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 practitioner may be required, following the 2026 update for sick leave restrictions.
- 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:
- Non-serious illness or injury: Employees can take up to 12 days per calendar year.
- Serious illness or injury: Employees can take up to 27 weeks within a 52-week period.
- Workers’ compensation claim: Employees who are receiving workers’ compensation for a workplace injury are also eligible for job-protected leave, up to 26 weeks.
Beginning January 1, 2026, sick leave entitlements will 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. This leave is unpaid and job-protected, providing time for recovery and care after childbirth. Employees must have worked for the same employer for at least 13 consecutive weeks to qualify.
- Standard maternity leave: up to 19 weeks of unpaid leave.
- Medical extension: can be extended by 6 additional weeks for medical reasons with a medical certificate.
- Start of leave: may begin up to 13 weeks before the estimated due date, but no later than the date of birth.
- Post-birth leave: employees are entitled to at least 6 weeks of leave after childbirth, regardless of the start date.
- Notice requirement: employees must provide at least 4 weeks’ written notice before the leave starts. If less notice is given, the total leave may be adjusted.
Employees who experience a miscarriage or stillbirth are also eligible for maternity leave.
- Duration: up to 19 weeks of unpaid, job-protected leave.
- Eligibility: applies if the pregnancy loss occurs within 20 weeks before the estimated due date, in accordance with the updated 2026 rules.
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
Bereavement leave allows employees to grieve and manage affairs following the death of a family member. This leave is unpaid and job-protected, and employees must have worked for the same employer for at least 13 consecutive weeks to qualify.
- Employees are entitled to up to 5 days of unpaid leave.
- Use period: The leave can be taken within six months of the death or pregnancy loss, according to the updated rules effective January 1, 2026.
- Notice requirement: Employees should provide reasonable notice to their employer when possible.
Bereavement leave applies to the death of:
- Members of the employee’s immediate family, including spouse, children, parents, siblings, and grandparents.
- Individuals that the employee considers to be like family (“chosen family”), including a person permanently residing in the employee’s household or someone the employee has a close, familial-like relationship with.
- Pregnancy loss is also covered under this leave.
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.
- Employees are entitled to up to 10 days of leave per year: the first 5 days are paid by the employer, and the remaining 5 days are unpaid.
- Starting January 1, 2026, employees can take up to 16 weeks of unpaid leave in a single continuous period.
Leave can be used to seek medical attention, obtain professional services, relocate for safety, or access legal or law enforcement assistance. Employees should provide reasonable notice to their employer whenever possible.
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 with 13 or more weeks of employment are entitled to:
- Up to 104 weeks of unpaid leave if their child has died as a result of a crime.
- Up to 52 weeks of unpaid leave if their child has disappeared due to a crime.
The leave allows employees to manage legal matters, care for other family members, and address personal needs following such incidents.
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
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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.
