the majority of a group 
of employees agree to move the public holiday within four weeks of the public holiday. 
However, this does not apply to Remembrance Day. 
An agreement to move a public holiday must be provided to employees affected and 
retained for two years after it ends.
If employees are represented by a trade union, the employer and trade union can agree in 
writing to observe the public holiday on another day.
In recognition of the significance of Remembrance Day, permission to observe that holiday 
on another day will only be granted in exceptional circumstances. 
Permit application forms can be downloaded from saskatchewan.ca.
Applications should be submitted at least two weeks before the holiday.

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Job-Protected Leaves of Absence
Several job-protected employment leaves are available to eligible employees, including:
• family (maternity, adoption, parental, bereavement and crime-related child death or 
crime related child disappearance leaves);
• service (reserve force, nomination/election and candidate/public office and citizenship 
ceremony leaves); 
• health care (organ donation, critically ill child care, critically ill adult care, 
compassionate care and public health emergency leave); and
• interpersonal and sexual violence leave.
Other than five days of interpersonal violence leave, employers are not required to pay 
regular wages for job-protected leaves. However, an employee taking a leave may be eligible 
for Employment Insurance. Contact Service Canada toll-free at 1-800-206-7218 for more 
information.
Leave Requirements
Eligibility
For the majority of leaves, any employee who is currently employed and has been employed 
for more than 13 consecutive weeks by the same employer before the day the leave is to 
begin, is entitled to leave if they qualify. 
Employees do not have to have worked for an employer for a minimum amount of time to 
take a public health emergency leave.
Notice Before Taking Leave and Before Returning to Work
An employee who wishes to take any of the following leaves must provide the employer 
with at least four weeks’ written notice:
• maternity, parental or adoption leave;
• organ donation leave;
• reserve force service leave (for regular deployment); or
• nomination/election and candidate/public office leave.
The notice must state:
• the date the employee intends to start their leave; and
• the date the employee intends to return to work.
An employee taking a leave longer than 60 days must provide the employer with at least 
four weeks’ written notice before returning to work. This written notice must be given to 
the employer before the leave expires. The employer is not required to take the employee 
back until this notice is received.

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Exceptions
The obligation to provide four weeks’ written notice before taking leave does not apply:
• to bereavement leave, compassionate care leave, critically ill child care leave, critically ill 
adult care leave, crime-related child death or disappearance leave, interpersonal violence 
leave, public health emergency leave and citizenship ceremony leave; or
• if the date of commencement of the employment leave or the date of return to work from 
the employment leave is not known and cannot be reasonably known by the employee 
(such as an emergency deployment of reservists).
An employee who takes a leave of 60 days or less does not have to provide the employer 
with four weeks’ written notice before returning to work.
An employee who is not required to provide four weeks’ written notice must provide notice 
as far as possible in advance of the start and end of the leave.
Where a Medical Certificate Must be Provided with the Notice
If an employment leave involves a medical issue, the employer has a right to ask for the 
employee to provide a medical certificate from a duly qualified medical practitioner as to the 
reason for the leave or the extension of the leave. 
Employees taking public health emergency leave do not need to provide a medical certificate 
or any other verification of circumstances. 
Length of Service and Rights of Recall
An employee continues to accrue seniority, vacation, service and rights of recall while on an 
employment leave or a combination of employment leaves to a maximum of 78 weeks. 
Vacation Entitlements
An employee on leave continues to accrue their vacation entitlement, to a maximum of 78 
weeks of leave. After returning from leave, an employee gets the same vacation entitlements 
that the employee would have received if the leave had not been taken. Vacation pay may 
be lower since it is a percentage of the previous year’s earnings.
For example, an employee with nine years of service has three weeks of vacation 
entitlements. If the employee takes 78 weeks of maternity and parental leave, the employee 
would have more than 10 years of seniority upon return to work. The employee would then 
be eligible for four weeks of vacation. 
Participation in Benefit Plans While on Leave
An employer who provides benefit plans to employees must offer to continue to provide 
those benefits to an employee who is on leave, or a combination of leaves. The employee 
may be required to pay premiums to maintain benefits. 
An employee is entitled to participate in a benefit plan for the duration of the leave. The 
time limit for an employee to participate in a benefit plan will depend on the prescribed 
amount for the specific leave.

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Benefit plans that an employee can continue participating in while on leave include medical, 
dental, disability or life insurance, accidental death or dismemberment, a registered 
retirement savings plan, and other pension plans.
Employees Returning From Leave
An employee returning from leave of 60 days or less must be re-employed in the same job 
they had before the leave. An employee returning from a leave longer than 60 days can be 
reinstated into a comparable job with no loss in pay or benefits.
Employment Leave Types
There are several leaves employees may be entitled to. They are grouped into family leaves, 
service leaves and health leaves. Additionally, there is an interpersonal and sexual violence 
leave and public health emergency leave. 
Family Leaves
There are six types of family leave available. Eligible employees can get maternity, adoption 
and parental leave. Eligible employees can also take bereavement leave, crime-related child 
death, and crime-related child disappearance leave.
Maternity Leave
Length of Leave
Pregnant employees can receive up to 19 weeks of maternity leave. 
Loss of Pregnancy
An employee who experiences a loss of pregnancy up to 20 weeks before the estimated date 
of birth may also take 19 weeks of leave.
Medical Notes when Giving Notice of Leave
Along with the notice, employers may require employees to provide a certificate from a 
doctor or nurse practitioner which includes the reason for the leave and any extension.
Starting Maternity Leave
Maternity leave can start at any time during the 13 weeks before the estimated date of birth, 
and/or no later than the date of birth. If the employee does not give the employer at least 
four weeks’ written notice before starting leave, the 19-week maternity leave is reduced 
to 15 weeks. The 15-week leave can start at any time during the nine weeks before the 
estimated date of birth.
Beginning Leave Early Due to Illness
A pregnant employee who can provide a medical certificate saying they must stop work 
for medical reasons may leave work immediately. The employee is not required to start 
maternity leave at this time and can delay the start of the 19-week maternity leave up to the 
estimated date of birth.

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Contact the Saskatchewan Human Rights Commission toll-free at 1-800-667-9249 or  
www.saskatchewanhumanrights.ca for more information about the rights of ill or injured 
pregnant employees.
Sick leave benefits may also be available through Employment Insurance. Visit a Service 
Canada Office or call them toll-free at 1-800-206-7218.
If Birth is Delayed
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. 
Accomodating a Pregnant Employee
If a pregnancy unreasonably interferes with the performance of an employee’s job, the 
employer can modify the employee’s job or reassign the employee. If so, the employee’s 
wages and benefits cannot be reduced.
If it is not possible to accommodate the employee, the employee can be required to begin 
maternity leave up to 13 weeks before the estimated date of birth.
Extending a Maternity Leave for Medical Reasons
Maternity leave can be extended six weeks (for a total of 25 weeks) if there is a medical 
reason for not returning to work. A medical certificate is needed for this extension.
Employers and employees can agree to a longer leave. To prevent misunderstanding, such 
agreements should be in writing. 
Adoption Leave
Length of Leave
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.
Giving Notice of Leave
The employee’s written notice four weeks before the day leave begins should state what 
date the child is expected to come into the employee’s care. If this date is not known the 
notice should include whatever notice has been given by the Ministry of Social Services, the 
adoption agency or the birth parent.
Starting Leave
Adoption leave starts on the day the child becomes available for adoption or the child comes 
into the employee’s care.

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Parental Leave
Length of Leave
Parental leave can be taken following maternity or adoption leave, or separately.
The parent who took maternity or adoption leave is eligible for up to 59 weeks of parental 
leave. Parents who did not take maternity leave or adoption leave are eligible for up to 71 
weeks. 
Giving Notice of Leave
If the employee is on maternity or adoption leave and is requesting parental leave, the 
written notice must be submitted at least four weeks before the employee was to return 
to work. The new estimated date of return to work should be included in the notice. The 
parental leave notice can be included with the maternity or adoption leave notice.
Starting Leave
When a parent taking maternity or adoption leave also takes parental leave, the parental 
leave must be taken consecutively with the maternity or adoption leave. If one parent takes 
both maternity or adoption leave and parental leave, the parental leave must be taken any 
time in the period between 13 weeks before the estimated date of birth and 78 week after 
the actual date of birth or date the child comes into the employee’s care.
If the parent taking parental leave is not the same parent who took maternity or adoption 
leave, parental leave must be taken any time in the 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.
Bereavement Leave
Employees with more than 13 weeks of employment are entitled to five days of bereavement 
leave if: 
• A member of the employee’s immediate family or someone who the employee considers 
to be like a close relative has died; or
• There has been a loss of pregnancy by:
• the employee, 
• a member of the employee’s immediate family, or 
• any other person if the employee would have been a parent to a child born as a 
result of the pregnancy.
Bereavement leave is unpaid and must be taken within six months of the death or loss of 
pregnancy.
Crime-related Child Death and Crime-related Child Disappearance Leaves
Crime-related child death and crime-related child disappearance leaves can last up to 104 
weeks. An employee with more than 13 weeks of employment service with the employer is 
entitled to this leave if their child has disappeared or died due to a crime-related incident. 
The employee must also provide notice to the employer as soon as possible before the leave

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begins.
Quick Reference Chart: Family Leave
Maternity Adoption Parental Bereavement
Crime-related 
Child Death or 
Disappearance
Employee 
Qualifying 
Period
More than 13 
weeks
More than 13 
weeks
More than 13 
weeks
More than 13 
weeks
More than 13 
weeks
Employee 
Notice to 
Employer
Four weeks Four weeks Four weeks
As far as 
possible in 
advance
As far as possible 
in advance
Evidence 
Required
Medical 
certificate if 
requested
If requested If requested If requested If requested
Eligible 
Employee
Birth-parent/ 
pregnant 
employee
Primary 
caregiver
Either or both 
parents
Death of an 
immediate 
family or any 
other person 
the employee 
considers to 
be like a close 
relative, or loss 
of pregnancy
Either or both 
parents or 
caregivers
Leave Period 19 weeks 19 weeks 59/71 weeks Five days unpaid 104/52 weeks
Benefit 
Participation Yes Yes Yes
Yes; employee 
payment not 
required
Yes
Seniority 
Accrual Yes Yes Yes Yes Yes
Employee 
Return Notice 
to Employer
Four weeks Four weeks Four weeks
As far as 
possible in 
advance
As far as possible 
in advance
Reinstatement 
Rights
Same or 
comparable 
job
Same or 
comparable 
job
Same or 
comparable 
job
Same job Same or 
comparable job
Wage 
Protection Yes Yes Yes Yes Yes
Service Leaves
This includes reserve force, nomination/election and candidate/public office and citizenship

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ceremony leaves.
Reserve Force Service Leave
Reserve force service leave is an unpaid, job-protected leave for the required period of 
service.
Employees with more than 13 consecutive weeks of service with the employer, who 
are military reservists and are deployed to an international operation or an operation 
within Canada, that is or will be providing assistance in dealing with an emergency or its 
aftermath, training and regular deployment, are eligible for reserve force service leave. 
Regular Deployment
Written notice must be provided to the employer at least four weeks before leave will begin. 
The notice should state when leave will begin and when the employee expects to return to 
work. 
The employer may ask the employee to provide confirmation from a reserve force official of 
the employee’s reserve force status and the anticipated period of service.
Emergency Deployment
If it is not possible to give four weeks written notice due to the emergent nature of the leave, 
then an employee must give notice as soon as possible. The employee must also notify the 
employer as soon as possible of his or her anticipated period of service.
Reinstatement
Upon returning, an employee is entitled to return to the same job if the employment leave 
is for 60 days or less. If the leave is longer than 60 days, the employee can be reinstated to a 
comparable job. The employee must receive at least the same wages and benefits as before 
the leave.
Nomination/Election and Candidate/Public Office Leave
Nomination/election and candidate/public office leaves is an unpaid leave for a reasonable 
period for nomination or, if elected, the length of the term of office. The entitlement is for 
one period of leave. This leave applies to municipal, provincial, federal, school board and 
band council nominations, elections and offices.
An employee must have worked with the employer for more than 13 consecutive weeks 
to be eligible for this leave. Written notice must be provided to the employer at least four 
weeks before the leave begins. The employee must also notify the employer four weeks 
before their return date on when they will be returning.
Upon returning, an employee is entitled to return to the same job if the employment leave 
is for 60 days or less. If the leave is longer than 60 days, the employee can be reinstated to 
a comparable job. The employee must receive the same wages and benefits as before the 
leave.
Citizenship Ceremony Leave
Employees who have worked with an employer for more than 13 consecutive weeks and

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who are new Canadian citizens are eligible for one day of unpaid citizenship ceremony 
leave. Employees must provide notice to the employer as soon as possible before the leave. 
Quick Reference Chart: Service Leave
Reserve Force Nomination/Election and  
Candidate/Public Office
Citizenship  
Ceremony
Employee 
Qualifying Period More than 13 weeks More than 13 weeks More than 13 weeks
Employee Notice 
to Employer Four weeks Four weeks As far as possible in 
advance
Evidence 
Required
Reserve official’s 
certificate If requested If requested
Eligible 
Employee Reserve member Employee seeking or 
holding public office New citizens
Leave Period As required
For a reasonable period for 
nomination and election. If 
elected, for the length of the 
office.
One day unpaid
Benefits 
Participation
Yes, for the duration of 
the leave
Yes, up to a maximum of 52 
weeks
Yes, employee payment 
not required
Seniority Accrual Yes Yes Yes
Employee 
Return Notice to 
Employer
Four weeks or 
reasonable notice Four weeks As far as possible in 
advance
Reinstatement 
Rights
Same or comparable 
job Same or comparable job Same job
Wage Protection Yes Yes Yes

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Health Leaves
This includes organ donation leave, critically ill child care leave, critically ill adult care leave 
and compassionate care leave.
Organ Donation Leave
Organ donation leave is unpaid, job-protected leave of up to 26 weeks for the purpose of 
undergoing surgery to donate all or part of an organ.
An employee must have worked with the employer for more than 13 weeks to be eligible 
for this leave. Written notice must be provided to the employer four weeks before the leave 
begins. The employee must also notify the employer as soon as possible about their return 
date. An employer may ask for a medical certificate with the notice.
Upon return, an employee is entitled to return to the same job if the employment leave is 
for 60 days or less. If the leave is longer than 60 days, the employee can be reinstated to a 
comparable job. The employee must receive at least the same wage and benefits as before 
the leave.
Critically Ill Child Care Leave
Critically ill child care leave is an unpaid, job-protected leave of up to 37 weeks. This leave 
can be taken in one block of time or in multiple blocks of time within a 52-week period 
providing no block is shorter than one week in duration.
Parents are eligible for this leave to provide care or support to a critically ill or injured child. 
Eligible parents who take this leave from work may be eligible for Employment Insurance 
Special Benefits for Parents of Critically Ill Children. Visit a Service Canada Office or call them 
toll-free at 1-800-206-7218.
An employee must have worked with the employer for more than 13 consecutive weeks 
to be eligible for this leave. Written notice must be provided to the employer as soon as 
possible before the leave begins. The employee must also notify the employer as soon as 
possible on their return date.
Upon returning, an employee is entitled to return to the same job if the employment leave 
is for 60 days or less. If the leave is longer than 60 days, the employee can be reinstated to 
a comparable job. The employee must receive at least the same wage and benefits as before 
the leave.
Compassionate Care Leave
Compassionate care leave is an unpaid, job-protected leave of up to 28 weeks. This can 
be taken in single or multiple blocks of time within a 52-week period providing no block 
is shorter than one week in duration. The leave is intended to provide employees the 
opportunity to provide care and support to a family member who is gravely ill and who has 
a significant risk of death within 26 weeks.
You can receive compassionate care benefits for a variety of family members—both yours 
and those of your spouse or common-law partner.

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To be eligible for this leave, an employee must have worked with the employer for more 
than 13 consecutive weeks. Written notice must be provided to the employer as soon 
as possible before the leave begins. The employee must provide a doctor’s note at the 
employer’s request. The employee must notify the employer of their intended return to work 
date as soon as possible. 
The employee can return to the same job if the leave is 60 days or less. The employer 
may reinstate the employee into a comparable job if the leave is longer than 60 days. The 
employee must receive at least the same rate of pay and benefits as before the leave.
Employees who take this leave may be eligible for Employment Insurance Compassionate Care 
Benefits through Service Canada. Contact Service Canada toll-free at 1-800-206-7218 or  
www.servicecanada.gc.ca for more information.
Note: Under employment insurance rules for compassionate care leave, a common-law 
partner is a person who has been living in a conjugal relationship with another person for at 
least a year.
Under Canada’s Employment Insurance Act, employees can receive leave to care for their 
family members or a family member of a spouse or common-law partner. Refer to the 
Employment Insurance Act for clarification.
Critically Ill Adult Leave 
Critically ill adult leave is an unpaid, job protected leave of up to 17 weeks to care for an 
adult family member who is critically ill or injured.
An employee must have worked with the employer for at least 13 weeks to be eligible for 
this leave. Written notice must be provided to the employer as soon as possible before the 
leave begins. The employee must also notify the employer as soon as possible on their 
return date.
The employer can request a medical certificate from a qualified medical practitioner. The 
medical certificate needs to confirm that the family member is ill and needs their assistance.
Upon returning, an employee is entitled to return to the same job if the employment leave 
is for 60 days or less. If the leave is longer than 60 days, the employee can be reinstated to 
a comparable job. The employee must receive at least the same wage and benefits as before 
the leave.
For more information about eligibility for Employment Insurance benefits, please contact 
Service Canada at 1-800-206-7218.

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A family member or a family member of a spouse or common-law partner includes: 
Family Members
• Children
• Wife, husband, common-law partner
• Father, mother
• Father’s wife, mother’s husband
• Common-law partner of the father or the 
mother
• Brothers, sisters, stepbrothers, stepsisters
• Grandparents, step-grandparents
• Grandchildren, their spouses or  
common-law partners
• Sons-in-law, daughters-in-law (married or 
common law)
• Father-in-law, mother-in-law (married or 
common law)
• Brothers-in-law, sisters-in-law (married or 
common law)
• Uncles, aunts, their spouses or  
common-law partners
• Nephews, nieces, their spouses or 
common-law partners
• Current or former foster parents
• Current or former foster children, their 
spouses or common-law partners
• Current or former wards
• Current or former guardians, their 
spouses or common-law partners
Family Members of Spouse or Common-
Law Partner
• Children
• Father, mother (married or common law)
• Father’s wife, mother’s husband
• Common-law partner of the father or the 
mother of your spouse or common-law 
partner
• Brothers, sisters, stepbrothers, stepsisters
• Grandparents
• Grandchildren
• Sons-in-law, daughters-in-law (married or 
common law)
• Uncles, aunts
• Nephews, nieces
• Current or former foster parents
• Current or former wards

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Quick Reference Chart: Health Leaves
Organ Donation Critically Ill  
Child Care
Critically Ill  
Adult Care
Compassionate 
Care
Employee 
Qualifying Period
More than 13 
consecutive 
weeks
More than 13 
consecutive weeks
More than 13 
consecutive 
weeks
More than 13 
consecutive 
weeks
Employee Notice 
to Employer Four weeks As far as possible 
in advance
As far in advance 
as possible
As far as possible 
in advance
Evidence Required Medical certificate Medical certificate Medical certificate Medical certificate
Eligible Employee Organ donor Either or both 
parents
Member of 
employee’s family
Member of 
employee’s family
Leave Period
As required, up to 
a maximum of 26 
weeks
37 weeks 17 weeks 28 weeks
Benefit 
Participation Yes Yes Yes Yes
Seniority Accrual Yes Yes Yes Yes
Employee 
Return Notice to 
Employer
Four weeks As far as possible 
in advance
As far as possible 
in advance
As far as possible 
in advance
Reinstatement 
Rights
Same or 
comparable job
Same or 
comparable job
Same or 
comparable job
Same or 
comparable job
Wage Protection Yes Yes Yes Yes

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Interpersonal Violence Leave
Interpersonal violence is defined in The Victims of Interpersonal Violence Act and applies in 
determining eligibility for Interpersonal and Sexual Violence Leave. 
Employees who are victims of interpersonal or sexual violence, or are the parents or 
caregivers of a victim, are entitled to this leave. The time off work may be taken for one or 
more of the following reasons:
• To seek medical attention for a victim with respect to a physical or psychological injury 
or disability caused by interpersonal or sexual violence; 
• To obtain services from a victim services organization
• To obtain psychological or other professional counselling; 
• To relocate temporarily or permanently; or
• To seek level or law enforcement assistance, including preparing or participating in a 
civil or criminal legal proceeding related to or resulting from the interpersonal violence 
or sexual violence.
This is a job-protected leave of up to 10 days in a period of 52 weeks. It can be taken all at once, 
or intermittently (broken down into days or hours as necessary). Only time spent away from 
work would be considered leave time. Employees are entitled to five paid days, followed by five 
unpaid days.
Employees are entitled to a leave of up to 16 weeks. This additional leave must be taken 
all at once and is unpaid. Employees must have worked for an employer for a minimum 
of 13 weeks and will be required to provide evidence of the services being received if the 
employer requests it. This could be written confirmation from:
• a social worker;
• a member of the College of Psychologists;
• a duly qualified medical practitioner;
• a practicing member of the Saskatchewan Registered Nurses Association or the 
Registered Psychiatric Nurses Association of Saskatchewan;
• a member of the Royal Canadian Mounted Police or another police service; or
• another person approved by the employer who is employed by an agency or organization 
that provides emergency or transitional shelter or support for victims of interpersonal 
violence.
For more information refer to 12.4(4) of The Victims of Interpersonal Violence Act to learn 
more about the acts governing membership of those groups. 
Employers are required to ensure personal information about employees accessing the leave 
is kept confidential.

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Public Health Emergency Leave
A public health emergency leave applies when the provincial chief medical health officer 
issues an order that a disease is present in Saskatchewan and individuals must take 
measures to reduce or prevent the spread of disease, including isolating themselves from 
others.
An employee is entitled to unpaid public health emergency leave when they are directed to 
isolate themselves by:
• their employer;
• the government;
• their doctor; or
• the chief medical health officer of the province.
Employees are also eligible to access the unpaid leave when they are required to isolate 
themselves or care for their child or adult family member who have been affected by an 
order or direction of the Government of Saskatchewan or an order of the chief medical 
health officer during a public health emergency.
During a public health emergency, employees are entitled to leave for the length of time they 
are ordered by their employer, government, their doctor or the chief medical health officer to 
remain away from work to comply with a public health order.
Employees are entitled to their regular wages and benefits if their employer authorizes them 
to work from home during the period as set out by order of the chief medical health officer 
or government.
Employees do not have to work for an employer for a minimum amount of time or require a 
medical note to access this leave if eligible.
While notice to the employer is not required to take public health emergency leave, 
employees are encouraged to always be in contact their employer regarding their leave.
The length of time for a public health emergency leave will depend on the order and may be 
different in each individual circumstance. An employee is entitled to this leave for as long as 
the public health order is in place and applies to the employee unable to attend work.
Employees who have been informed by their employer that they provide critical public 
health and safety services are not eligible for public health emergency leave, although they 
may be if they are directed to isolate by a doctor, the Government of Saskatchewan or the 
chief medical health officer.

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Quick Reference Chart: Interpersonal Violence and Public Health Emergency Leaves
Interpersonal Violence Public Health Emergency
Employee 
Qualifying 
Period
More than 13 weeks None
Employee 
Notice to 
Employer
As far as possible in advance None
Evidence 
Required If requested None
Eligible 
Employee
Survivor of interpersonal or sexual 
violence OR a caregiver/parent of a 
survivor
Employee or if caring for a family member 
affected by an order or direction
Leave Period
Five employer paid days and
five unpaid days (can be taken hours or 
days at a time as required) and another 
leave up to an additional 16 consecutive 
weeks
For the length of the applicable order or 
direction
Benefit 
Participation Yes Yes
Seniority 
Accrual Yes Yes
Employee 
Return Notice 
to Employer
As far as possible in advance None
Reinstatement 
Rights
60 or fewer days: same job 
More than 60 days: same or comparable 
job   
60 or fewer days: same job
More than 60 days: same or comparable 
job
Wage 
Protection Yes Yes. Wages are to be paid if the employer 
allows the employee to work from home

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Absence From Work Due to Illness or Injury (Sick Leave)
If certain conditions are met, employees are protected from discriminatory action if they are 
absent from work due to their own illness or injury or because of the illness or injury of a 
family member dependent on them.
Discriminatory action includes any adverse action taken by the employer that affects 
their employment. This includes termination, layoff, discipline, changes of hours of work, 
intimidation, reduction in wages, loss of opportunity for promotion, demotion and transfer.
Paid sick leave is not provided for in The Saskatchewan Employment Act. However, employers 
and employees may agree to paid sick leave.
Missing Work Due to an Illness or Injury
Employers may not discharge, discipline, or take any other discriminatory action against 
employees who have worked for them for more than 13 consecutive weeks because of 
the absence due to the illness or injury of the employee or a dependent immediate family 
member: 
• if the absence does not exceed 12 days in a calendar year for an illness or injury that is 
not serious; or
• if the absence does not exceed 27 weeks in a period of 52 weeks for serious illness or 
injury or the employee is receiving benefits under The Workers’ Compensation Act.
If an employee’s absence for illness or injury is related to a public health emergency order 
in Saskatchewan to reduce spreading of disease, the employee is not required to provide a 
medical note to the employer. There is no requirement for the employee to have 13 weeks of 
employment with the employer to access this protected time from work.
Medical Certificates
As a condition for this protection, the employer may require the employee to provide a 
medical note to verify their absence due to illness or injury, or the illness or injury of an 
immediate family member dependent on them if: 
• The absence continues for more than five consecutive working days; or
• The employee has had non-consecutive absences of two or more working days due to 
sickness or injury in the preceding 12 months. 
Employers must request medical notes in writing. Notes may be required for absences after 
these threshold have been met.
Using Vacation as Sick Leave
While not specifically indicated in legislation, some employers and employees agree to use 
vacation and vacation pay when employees are sick. Vacation days used as sick leave should 
be clearly identified on the employee’s pay and attendance records.

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Missing Work Due to a Family Member’s Illness or Injury
Employees are also entitled to job protection while they are absent from work due to the 
serious illness or injury of a member of the employee’s immediate family who is dependent 
on the employee. An employer may request that the employee provide a doctor’s certificate 
certifying that the family member was ill or injured.
Duty to Accommodate Disabled Employees
When reasonably practicable, if the employee becomes disabled from performing essential 
parts of their job, an employer must modify the employee’s duties or re-assign the employee 
to other duties. This protects an employee’s employment by helping to keep them at work to 
perform other work within their medical restrictions. 
Employees are protected from adverse discriminatory action (e.g. termination, reprimand, 
coercion, intimidation, loss of opportunity for promotion) by their employer for requesting 
this accommodation. 
Both employers and employees should participate in the process to explore job duty 
accommodations. 
Layoff and Termination
Both employers and employees may terminate employment. However, employers are the 
only ones that can lay off an employee. There are rules that employers must follow when an 
employee is laid-off or terminated. There are additional rules that an employer must follow 
if there is a group termination. There are also requirements for employees who end their 
employment (i.e., quit or resign).
Individual Termination by an Employer
Layoff Verses Termination
A layoff occurs when the employer removes work from the employee for a period longer 
than six work days in a row. Therefore, an employer may lay off an employee for up to and 
including six days without any notice. An employee is laid off as of their first day without 
work. 
A termination is a permanent dismissal (firing) by the employer or a resignation by the 
employee.
Minimum Notice Employers Must Provide Employees
Employees who have been employed for more than 13 consecutive weeks by the employer, 
must be given written notice of a clear and specific date of layoff or termination by the 
employer or pay instead of notice. The minimum amount of notice or pay instead of 
notice depends on an employee’s length of employment with the employer. An employee’s 
employment period includes vacation, employment leave and any period of leave or absence

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the employer allows or must allow.
Required Minimum Notice Periods or Pay Instead of Notice
Employee’s Period of Employment Minimum Period of Written Notice
More than 13 weeks but one year or less One week
More than one year but three years or less Two weeks
More than three years but five years or less Four weeks
More than five years but 10 years or less Six weeks
More than 10 years Eight weeks
During the notice period, the employee’s pay rate and normal hours of work cannot be 
reduced.
Rights of Employees Under Common Law
Notice requirements set by employment standards are legislative minimums. Employees, 
especially long-term employees, might be entitled to more notice or pay instead of notice 
under common law. This amount of reasonable or “common law” notice is not enforced 
under employment standards. Employers and employees should consult a lawyer for more 
information.
Notice requirements after change of ownership
If an employee is still employed at a business after a sale, lease or transfer to a new employer, 
their service with the previous employer is maintained when determining the amount of 
notice they are entitled to if they are later laid off or terminated. Employees are entitled to 
notice or pay instead of notice based on how long they were employed by both employers.
Pay Instead of Notice
If the employee is not allowed to work out the notice period, or notice isn’t provided, pay 
instead of notice is required. 
Pay instead of notice means payment of the employee’s normal weekly wages for the 
required notice period. 
If wages vary from week to week, a normal week’s wage is the average wage for the last 13 
weeks worked, not including overtime.
Example: 
If an employee earns $7,000 in regular wages in the 13 weeks before a notice is given, 
normal wages will be $7,000 divided by 13 weeks ($538.46 per week).
If the employee is given a working notice, the employee’s schedule should ensure that they 
would earn no less than their normal wages for each week ($538.46 in this example) during 
the notice period. 
If they earn less than their normal wages, the employer must make up the difference. For 
example, if the employee’s schedule only allowed them to earn $400 per week during the

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notice period, the employer must provide an extra $138.46 per week ($538.46 - 400 = 
$138.46).
Vacation Pay and Period of Notice
Vacation pay is calculated on an employee’s “wages” for each year. If pay instead of notice 
is being provided, vacation pay does not have to be calculated on the amount.
However, employees are entitled to their vacation entitlement for working through their 
notice period.
Paying Out Departing Employees
Employees must be paid out in full within 14 days of their last day of work. If a payday falls 
within those 14 days, the employee must be paid for the pay period on their regular payday.
Wages that must be paid out by the end of the 14 day period include: 
• regular wages (including banked overtime); 
• public holiday pay and pay for working on a public holiday;
• pay instead of notice (if required); 
• overtime pay; and 
• vacation pay. 
If the employer gives notice to the employee:
• banked overtime cannot replace a notice period; 
• vacation days cannot replace a notice period; and
• the employee’s normal hours and wages cannot be reduced during the notice period. 
If an employee is given pay instead of notice:
• banked overtime payouts cannot replace pay instead of notice; and
• vacation pay cannot replace pay instead of notice. 
However, employees may request to use vacation or banked overtime during a notice period.
Where Notice or Pay Instead of Notice is not Required
Notice or pay instead of notice is not required if the:
• employee has less than 13 weeks of continuous employment with the employer;
• employee refuses to work out a notice period or otherwise voluntarily resigns;
• contract of employment has a definite end date; 
• employer has just cause to dismiss the employee; or
• employee resigns.
Just Cause 
Generally, courts have ruled that just cause may exist if the employee is guilty of serious

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misconduct, such as theft, violence, insubordination, or willful misconduct. Just cause may 
also include excessive employee absenteeism, chronic tardiness and other unscheduled 
absences from work.
The facts and circumstances surrounding the misconduct must be examined carefully. Each 
case is different. The employee’s position and length of service must be considered.
Personality conflicts, general dissatisfaction with performance, or one incident of 
inappropriate behaviour or misconduct, are usually not serious enough for just cause to 
terminate without notice. In these instances, corrective action may be more appropriate.
Employers should encourage improvement by identifying reasonable performance standards, 
conducting performance reviews over a reasonable period, and informing the employee 
of the consequences (such as termination) for failing to meet the required standards. 
Employers must provide employees a reasonable opportunity to make the improvements or 
changes needed to retain employment.
Good record keeping can be helpful in showing due diligence.
Employers who condone or ignore misconduct may be prevented from claiming that the 
dismissal was for just cause. Condonation means that the employer has largely left the 
misconduct or poor performance unaddressed. Usually, for an employer to have just cause 
to terminate an employee without notice, an employee must be told that their behaviour will 
lead to termination if it is not corrected and they must be provided reasonable opportunity 
to correct their behaviour or the employee should know, or reasonably ought to know their 
behaviour would lead to immediate termination. Otherwise employers won’t have a strong 
case to not provide notice or pay instead of notice, as the employee would not have been 
made aware that their behaviour was unacceptable. In all cases, the onus is on the employer 
to show the behaviour occurred and termination without notice was appropriate.
Employers who are thinking about dismissing an employee for “just cause” should get legal 
advice before taking action.
Even if notice is provided, an employer is not allowed to terminate an employee for a 
reason that is protected under the Act. Protected reasons in various sections of the Act 
include: filing a complaint, reporting an offense by the employer, illness or injury, requesting 
modifications or reassignment of job duties to accommodate a disability, requesting a leave, 
pregnancy or requesting compliance with the legislation. 
Termination when an Employer Changes Employment
Employers may be found to have terminated an employee if they change employment. An 
employer may have constructed an employee’s dismissal if they unilaterally change fundamental 
terms or conditions of an employee’s work arrangement (e.g. change in pay, work hours, 
work location, duties, demotion, etc.) without proper notice or the employee’s acceptance by 
remaining to work under the new terms or conditions for a reasonable period of time. This may 
also occur if the employer acts in a way toward the employee that makes continued employment 
intolerable. Changes would have to be detrimental to the employee. The employee would have 
to leave their employment within a reasonable period and file a claim for pay instead of notice, 
arguing the employer terminated them by installing a new, lesser employment contract that the

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employee does not accept.  
Protection for Employees who are Ill, Injured or on Workers’ Compensation
No employer may lay off or terminate an employee due to illness or injury of the employee 
or illness or injury of the employee’s dependent immediate family member.
Employers are prohibited from firing or laying off employees who are absent due to sickness 
or injury for up to 12 days in a calendar year or 27 weeks in a period of 52 weeks if the 
illness or injury is serious or is receiving Worker’s Compensation benefits. Employees must 
have 13 consecutive weeks of employment for this protection, unless the employee’s illness 
or injury is related to a public health emergency in Saskatchewan.
In addition, no employer may lay off or terminate an employee for any other protected 
reason under the legislation’s discriminatory action protections. The only exception to this 
protection is where the employer can establish good and sufficient other reason for any 
discriminatory action, including layoff or termination.
The Saskatchewan Human Rights Code
Complying with employment standards will not protect an employer who is found to have 
discriminated against an employee for a prohibited reason under The Saskatchewan Human 
Rights Code.
The Saskatchewan Human Rights Code prohibits employers from terminating employees on 
the basis of race or perceived race, creed, religion, colour, sex, sexual orientation, family 
status, marital status, disability, age, nationality, ancestry, place of origin, or receipt of 
welfare. Contact the Saskatchewan Human Rights Commission toll-free at 1-800-667-9249 or  
www.saskatchewanhumanrights.ca for more information.
Group Termination
A group termination occurs when an employer terminates 10 or more employees in a 
workplace or number of workplaces in a community with a common employer within any 
four-week period. Termination includes a layoff with no recall date or a layoff of 26 weeks or 
more. 
Minimum Notice Required for Group Terminations
The minimum notice for a group termination is:
• 25 to 49 employees: four weeks
• 50 to 99 employees: eight weeks
• 100 or more employees: 12 weeks
Individual Notice Requirements Affect Group Terminations
Individual notice of termination is still required when the termination is part of a group 
termination. Employees affected by a group termination must receive both group and 
individual notice of termination.

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The employer can give notice of individual and group termination in the same document 
and at the same time, provided the notice given meets the time required for both individual 
and group terminations.
Where Notice of Group Termination is not Required
An employer is not required to give notice of group termination where the employees:
• work on an “on call” basis;
• are employed for a definite period (e.g., eight weeks);
• are employed for a specific project with a completion date that is reasonably foreseeable 
in any industry, other than the construction industry, or occupation;
• are employed in the construction industry for a specific project with a completion date 
that is reasonably foreseeable, except if the employment is any occupation carried on in 
an office;
• are offered and refuse reasonable alternate work;
• are employed on a seasonal basis;
• are laid off for a period less than 26 weeks; or
• are unable to work because of an unforeseen event.
Who Must Receive Written Notice of Group Termination
An employer must provide written notice to:
• the minister of Labour Relations and Workplace Safety;
• each employee whose employment will be terminated; and
• any union representing the affected employees. 
The written notice must indicate the:
• number of employees who will be terminated;
• effective date or dates of their terminations; and
• reason(s) for the terminations.
Individual Termination by the Employee (Quit or Resignation)
Minimum Notice Employees Must Provide Employers
Most employees with at least 13 weeks of service with the employer must give written 
notice at least two weeks before leaving the job. The notice must state the last day on which 
the employee is ending their employment.
Employees are not required to give notice to the employer if:
• there is a different industry custom or practice;
• the employees health or safety is in danger by continuing;
• the employment contract is impossible to be performed for unforeseeable or 
unpreventable causes beyond the employee’s control;
• the employee is temporarily laid off;
• the employee is temporarily laid off after refusing reasonable alternative work;

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• the employee is employed in an arrangement where they may choose to work or not 
work for a temporary period; or
• the employee quits because of reduction in wage rate, vacation pay, public holiday pay 
or termination pay.
Employee Resignation/Abandonment
Employers must ensure employees have quit or resigned, rather than assuming they 
have. Employees may be in need of a leave or be unclear about workplace attendance 
requirements. Employers need to believe the employee intended to end their own 
employment and the employee’s words and actions also need to reasonably demonstrate 
that intention. 
Requesting documentation of clear intention and effective dates from employees help clarify 
time lines and intent. Without clear evidence of a resignation/abandonment, employers may 
later be found to have terminated the employee and owe pay instead of notice.

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Care Providers and Domestic Workers
There are two categories of household workers:
1. A care provider is someone hired primarily for the care and supervision of an immediate 
family member in either the home of the employer or the home of the family member 
requiring care.
2. A domestic worker is someone hired primarily to perform work in the private residence 
of the employer related to the management and operation of the household (i.e., cleaning, 
washing and gardening). This does not include the supervision and care of an immediate 
family member.
Employees who work for companies that provide similar services are fully covered by 
Saskatchewan’s employment standards. This includes companies providing commercial 
home cleaning services and home care services. Live-in care providers and domestic workers 
reside at the employer’s address.
Rules for Care Providers
Care providers are exempt from the minimum wage, overtime and the requirement to be 
provided with notice of termination or pay instead of notice. All other employment standards 
apply.
For live-in care providers the hourly rate during the first eight hours must be at least the 
minimum wage. The employee and employer may agree to any hourly rate for work time 
in excess of eight hours in a day. If there is compensation negotiated for hours in excess of 
eight hours in a day, overtime rules would apply to that compensation at 1.5 times the rate 
of compensation. Live-in care providers must also receive two consecutive days off per week. 
Other special provisions include a maximum deduction of $250.00 per month for room 
and board. Except for these special rules, all other employment standards apply, including 
overtime.
Rules for Domestic Workers
Domestic workers are fully covered by employment standards.
For live-in domestic workers, the hourly rate during the first eight hours must be at least the 
minimum wage. The employee and employer may agree to any hourly rate for work time 
in excess of eight hours in a day. If there is compensation negotiated for hours in excess 
of eight hours in a day, overtime rules would apply at 1.5 times the rate of compensation. 
Live-in domestic workers must also receive two consecutive days off per week. Other special 
provisions include a maximum deduction of $250.00 per month for room and board. Except 
for these special rules, all other employment standards apply, including overtime.
Records for Hired Care Providers and Domestic Workers
Employers have to maintain payroll records that include: hours worked each day, the time 
when work begins and ends, the wages paid, the dates annual vacation is taken and vacation 
pay paid, the details of the employment contract (including the hourly rate), and the

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deductions made from the employee’s wages. See Payment of Wages for more information.
Statements of Earnings (Pay Stubs)
Care providers and domestic workers must be provided the same statements of earnings as 
other employees.
Quick Reference Chart: Employment Standards Coverage for Home Workers,  
Care Providers, Domestic Workers, and Sitters
Minimum Wage Overtime Notice of Termination
Care 
Provider No None, unless 
negotiated No
Live-in Care 
Provider Yes, first eight hours/day* Yes* Yes
Domestic 
Worker Yes Yes Yes
Live-in 
Domestic 
Worker
Yes, first eight hours/day* Yes* Yes
*Note: come-in and live-in care providers and live-in domestic workers must negotiate pay for any 
additional hours worked over eight hours in a 24-hour period. If there is compensation negotiated for 
hours in excess of eight hours in a day, overtime rules would apply to that compensation at 1.5 times the 
rate of compensation.
Employee Living Accomodations
Employers must not require or pressure an employee to live in an accommodation provided 
by the employer that the employee finds unsuitable, unsafe or unsanitary. 
Youth in the Workplace
Minimum Age of Employment
In Saskatchewan under The Employment Standards Regulations, 2025 the unrestricted 
minimum age of employment is 16. 14 and 15-year-olds may work if they provide their 
employer with copies of:
• the written permission of one of their parents or guardians; 
• a certificate of completion from the Young Worker Readiness Certificate Course (YWRCC) 
signed by one of the youth’s parents or guardians; and
• proof of age.

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If the employer pays by direct deposit the young person must provide the employer with 
their banking information. Employers must keep these documents on file.
14 and 15-year-olds cannot work:
• more than 16 hours in a week in which school is in session;
• after 10:00 p.m. on a day preceding a school day; 
• before classes begin on a school day; or
• during the school session unless permitted by the school principal.
Exceptions
These restrictions apply in any week where there is a school day. Hours of work restrictions 
do not apply during school holidays and extended breaks in the school year. 
The authorization to vary youth employment rules permit allows youth employment rules to 
be varied only if the parent, employer and young person (less than 16 years old) all agree.
There are age restrictions under other laws, such as Part III of the Act (Occupational Health 
and Safety) in The Saskatchewan Employment Act and The Education Act. These restrictions 
limit the type of jobs young people can do. 
Young Worker Readiness Certificate Course
The Young Worker Readiness Certificate Course (YWRCC) introduces youth to their rights 
and responsibilities as employees in the workplace. The course is administered through 
WorkSafe Saskatchewan, a partnership between the Saskatchewan Workers’ Compensation 
Board and the Ministry of Labour Relations and Workplace Safety. It provides information 
about employee wellness, the rules for health, safety and employment standards in the 
workplace. It contains information they need to know before starting their first job. The 
course can be taken online or in a workbook format.

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Complaints and Enforcement
The complaint could involve monetary issues such as: 
• Not being paid correctly;
• Pay instead of notice of layoff or termination;
• Overtime;
• Public holiday or annual vacation pay; 
• Discriminatory action; and/or
• Tips.
The complaint could also involve non-monetary issues such as: 
• Not being paid regularly or on time; 
• Improper notice of a work schedule;
• Periods of rest; and/or
• Not receiving statements of earnings (pay stubs).
Prior to submitting a complaint, we recommend that you and your employer try to resolve the 
issue together. If you are not able to resolve the issue with your employer, you can file a formal or 
anonymous complaint.
If you are unsure if your complaint is regarding an employment standards issue, or if you have any 
questions prior to submitting a complaint, contact Employment Standards at 1-800-667-1783 or 
email employmentstandards@gov.sk.ca.
The Act also applies to employees who ordinarily or occasionally work from home as if the 
employee works in an employer’s location. 
Filing Complaints with Other Jurisdictions
While most work in Saskatchewan is provincially regulated, not all workplace complaints 
should be initially filed with Employment Standards. For example:
• employees in a unionized workplace may need to file a complaint with their union, as the 
issue may be covered in the collective bargaining agreement;
• employees working outside of Saskatchewan should file a complaint with the 
employment standards agency of the province where that work is performed;
• the complaint may regard an issued protected under different legislation, such as human 
rights or occupational health and safety; and
• employees working in an industry regulated by the federal government (for example 
employers involved in First Nations government activities, banking, air transportation, 
telephone and cable systems, grain elevators and seed mills, uranium mining and processing,

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or licensed interprovincial trucking) should file a complaint with the Federal Labour Program 
(Employment and Social Development Canada).
Please call Employment Standards at 1-800-667-1783 if you have questions or concerns about 
making a complaint, including determining which regulatory body you should file a complaint with.
Please note that the employer has 14 days to provide final payment of wages. Therefore, some 
claims are valid only after that 14-day period has elapsed.
Formal Complaint
A formal complaint process should be used if:
• you would like to request an investigation into a specific employment standards concern;
• you need help to recover unpaid wages you are entitled to under Part II of the Act; or
• you have a non-monetary concern, such as not receiving a work schedule or unlawful 
discriminatory actions.
A formal complaint is typically filed by the employee making the complaint.
If the claim is for unpaid wages, you must file the formal complaint within 12 months of 
the last day that your wages are payable; often 14 days from your final day of employment. 
Non-wage related complaints must be filed within 12 months after the complainant knew or 
reasonably should have known of the alleged contravention.
To help with our investigation, include statements of earnings (pay stubs), employment 
agreements, letters of offer or termination, hours of work records, and payment information 
(cheques, deposits, e-transfers) and any other evidence to support your claim with your complaint.
How to file a formal complaint
Formal employment standards complaints can be submitted using our online formal complaint 
form or by downloading a formal complaint form.
A downloaded formal complaint form can be sent by email to employmentstandards@gov.sk.ca, 
or dropped off, mailed or faxed to the Employment Standards office closest to you. 
Please include any supporting documentation with the complaint.
To help complete the complaint form, employees will need the following information:
• the employer’s name, address, telephone number, postal code and the name of their 
supervisor;
• their address, postal code and phone number;
• the date they started work and the date they ended work (if no longer employed);
• their wage rate, regular hours of work per day and per week (if it is a wage complaint);
• if available, a paycheque/paystub or a statement of earnings if pay is direct deposited (if 
it is a wage complaint); and
• details about the claim (for example, if a wage complaint, the dates for which wages are 
being claimed and the amount).

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Recovery of wages is limited to wages payable within either the 12 months before the claim 
is made or the 12 months before the end of employment. 
Anonymous Complaint
How to file an anonymous complaint
The anonymous employment standards complaint process is designed to assist those 
employees who are still employed and may not be comfortable filing a formal complaint. 
Complainants are not identified to the employer, as they are with formal complaints. If the 
employee no longer works there, they often will file a formal complaint. 
Anonymous complaints can be filed by an employee. Anonymous complaints are typically 
used to address employer payroll issues such as incorrect wage calculations and payments, 
unposted work schedules, and a lack of pay stubs. If the complaint is regarding a specific 
case of unpaid wages – such as an employee who has not received their final paycheque – 
then a formal complaint must be submitted. A formal complaint is required if an employee 
believes unlawful discriminatory action has been taken against them. Written complaints 
with some supporting evidence are required for a prohibited reason under the Act.
Upon receiving an anonymous complaint, Employment Standards will contact and work with the 
employer to determine if there is non-compliance with employment standards and to correct the 
issue. Employment Standards will work with the employer to ensure that from this point on, the 
provisions of the Act are followed in this workplace. 
The complainant’s name will be kept confidential, unless disclosure is required by a legal authority.
An anonymous complaint may be filed through our online anonymous complaint form 
(insert link to form) or by downloading. Forms may be obtained by visiting any of the our 
Employment Standards offices listed on saskatchewan.ca. 
Please mail or fax your completed anonymous complaint form to:
Compliance Review and Collection Unit
Employment Standards 
300 - 1870 Albert Street
Regina, Saskatchewan  S4P 4W1
Fax: 306-798-8001
While some wage correction occurs as a result of anonymous claims, wages are often 
adjusted going forward, rather than retroactively. 
If you require more information, call toll-free 1-800-667-1783 or email Employment 
Standards at employmentstandards@gov.sk.ca.
After Submitting a Complaint
An Employment Standards officer reviews the complaint form and any record of evidence 
provided and may call the employee for more information. Officers do not represent the 
complainant or the employer. Their role is to enforce and promote legislative compliance.

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The first step in the process is usually to determine if Employment Standards has the authority 
to address the issues. This often means determining if the complainant is an employee as 
defined in the Act, or if they fall under federal jurisdiction, another Canadian jurisdiction, or 
are an independent contractor. The officer will also contact the employer and may inspect the 
employer’s payroll records, talk with other employees and gather other evidence. 
Employment Standards officers use the evidence available to determine if wages are owing 
or if there is a non-monetary compliance issue. Employers must keep accurate and complete 
records to show they met the legislative requirements. However, if good records aren’t kept 
by the employer, a complaint may be successful. Employment Standards may use other 
sources of evidence, such as an employee’s personal records, including hours worked and 
payments, to determine if the employer paid correct wages under the Act.
Protection for Employees Filing Complaints
If an employee complains that their employer took discriminatory action for making a 
complaint, the employer must show that any  discriminatory action if taken, was not because 
of the complaint.
If an employer is found to have taken a discriminatory action against an employee for filing a 
complaint, the employer may be required to stop the discriminatory action, reinstate the employee 
and pay any wages the employee would have earned if the unlawful discriminatory action wasn’t 
taken.
Information Sharing
When a person files a formal complaint, they are asked for their consent to disclose the 
nature of the complaint and relevant details with the employer. This enables the employer to 
be able to properly respond. 
Unless protected by law, information collected during an investigation is shared with the 
parties. The officer usually shares information verbally, but also by email or letter.
What Employment Standards Will Do if Wages are Owing
If the Employment Standards officer finds that wages are owed to the employee, the officer 
will let the employer know and will try to obtain payment from the employer. The employer 
will have an opportunity to respond to the inspection report, which outlines and explains 
the wages owed, and provide additional information to show wages have been paid or some 
lesser amount is owed. If an employer offers to settle a claim by paying less than what the 
officer asked for, the officer will tell the employee. The employee then has to decide whether 
to accept the amount offered. If the complaint is not resolved, the employment standards 
officer may issue a wage assessment on the employer and/or corporate director(s). 
 
Complaints Regarding Discriminatory Action
A formal complaint must be filed to investigate unlawful discriminatory action including 
discrimination for being absent from work due to illness or injury and pay discrimination.

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Employment Standards may investigate the complaint or defer the matter to another 
proceeding given the nature of the allegations and remedies.
If discriminatory action was taken because of one of the prohibited reasons, Employment 
Standards may require the employer to do any or all of:
• cease the discriminatory action
• reinstate the employee to their former employment
• pay any wages the employee would have earned, 
• remove any reprimand or record of the action   
Officers will investigate pay discrimination and attempt to resolve the matter informally. 
However, formal enforcement requires the matter to be referred to adjudicator.
 
Inspection Reports and Wage Assessment
If an Employment Standards officer finds that wages are owed to an employee following 
an investigation, the officer will issue an inspection report. This report will detail the 
calculation of wages owed and directs the employer to either provide more information or 
pay the amount owed. Most employers voluntarily pay the wages owed at this stage.
If the employer does not comply with an inspection report, Employment Standards will issue 
a wage assessment, which is a legal order to pay wages. A wage assessment can been issued 
against the employer, corporate directors or both. A fee is added to wage assessments if they 
are not paid and the appeal period is passed, or if the wage assessment is upheld.
Employment Standards will share information used to base any determination of wages 
owing with all parties.
How to Appeal a Wage Assessment
Wage assessments can be appealed by employers, corporate directors or employees if they 
disagree with the amount of wages assessed. Written notice of an appeal and the appeal 
deposit must arrive at Employment Standards within 15 business days of the date when you 
are served the wage assessment. A business day is a day other than a Saturday, Sunday or 
holiday.
The notice of appeal must give the reasons for the appeal of the decision and the relief 
requested, and can be mailed, emailed, couriered or faxed to:
Appeals Coordinator - Employment Standards
Ministry of Labour Relations and Workplace Safety 
300 - 1870 Albert Street

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Regina, Saskatchewan  S4P 4W1
Fax: 306-787-4780 
Email: employmentstandards@gov.sk.ca
Appeals may also be accepted in person, by fax or by any mail method at any Employment 
Standards Office. Contact our call center at 1-800-667-1783 for that office’s operating hours.
If you mail your notice of appeal, please send it by registered or certified mail so that you 
can prove the letter was delivered within the 15 business day time limit.
Appeal Deposit
An employer’s appeal must also include a deposit equal to the amount of the Wage 
Assessment up to a maximum of $1,000. For example, if the Wage Assessment is for $250, 
the appeal deposit would be $250. If the Wage Assessment is for $3,000, the appeal deposit 
would be $1,000.
If the Wage Assessment is upheld on appeal, the deposit will be automatically applied to the 
outstanding wage claim. If the Wage Assessment is fully or partially overturned, the money 
will be refunded to the employer.
An appeal deposit is not required for wage assessments regarding unlawful discriminatory 
action.
Who Hears the Appeal
The Saskatchewan Labour Relations Board appoints an impartial adjudicator to conduct 
an appeal hearing that gives the employee and the employer a fresh opportunity to share 
information. The onus is on whoever appealed the wage assessment to provide an argument 
and evidence to change or overturn the wage assessment. Evidence usually includes 
documents, records, witness testimony and previous legal decisions. Appeal hearings are 
normally held in person, but adjudicators have allowed phone or video calls for witness 
testimony.
The adjudicator will then make a decision as to how much, if any, wages are owing to 
the employee. Either the employee, the employer or a corporate director can represent 
themselves, or be represented by a lawyer or another person. The Employment Standards 
officer will give the evidence in support of the wage assessment or decision. The officer does 
not represent the employee or the employer. Evidence will normally include the claimant 
providing testimony as a witness.
Appealing an Adjudicator’s Decision
If the employee, employer or liable corporate director does not agree with the adjudicator’s 
decision, they may appeal on a question of law with the Board within 15 business days of 
receiving the decision.
If the Employment Standards does not agree with the adjudicator’s decision, they can file a 
notice of appeal with the Board within 30 business days of the date the decision was served.

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The appellant is required to provide copies of the notice of appeal to the same parties 
involved in the appeal to the adjudicator. The appellant is also responsible for providing 
case documents (known as a record of appeal) which consists of:
• the wage assessment or notice of hearing;
• the notice of appeal;
• any documents filed with the adjudicator during the hearing;
• the written decision of the adjudicator;
• the notice of appeal to the Board; and
• any other documents required by the Board.
Once the Board reviews the notice of appeal and record of appeal, it has the authority to 
affirm, amend or cancel the adjudicator’s decision. They can also send the decision back to 
the adjudicator for amendment. Once an appeal is submitted to the Board, the adjudicator’s 
decision is still in effect, unless the Board orders otherwise.
Withdrawing an Appeal
An employer,  employer, or corporate director may withdraw their appeal by serving a 
written notice of withdrawal on: 
• Employment Standards; 
• The other parties to the appeal; and
• The Adjudicator, if one has been selected.
The withdrawal must be served before the date of the hearing.
How Employment Standards Collects Wages 
Employment Standards can receive money from the employer or corporate directors if they 
choose to pay voluntarily, and this money will be paid to the employee.
If the employer does not pay, Employment Standards will issue a certificate that sets out 
how much money is owed to the employee. This certificate is filed in the Court of King’s 
Bench and becomes a judgment of that court. The Employment Standards Collections Unit 
uses it as authority for collections activities.
Enforcement of Non-monetary Violations
Non-monetary violations of the Act and regulations may be enforced in court. Anyone found 
to be guilty of an offence may be ordered to pay a fine.

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Foreign Worker Protection
Foreign workers are protected by the Act just as any other employee working in 
Saskatchewan. This includes protection from paying for jobs or information about jobs, and 
being required to return any amount of wages to the employer.
Foreign workers also have certain protections under The Immigration Services Act (ISA).
For more information, please contact the Ministry of Immigration and Career Training at 
1-833-626-9424, email pcb@gov.sk.ca or visit saskatchewan.ca.
Education and Resources
The Employment Standards Branch provides a number of education programs to increase 
awareness of provisions under Part II the Act.  The branch provides free customized 
presentations on employment standards for employers and community groups and 
associations.
Free webinars are available on a variety of topics. Visit the training page at Saskatchewan.
ca/business/employment standards to register for a live webinar or view a recorded 
webinar. These webinars can also be customized for specific employment standards topics 
for employers and employee groups.
Vacation Pay and Public Holiday Pay Calculators – These calculators are designed to 
help employers and employees understand how vacation pay and public holiday pay are 
calculated. They are not meant to be used for actual payroll calculations.
For more information contact Education and Training Services at:
306-787-4008 Regina
306-933-7889 Saskatoon
1-800-667-1783 Toll-free
306-787-4780 Fax
For more information, visit saskatchewan.ca/business/employment-standards/employment-
standards-training.

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Occupational Health and Safety
Toll-free: 1-800-567-7233 
Saskatchewan Labour Relations Board (Adjudication Appeals)
306-787-2406 Phone
306-787-7664 
www.sasklabourrelationsboard.com
Saskatchewan Human Rights Commission
 
306-933-5952 Phone
1-800-667-9249 Toll Free
306-933-7863 Fax
shrc@gov.sk.ca
Canada Revenue Agency (CRA)
Toll-free (Canada and United States):  
1-800-959-5525
Service Canada
Toll-free (North America): 1-800-206-7218
Publications Saskatchewan
306-787-6894 Phone
publications@gov.sk.ca
Find this document, legislation and other related publications at Publications Centre.

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For more information, please contact Employment Standards at the Ministry of Labour Relations and 
Workplace Safety:
Toll Free: 1-800-667-1783
Email: employmentstandards@gov.sk.ca
Website: www.saskatchewan.ca/business/employment-standards
Regina
300-1870 Albert Street
Saskatoon
8th Floor, 122 3rd Avenue North
Estevan
123-1302 3rd Street
Moose Jaw
222 110 Ominica Street West
North Battleford (by appointment only)
140-1146  102nd Street
Prince Albert
313-800 Central Avenue
Swift Current
204-350 Cheadle Street West
Yorkton
72 Smith Street East
Understanding Saskatchewan’s 
Employment Standards
