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.
Recent amendments to the Saskatchewan Employment Act, taking effect in early 2026, will bring significant changes to several key leaves. 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 leave to address family responsibilities, medical needs, service obligations, and emergency situations.
Job-protected leaves in Saskatchewan 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
Providing proper notice is a key responsibility for employees when planning to take a leave of absence. The amount of notice required depends on the nature of the leave:
- Four weeks’ written notice is generally required for foreseeable leaves such as Maternity, Adoption, Parental, Organ Donation, Reserve Force Service (for regular deployment), and Nomination/Election Leave.
- Notice as soon as possible is acceptable for unpredictable leaves, including Bereavement Leave, Compassionate Care Leave, Critically Ill Child or Adult Care Leave, Interpersonal Violence Leave, and Citizenship Ceremony Leave.
If an employee returns from a leave that was longer than 60 days, they must provide at least four weeks’ written notice before their return date.
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
Employers may have the right to request reasonable documentation to verify the need for leave:
- Medical-Related Leaves: A certificate from a qualified medical practitioner may be required. For sick leave, new restrictions on when a sick note can be requested will apply starting in 2026.
- Maternity Leave: A medical certificate confirming pregnancy and the estimated due date is often requested.
- Interpersonal Violence Leave: An employee may need to provide evidence that they are accessing relevant services, though employers must maintain strict confidentiality.
Source: Requirements for All Leaves, Government of Saskatchewan
What Types of Medical Leave Are Available in Saskatchewan?
Saskatchewan provides four 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. 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
Upcoming Change (January 1, 2026): This leave will be extended to 27 weeks to align with federal EI sickness benefits.
Critically Ill Child Care Leave in Saskatchewan
This leave allows an employee to care for a critically ill or injured child under 18.
- Duration: Up to 37 weeks of unpaid, job-protected leave within a 52-week period.
- Eligibility: Must have worked for the employer for at least 13 consecutive weeks.
The leave can be taken consecutively or in multiple periods, with no block shorter than one week.
Critically Ill Adult Care Leave in Saskatchewan
This leave is for employees caring for a critically ill or injured adult family member.
- Duration: Up to 17 weeks of unpaid, job-protected leave.
- Eligibility: Requires 13 consecutive weeks of employment.
Organ Donation Leave in Saskatchewan
This leave protects employees who are donating an organ.
- Duration: Up to 26 weeks of unpaid, job-protected leave.
- Eligibility: Requires 13 consecutive weeks of employment.
Source: Medical Leaves, Government of Saskatchewan
What Types of Family-Related Leave Are Available 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 is available for pregnant employees and those who have recently given birth.
- Duration: Up to 19 weeks of unpaid leave. This can be extended by 6 weeks for medical reasons.
- Eligibility: Requires 13 consecutive weeks of employment. The leave can start up to 13 weeks before the estimated due date, but no later than the date of birth.
- Pregnancy Loss: Employees whose pregnancy terminates due to miscarriage or stillbirth are also eligible for 19 weeks of leave. Currently, this applies to a loss within 13 weeks of the due date.
Upcoming Change (January 1, 2026): Eligibility will be extended to employees who experience a pregnancy loss up to 20 weeks before the estimated due date.
Adoption Leave in Saskatchewan
Adoption leave begins on the day the child becomes available for adoption or comes into the employee’s care.
- Duration: Up to 19 weeks of unpaid leave.
- Eligibility: Requires 13 consecutive weeks of employment.
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 any information available from Social Services, the adoption agency, or the birth parent.
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:
- 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.
- 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
This leave allows employees to grieve and manage affairs after the death of a family member.
- Duration: Up to 5 days of unpaid leave.
- Eligibility: Requires 13 consecutive weeks of employment.
- Current Rule: The leave must be taken within the period of one week before or one week after the funeral.
Upcoming Change (January 1, 2026): The window for taking this leave will be expanded to within six months of the death. The entitlement will also be extended to include the loss of a pregnancy and the death of a person the employee considers to be family (“chosen family”).
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
This leave is intended for employees who are caring for a family member facing a life-threatening illness with a high risk of death within 26 weeks.
- Duration: Up to 28 weeks of unpaid leave within 52 weeks.
- Eligibility: Requires 13 consecutive weeks of employment.
The leave can be taken consecutively or in multiple periods, with no block shorter than one week.
Source: Family Leaves, Government of Saskatchewan
What Types of Violence Leave Can Employees Take in Saskatchewan?
Saskatchewan provides specific leaves for employees affected by violence or crime. These leaves help provide time and support during difficult personal situations.
Interpersonal Violence Leave in Saskatchewan
This leave provides critical support for employees who are victims of interpersonal or sexual violence, or whose children are victims.
- Duration: Up to 10 days of job-protected leave per year. The employer pays the first 5 days, and the remaining five are unpaid.
- Eligibility: Requires 13 consecutive weeks of employment.
Upcoming Change (January 1, 2026): An additional 16-week unpaid leave will be available, which can be taken in one continuous period.
The leave can be used to seek medical attention, obtain professional services, relocate, or get legal or law enforcement assistance.
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
What Types of Service Leave in Saskatchewan?
Saskatchewan provides several leaves related to civic and military service. The main ones include:
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 the leave will start and when the employee expects to return to work.
For emergency deployment, employees must give notice as soon as possible and notify their employer of their anticipated service period.
Jury Duty Leave in Saskatchewan
All employers must grant unpaid leave to employees summoned for jury duty. While the leave is unpaid by the employer, the Government of Saskatchewan compensates jurors $110 per day they are present, unless their employer is still paying them. Reimbursement for expenses like mileage and dependent care may also be available.
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
This special leave is only available when the Chief Medical Health Officer issues a public health emergency order. No minimum employment period is required.
It applies when an employee is directed to isolate by a competent authority or must care for a family member affected by a public health order. The leave is unpaid unless the employee can work from home.
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 40 weeks) or Extended Parental Benefits (up to 69 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) |
Employers who provide benefit plans (e.g., medical, dental, pension) must offer to continue them for an employee on leave, though the employee may be required to cover the premium costs.
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
Can I work part-time while on parental leave in Saskatchewan?
Yes, you can work part-time while receiving EI parental benefits through the Working While on Claim program. You'll keep 50 cents of your EI benefits for every dollar you earn, up to 90% of your previous weekly earnings. This arrangement must be agreed upon with your employer and won't extend your leave entitlement.
Is public health emergency leave still available in Saskatchewan?
Public health emergency leave is only available when the chief medical health officer has issued an emergency order. It's not continuously available but activates specifically during declared public health emergencies when authorities direct individuals to isolation.
How soon after starting a job can I take maternity leave in Saskatchewan?
You must work for your employer for at least 13 consecutive weeks before being eligible for maternity leave in Saskatchewan. After meeting this requirement, you can start your 19 weeks of maternity leave any time during the 13 weeks before your estimated date of birth.
Can my employer fire me for taking a leave?
No. The Saskatchewan Employment Act prohibits employers from discriminating against employees for taking job-protected leave. Employers who terminate an employee on leave must prove that the termination was not related to the leave.
How much notice do you need to give for leave of absence in Saskatchewan?
Generally, you must provide at least 4 weeks' written notice before starting leave. For medical emergencies or unforeseeable circumstances, you should give notice as soon as reasonably possible.
What types of leave are available in Saskatchewan?
Saskatchewan provides maternity leave, parental leave, adoption leave, medical leave, bereavement leave, critical illness leave, and leave for victims of interpersonal violence. Additional leaves may be available through collective agreements.
Can your employer deny a leave of absence request in Saskatchewan?
Employers cannot deny statutory leaves (like maternity, parental, or medical leave) if you meet the eligibility requirements. However, they can deny discretionary leaves that aren't protected by law.
Can you work for another employer while on leave in Saskatchewan?
This depends on the type of leave and your employment contract. Generally, you cannot work for a competitor or in a role that conflicts with your leave purpose, but some part-time work may be permitted.
How does leave of absence affect your seniority in Saskatchewan?
Your seniority continues to accumulate during statutory leaves as if you were actively working. This means your length of service, vacation entitlements, and other seniority-based benefits are protected.
What happens to your benefits during leave of absence in Saskatchewan?
Your employer must continue benefit plan contributions during statutory leaves as if you were working. You're responsible for continuing your portion of premium payments to maintain coverage.
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.
