Leave of Absence in Saskatchewan

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Leave of Absence in Saskatchewan

Saskatchewan’s employment laws protect workers by providing various job-protected leaves of absence. Understanding your entitlements as an employee or your obligations as an employer is crucial for maintaining compliance with provincial regulations. This guide covers all types of leave of absence in Saskatchewan, their eligibility requirements, and critical information you need to know about each.

What are Employment Leaves in Saskatchewan?

Employment leaves in Saskatchewan are legally protected periods during which employees can be absent from work for specific reasons without fear of losing their jobs. The Saskatchewan Employment Act establishes various categories of leaves to address family responsibilities, medical needs, service obligations, and emergency situations.

• Medical-Related Leaves: Sick Leave, Critically Ill Child Care Leave, Critically Ill Adult Care Leave, Organ Donation Leave
• Family-related Leaves: Maternity Leave, Adoption Leave, Parental Leave, Bereavement Leave, Compassionate Care Leave
• Violence-Related Leaves: Interpersonal Violence Leave, Crime-Related Child Death or Disappearance Leave
• Service Leaves: Reserve Force Leave, Jury Duty Leave, Citizenship Ceremony Leave, Nomination/Election and Candidate/Public Office Leave
• Public Health Emergency Leaves

Job-protected leaves in SK ensure employees can attend important life events without jeopardizing their employment status. While most leaves are unpaid under provincial legislation, certain collective agreements may provide paid leave provisions, and some leaves may qualify for Employment Insurance benefits.

What Basic Requirements Apply to All Employment Leaves in SK?

Understanding the fundamental requirements for all employment leaves in Saskatchewan helps employers and employees navigate these situations effectively.

Eligibility Requirements

For most employment leaves in Saskatchewan, employees must have worked for their current employer for at least 13 consecutive weeks to qualify. This requirement applies to family leaves, medical leaves, service leaves, and interpersonal violence leave. The notable exception is public health emergency leave, which requires no minimum employment period.

Notice Requirements

Different leaves have varying notice requirements:

• Four weeks’ written notice is required for:
  • Maternity, adoption, or parental leave
  • Organ donation leave
  • Reserve force service leave (for regular deployment)
  • Nomination/election and candidate/public office leave

• Exemptions from the four-week notice 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
  • Citizenship ceremony leave
  • Emergency situations where exact dates cannot be determined

For leaves longer than 60 days, employees must provide at least four weeks written notice before returning to work, and this notice must be given before the leave expires. The employer is not required to reinstate the employee until this notice is received.

Medical Certificate Requirements

For medical leaves, employers have the right to request a medical certificate from a qualified practitioner explaining the reason for the leave or any extension. Employees taking public health emergency leave are exempt from providing medical certificates.

Documentation requirements vary by leave type

• Medical-related leaves: A medical certificate may be required
• Maternity leave: A medical certificate confirming pregnancy and the estimated date of birth
• Adoption leave: Official confirmation of custody
• Interpersonal violence leave: Written confirmation from a qualified professional
• Reserve force leave: Confirmation of reserve force status

Source: Requirements for All Leaves, Government of Saskatchewan

Medical-Related Leaves in Saskatchewan

Saskatchewan provides several types of medical leave to support employees who are dealing with personal illness or caring for ill family members.

Sick Leave in Saskatchewan

Sick leave protects employees who need time off work due to illness or injury. In Saskatchewan, eligible employees who have worked for the same employer for at least 13 consecutive weeks can take:

• Up to 12 days of unpaid leave each calendar year for non-serious personal illness or injury, or to care for a dependent family member with non-serious illness or injury
• Up to 12 weeks of unpaid leave for serious illness or injury
• Up to 26 weeks of unpaid leave if receiving workers’ compensation for an injury

While provincial legislation provides for unpaid sick leave, some employers choose to provide paid sick days. Collective agreements may also include provisions for paid sick leave or supplemental benefits.

Critically Ill Child Care Leave in Saskatchewan

Critically ill child care leave allows employees to care for a critically ill or injured child under 18.

Eligible employees who have worked for their employer for at least 13 consecutive weeks are entitled to up to 37 weeks of unpaid job-protected leave within a 52-week period to provide care and support to a critically ill or injured child under 18 years of age.

The leave can be taken consecutively or in multiple periods, with no block shorter than one week.

Critically Ill Adult Care Leave in Saskatchewan

Critically ill adult care leave allows employees to care for a critically ill or injured adult family member.

Employees who have worked for their employer for at least 13 consecutive weeks are entitled to up to 17 weeks of unpaid job-protected leave to care for an adult family member who is critically ill or injured.

Organ Donation Leave in Saskatchewan

Organ donation leave provides job protection for employees undergoing surgery who want to donate an organ. Eligible employees who have worked for their employer for more than 13 weeks are entitled to up to 26 weeks of unpaid job-protected leave to undergo surgery to donate all or part of an organ.

Source: Medical Leaves, Government of Saskatchewan

Family-related Leaves in Saskatchewan

Saskatchewan provides family-related leaves to help employees balance work responsibilities with family needs during significant life events.

Maternity Leave in Saskatchewan

Maternity leave in Saskatchewan provides job protection for pregnant employees or those who have recently given birth.

Pregnant employees in Saskatchewan are entitled to 19 weeks of unpaid maternity leave after working for their employer for at least 13 consecutive weeks. This protection also extends to employees whose pregnancy terminates up to 13 weeks before the estimated date of birth due to miscarriage or stillbirth.

Employers may request a medical certificate confirming the pregnancy and estimated date of birth. Without proper notice, maternity leave is reduced to 15 weeks.

Maternity leave can begin any time during the 13 weeks before the estimated date of birth and no later than the actual birth date. Employees are entitled to at least 6 weeks of leave after the birth date if the birth occurs later than expected. For medical reasons, maternity leave can be extended by 6 weeks (for 25 weeks) with appropriate medical documentation.

Adoption Leave in Saskatchewan

Adoption leave provides job protection for the primary caregiver of an adopted child.

The primary caregiver of an adopted child can take 19 weeks of unpaid adoption leave after working for their employer for at least 13 consecutive weeks. The adopting family decides who will be designated as the primary caregiver.

Four weeks’ written notice is required, stating when the child is expected to come into the employee’s care. If this date is unknown, the notice should include whatever information has been provided by Social Services, the adoption agency, or the birth parent.

Adoption leave begins on the day the child becomes available for adoption or comes into the employee’s care.

Parental Leave in Saskatchewan

Parental leave provides additional time for parents to bond with and care for their newborn or newly adopted children.

Saskatchewan offers two different parental leave entitlements:

1. Parental leave following maternity or adoption leave: Parents who took maternity or adoption leave are eligible for up to 59 weeks of unpaid parental leave. This leave must be taken consecutively with maternity or adoption leave within the period between 13 weeks before the estimated date of birth and 78 weeks after the actual birth date or the date the child comes into the employee’s care.
2. Parental leave for other parents: Parents who did not take maternity or adoption leave are eligible for up to 71 weeks of unpaid parental leave. This leave must be taken within the period between 13 weeks before the estimated date of birth and 86 weeks after the actual birth date or the date the child comes into the employee’s care.

Four weeks’ written notice is required. If the employee is already on maternity or adoption leave, they must provide notice at least four weeks before they are scheduled to return to work.

Bereavement Leave in Saskatchewan

Bereavement leave allows employees time to grieve and attend to arrangements following the death of a family member.

Employees who have worked for their employer for at least 13 consecutive weeks are entitled to up to 5 days of unpaid bereavement leave when an immediate family member dies. This leave must be taken within the period beginning one week before and ending one week after the funeral.

While provincial legislation provides unpaid bereavement leave, some collective agreements may offer paid bereavement leave. For example, the Public Service Alliance of Canada’s agreement with the University of Saskatchewan provides 5 working days of bereavement leave with pay.

The definition of “family member” for bereavement leave purposes is typically broad, including:

• Parents, stepparents, or foster parents
• Siblings, including stepsiblings
• Spouse or common-law partner
• Children, including children of a common-law partner, stepchildren, or wards
• Grandchildren
• Parents or siblings of the employee’s spouse or common-law partner
• Sons-in-law and daughters-in-law
• Aunts, uncles, nieces, nephews
• Grandparents
• Cousins
• Any person over whom the employee has legal responsibility
• Any other person who would ordinarily be considered a member of the immediate family
• A person permanently residing in the employee’s household or with whom the employee permanently resides

Compassionate Care Leave in Saskatchewan

Compassionate care leave in Saskatchewan allows employees to provide care and support to a gravely ill family member.

Eligible employees are entitled to up to 28 weeks of unpaid job-protected leave within a 52-week period to care for a family member who is gravely ill and has a significant risk of death within 26 weeks.

To qualify, employees must have worked for their employer for at least 13 consecutive weeks. The leave can be taken consecutively or in multiple periods, with no block shorter than one week.

Source: Family Leaves, Government of Saskatchewan

Violence-Related Leaves in Saskatchewan

Saskatchewan’s employment legislation includes provisions for leaves related to interpersonal violence and crime-related incidents affecting children.

Interpersonal Violence Leave in Saskatchewan

Interpersonal violence leave provides support for employees affected by violence.

Eligible employees who have worked for their employer for at least 13 consecutive weeks are entitled to up to 10 days of job-protected leave due to interpersonal violence or sexual violence. The first 5 days are paid, and the remaining 5 days are unpaid.

This leave applies to employees who are victims of violence or whose children are victims. Valid reasons for taking this leave include:

• Seeking medical attention
• Obtaining services from a victim services organization
• Obtaining psychological or other professional services
• Relocating temporarily or permanently
• Seeking legal or law enforcement assistance and attending court appearances

Employers may request written evidence of the need for leave, but must keep all personal information confidential.

Some collective agreements may provide additional protections. For example, the PSAC agreement with the University of Saskatchewan provides for interpersonal violence leave with job protection.

Crime-Related Child Death or Disappearance Leave in Saskatchewan

This leave provides support for employees whose children have died or disappeared due to a crime.

Employees who have worked for their employer for more than 13 weeks are entitled to up to 104 weeks of unpaid leave if their child has disappeared or died due to a crime-related incident.

Source: Interpersonal Violence Leave, Government of Saskatchewan

Service Leaves in Saskatchewan

Saskatchewan provides several leaves related to civic and military service.

Reserve Force Leave in Saskatchewan

Reserve force leave provides job protection for military reservists.

Employees who have worked for their employer for more than 13 consecutive weeks and are military reservists are entitled to unpaid job-protected leave for the required period of service when deployed to:

• International operations
• Operations within Canada that provide assistance in dealing with an emergency or its aftermath
• Training
• Regular deployment

For regular deployment, four weeks’ written notice is required before the leave begins, stating when leave will start and when the employee expects to return to work. Employers may request confirmation of reserve force status and the anticipated service period.

For emergency deployment where four weeks’ notice is not possible, employees must give notice as soon as possible and notify their employer of their anticipated service period.

Jury Duty Leave in Saskatchewan

Jury duty leave in Saskatchewan ensures employees can fulfill their civic duty to serve on juries.

All employers must allow employees to take unpaid leave to attend court as jurors. While provincial legislation provides for unpaid jury duty leave, the government compensates jurors at a rate of $110 per day or portion of a day they are present unless they are still earning money from their employer while serving.

Additional expenses such as meals, parking, mileage, and dependent care may also be reimbursed if required.

Some collective agreements provide more favourable terms. For example, the PSAC agreement with the University of Saskatchewan offers jury leave without loss of pay or benefits.

Citizenship Ceremony Leave in Saskatchewan

Citizenship ceremony leave allows employees to attend their Canadian citizenship ceremony.

Employees who have worked for their employer for more than 13 consecutive weeks and are becoming new Canadian citizens are eligible for one day of unpaid citizenship ceremony leave. Notice must be provided as soon as possible before the leave.

Nomination/Election and Candidate/Public Office Leave in Saskatchewan

This leave allows employees to participate in the democratic process.

Eligible employees who have worked for their employer for more than 13 consecutive weeks are entitled to unpaid leave for a reasonable period for nomination or, if elected, the length of the term of office.

This leave applies to municipal, provincial, federal, school board, and band council nominations, elections, and offices. Four weeks’ written notice is required before the leave begins, and employees must provide four weeks’ notice before their return date.

Source: Service Leave, Government of Saskatchewan

Public Health Emergency Leave in Saskatchewan

Public health emergency leave protects employees during declared public health emergencies.

This leave is only available when the chief medical health officer has issued a public health emergency order. No minimum employment period is required to access this leave.

Employees are entitled to unpaid public health emergency leave when directed to isolate by:

• Their employer
• The government
• Their doctor
• The chief medical officer

The leave also applies when employees must care for children or adult family members affected by public health orders.

The length of the leave depends on the duration of the isolation order. If authorized to work from home during this period, employees are entitled to their regular wages and benefits.

Employees providing critical public health and safety services may not be eligible unless directed to isolate by a doctor, the government, or the chief medical officer.

Source: Public Health Emergency Leave, Government of Saskatchewan

What Additional Leave Provisions Exist in Collective Agreements?

Collective agreements often provide more generous leave provisions than the minimum requirements under provincial legislation. The PSAC agreement with the University of Saskatchewan offers several enhanced leave provisions:

Supplemental Benefits Plan

After 12 months of continuous service, employees on maternity, adoption, or parental leave who are receiving EI benefits are eligible for supplemental benefits of 95% of weekly earnings for up to 15 weeks for Postdoctoral Fellows and up to 21 weeks for Research Associates.

Breastfeeding Accommodations

Employees wishing to breastfeed their infants at work may be allowed time off with pay for up to 1 hour per day for this purpose, provided the work site is in an appropriate location and the employee has received approval from the appropriate manager. This arrangement can be provided for a maximum of 6 months.

Maternity-Related Reassignments

The employer must modify job functions for pregnant or nursing employees if any current functions may pose a risk to the employee’s health or the health of the fetus or child. This protection extends from the beginning of pregnancy to the end of the 52nd week following birth.

Education Leave

Research Associates may be eligible for unpaid education leave for up to 1 year, subject to supervisor approval and operational requirements.

How Do Employment Insurance Benefits Work with Leaves in Saskatchewan?

Many unpaid leaves in Saskatchewan may qualify for Employment Insurance (EI) benefits to provide income during the leave period.

Leave Type	Potential EI Benefits
Maternity Leave	Maternity Benefits (up to 15 weeks)
Parental Leave	Standard Parental Benefits (up to 52 weeks) or Extended Parental Benefits (up to 78 weeks)
Compassionate Care Leave	Compassionate Care Benefits (up to 26 weeks)
Critically Ill Child Care Leave	Parents of Critically Ill Children Benefits (up to 35 weeks)
Critically Ill Adult Care Leave	Family Caregiver Benefit for Adults (up to 15 weeks)

Some employers offer supplemental benefits plans (top-up benefits) to bring EI benefits closer to an employee’s regular earnings. For example, the PSAC agreement with the University of Saskatchewan provides supplemental benefits of 95% of weekly earnings (inclusive of EI) for up to 15 weeks for Postdoctoral Fellows and up to 21 weeks for Research Associates after 12 months of continuous service.

Source: Employment Insurance benefits, Government of Canada

Benefit Continuation

Employers who provide benefit plans must offer to continue these benefits for employees on leave. Employees may be required to pay premiums to maintain coverage. Benefit plans can include medical, dental, disability, life insurance, accidental death or dismemberment, registered retirement savings plans, and pension plans.

Protection from Discriminatory Action

Section 2-8 of The Saskatchewan Employment Act prohibits employers from taking discriminatory action against employees for:

• Being pregnant or temporarily disabled due to pregnancy
• Applying for or taking an employment leave
• Being absent from the workplace as permitted by legislation
• Requesting modification of duties or reassignment due to disability, including temporary disability from pregnancy

Explore our series on key leaves, rights and obligations in other provinces, including:

• Leave of Absence in Alberta
• Leave of Absence in Ontario
• Leave of Absence in New Brunswick
• Leave of Absence in British Columbia
• Leave of Absence in Quebec

FAQs about Leave of Absence in Saskatchewan

The Bottom Line

Understanding your rights and responsibilities regarding employment leaves is essential for both employees and employers. By familiarizing yourself with these provisions, you can better navigate life events that require time away from work while protecting your employment status and benefits.

Leave of Absence in Saskatchewan
Ben Nguyen