Bill 30, formally known as The Saskatchewan Employment Amendment Act, 2024, introduces significant modifications to The Saskatchewan Employment Act, S.S. 2013, c. S-15.1, aiming to enhance employment standards and clarify definitions within the regulatory framework.
These changes are scheduled to come into effect on the 1st of January 2026, so employers should be aware of the implications of Bill 30.
The updated legislation provides employers with the new flexibility to define a “workday” in two ways: it can be interpreted either as a standard calendar day (midnight to midnight) or as any 24-hour period commencing when an employee begins work. This modification offers significant scheduling advantages for employers who operate outside the typical nine-to-five model, especially those with shift work, extended hours, or irregular operations. The ability to select the most appropriate workday definition allows employers to better accommodate business demands, improve operational efficiency, and respond to employee needs in diverse work environments.
Implication: As a result of this expanded flexibility, employers are encouraged to review their internal scheduling policies and current workforce management practices. Revising documentation and ensuring that employee handbooks and timekeeping systems reflect the chosen workday definition is essential for maintaining clarity, preventing potential disputes, and ensuring compliance with the new standard.
Bill 30 introduces strict prohibitions for employers regarding the handling of employee gratuities or tips. Specifically, employers are now barred from withholding or making deductions from tips unless such actions are explicitly allowed by law. The legislation further stipulates that tip pooling (sharing tips among staff) is only permitted when conducted in accordance with prescribed regulatory conditions, which are expected to be outlined in upcoming regulations. These additional requirements are designed to enhance transparency and fairness in tip distribution but may trigger operational adjustments for businesses reliant on tip pools.
Implication: Hospitality-sector employers, as well as others who manage tips, need to closely track the release of forthcoming regulations that will clarify lawful pooling arrangements and acceptable practices. In the interim, businesses should refrain from establishing or modifying tip pooling systems until the prescribed requirements are officially published to avoid inadvertent non-compliance.
With the enactment of Bill 30, the threshold requiring employers to provide group termination notice has been increased from layoffs involving 10 employees to those affecting 25 employees. This change reduces the frequency with which smaller employers must adhere to stringent group layoff notification procedures, alleviating some administrative and procedural burdens. The adjustment recognizes the distinct impact of larger-scale workforce reductions versus smaller restructurings.
Implication: Employers intending to undertake workforce reductions should re-evaluate their layoff processes under the new rules. It is important for organizations to verify whether their planned actions now fall below the updated threshold, ensuring that their legal obligations under the Saskatchewan Employment Act are consistently met.
Employees who suspect that they have been inappropriately disciplined or wrongfully dismissed now have enhanced options for filing complaints, especially regarding situations where discrimination (such as action taken due to illness or work leave) is suspected. The amendments allow such cases to be referred directly to the Director of Employment Standards, who is empowered to issue decisions and wage assessments, including remedies like reinstatement of employment, wage recovery, and corrections to the employee’s record. This streamlines access to recourse and reflects a commitment to protecting employee rights.
Implication: To limit the risk of disputes or appeals, employers should strengthen their internal documentation processes, ensuring that all disciplinary or termination actions are both legally sound and clearly justified. Having a solid factual record will be essential if called upon to demonstrate that actions taken were not discriminatory.
The amendments introduce important changes to medical leave certification and duration. Employers may no longer require employees to present a medical certificate for short-term absences unless the absence exceeds five consecutive days, or where there is a recurring pattern of frequent short-term medical leaves. Furthermore, the period for which employees can access leave due to serious illness has been extended from 12 weeks to 27 weeks, significantly increasing available support during major health challenges.
Implication: Employers should revise their leave policy documents to reflect the relaxed documentation standards and prepare operationally for potentially longer employee absences. Such adjustments will be critical to comply with the new law and provide appropriate support to affected employees.
Maternity leave entitlements have been broadened to include employees who experience pregnancy loss within 20 weeks of the expected due date. This compassionate adjustment acknowledges the difficult circumstances endured by affected employees and provides a formal mechanism for time away from work to grieve and heal. By explicitly covering situations of pregnancy loss, the legislature has responded to the need for more inclusive and empathetic family-related leave provisions.
Implication: Employers are advised to update their leave policies accordingly, ensuring that affected employees receive the benefits and support to which they are now entitled under the law, and fostering a more compassionate workplace.
Employees experiencing interpersonal violence—including domestic abuse and similar forms of harm—are now entitled to up to 16 weeks of continuous unpaid leave, in addition to the existing 10-day allocation (split between 5 paid and 5 unpaid days). This enhancement ensures that those affected have adequate time to seek safety and support, recognizing the complex and varying recovery needs such situations often entail.
Implication: Employer should be prepared to manage and approve substantially longer leave periods for these situations, while ensuring strict confidentiality and providing access to appropriate workplace support resources. Policy updates and staff training may be needed to comply with this requirement and to create a safe environment for disclosures.
Bill 30 introduces considerable changes to bereavement leave, expanding its scope to address a broader range of circumstances. Coverage now includes pregnancy loss and extends to individuals deemed to be “like family,” emphasizing recognition of diverse family relationships beyond those legally defined. Furthermore, employees may take bereavement leave at any point within six months following a death, allowing for flexible accommodation of personal and cultural differences in grieving processes.
Implication: These expansions require HR departments to both communicate the revised rules to employees and modify any applicable policies or payroll procedures. From the employee perspective, these reforms provide tangible support during periods of grief, addressing the unique emotional impact that pregnancy loss and broad family ties can entail.
Part-time employees will now benefit from more flexible work arrangements similar to those previously afforded to full-time staff, including the ability to establish custom work schedules. Overtime calculations will also be based on the terms outlined in individual employment contracts, instead of an automatic eight-hour-per-day threshold. This development enables a more tailored approach to scheduling, supporting employees who need to balance work with other life commitments.
Implication: For workforce management, these changes necessitate clear articulation of hours and overtime provisions in employment agreements. While there may be increased administrative complexity in tracking customized schedules, the enhanced flexibility can contribute to improved employee morale and retention.
Meal breaks no longer need to follow a strict schedule; instead, the timing and duration may be adjusted as long as both employer and employee agree. This increased flexibility can be particularly beneficial in industries where work demands fluctuate or where traditional break patterns are impractical.
Implication: Employers should obtain clear, preferably written, consent for any deviation from standard break practices, ensuring that all arrangements comply with occupational health requirements. Thoughtful documentation will help prevent misunderstandings and support adherence to regulatory standards.
Bill 30 formalizes and codifies the longstanding standard that retail employees be granted one day off per week. By embedding this requirement in the legislation, the new law provides both employers and employees with clarity about scheduling expectations and enshrines a minimum rest standard, which is integral to workplace health and safety.
Implication: Employer should continue to actively manage staff fatigue by providing adequate days of rest, while also observing all other workplace health and safety obligations. For employees, this legal safeguard is intended to improve well-being, job satisfaction, and durability within the workforce.
The Act has updated its terminology by replacing words such as “miscarriage” and “stillbirth” with the broader phrase “loss of pregnancy.” This linguistic change ensures that legal definitions are more inclusive and sensitive, reflecting a more modern, understanding, and supportive approach to employees affected by pregnancy loss, regardless of the circumstances.
Implication: Employers should proactively update all internal documents, forms, and training materials to mirror this updated language, thereby promoting a compassionate and respectful workplace culture for all staff.
Employers are now explicitly permitted to pay wages by cash, so long as all other wage payment rules under the Act are observed. This change may be particularly useful for businesses operating in sectors or regions with limited banking options, providing operational flexibility while maintaining worker protections.
Implication: Employers choosing to pay in cash should be diligent in keeping comprehensive payment records, transparently documenting all transactions to protect against later disputes, and ensuring full compliance with wage standards.
Wage deductions for specific purposes—such as repayment for employer-provided equipment, uniforms, or other defined items—are now permissible if the employee has signed a written consent. This clarification makes the process transparent for both parties and discourages arbitrary or unfair wage deductions by employers.
Implication: To remain compliant, employers should carefully obtain and securely retain written evidence of employees’ consent for any wage deductions. Establishing clear consent protocols will minimize misunderstandings and guard against the risk of wage disputes or allegations of non-compliance.
When terminating employment and opting to provide pay instead of assigned working notice, employers are no longer required to accrue or pay vacation credits on the pay-in-lieu period. This revision decreases the financial outlay required at the time of termination but does not otherwise alter employees’ eligibility for other statutory entitlements owed at the time of departure.
Implication: Employers should ensure that separation packages are calculated accurately in accordance with this amendment and that all other pre-existing entitlements, such as wages owing or outstanding leave, continue to be properly addressed.
The definition of “employee” within the Act has been broadened to explicitly encompass trainees, employees who are currently on leave, and, in some cases, those who have died while employed. This wider definition ensures that a greater range of individuals are protected by employment standards and obligates employers to recognize a diverse array of employment relationships under the law.
Implication: Employers should review their policies and procedures to ensure full compliance with leave, wage, and other statutory entitlements for all employees covered by this expanded definition. This may involve updating employment records and internal protocols to reflect the broader population now protected.
Under the latest amendments, either party in an appeal under the Saskatchewan Employment Act—employee or employer—has the right to withdraw the appeal at any step throughout the process. This procedural flexibility is intended to facilitate consensual dispute resolution, conserve legal and administrative resources, and support out-of-court settlements.
Implication: In practice, employers are encouraged to maintain detailed records pertaining to the withdrawal of appeals, confirming agreements in writing. Proactive documentation will help protect both employer and employee interests and ensure administrative clarity if future disputes arise.
Previously, The Saskatchewan Employment Act was legally required to undergo review every five years. The newly enacted Bill 30 doubles this review interval to a ten-year cycle, representing a significant reduction in the frequency of comprehensive legislative reassessments.
Implication: Employers now face longer periods between formal legislative changes, increasing the onus on them to remain vigilant about ongoing developments in case law, regulatory guidelines, and compliance best practices. Despite fewer reviews, regular monitoring of relevant legal updates remains critical to sustaining compliance.
The current amendments signal that further regulatory changes may still be introduced, with particular attention anticipated around the definition of gratuities and conditions for tip pooling. Employers should remain attentive for new developments and regulatory releases and be prepared to promptly adjust their business practices as required. In particular, it is advised that tip pooling policies not be established or modified until the final regulations are issued to avoid risks of non-compliance.
To ensure smooth alignment with the new requirements, employers should first review and revise their employment contracts and policy documents. This includes adapting provisions on employee categories, scheduling, leave entitlements, and wage payment in accordance with the expanded legal definitions and rules. Second, HR and management should ensure compliance with all leave-related changes by updating internal protocols and delivering appropriate training on the new standards, so supervisors are prepared to administer the updated provisions correctly. Finally, employers need to actively monitor impending regulatory updates and develop proactive strategies, such as regular legal check-ins, to address legal developments as they arise and maintain best practices in workforce management.
The changes set forth in Bill 30 represent a substantial shift for Saskatchewan employers, introducing both new challenges to address and opportunities to improve employee management practices. Employers should become familiar with these changes and adapt to them accordingly to ensure compliance. In doing so, employers will also ensure a more responsive and supportive workplace.
Disclaimer. The content provided in this blog post is for informational purposes only and does not constitute legal advice. AI was used in the preparation of this article. Readers are advised to consult with a qualified lawyer for advice regarding specific legal issues or concerns. The information herein is not intended to create, and receipt of it does not constitute, a solicitor-client relationship.
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