SARC’s Human Resources and Labour Relations Newsletter
In this issue, consultants from SARC and MLT Aikins discuss topics of legislation amendments and language and inclusivity in the workplace.
New Amendments to The Saskatchewan Employment Act come into force on January 1, 2026
Amy Gibson
Language and Inclusivity in the Workplace
Bobbi Janzen
Understanding the Relationship Between Legislation and Your CBA
Scott Mostoway
Bobbi identifies and fosters strategic partnerships with education, labour, other workforce organizations, and community partners to address Disability Service sector workforce needs and assists with talent supply and demand. She also leads workforce promotion strategies to connect job seekers to the Disability Service sector. Bobbi applies her background in talent acquisition, recruiting, and disability sector advocacy to this role and connects with our Members to learn more about the sector’s workforce needs. Bobbi is available to consult with SARC’s Regular and Associate Members on their workforce development inquiries, including recruitment and retention strategies, job descriptions, HR policies and procedures, compensation/total rewards, and succession planning.
Scott can assist SARC’s Regular and Associate Members with a variety of LR/HR issues, including progressive discipline, performance management, and duty to accommodate for unionized and non-unionized organizations. He can also provide specific support in collective bargaining for unionized organizations. Accessing this service is free of charge and can minimize organizational risk. Having a quick check-in or a review done before decisions are made can save you time and money in the end.
Amy Gibson carries on a general labour and employment law practice. She advises employers on a variety of labour issues, including union certification drives, collective agreement interpretation, labour disputes, workplace policies, discipline and discharge, employment contracts, OH&S, workers’ compensation, labour standards and human rights. She has experience with a variety of court and administrative proceedings as well as representing clients before the Saskatchewan Labour Relations Board and in Canada Labour Code unjust dismissal adjudications.
Amy Gibson Lawyer, MLT Aikins LLP
On January 1, 2026, new amendments to The Saskatchewan Employment Act (the “Act”) will come into force that impact employer obligations and employee rights. This article focuses on two significant changes the amendments will implement, which are provisions impacting employee absences for illness or injury and options for employers on how to define a day for shift scheduling purposes. This article will conclude by providing a high-level summary of other notable amendments.
The Act currently prevents an employer from taking discriminatory action against an employee because of an employee’s absence due to their own illness or injury or because of an illness or injury or injury of a member of the employee’s immediate family who is a dependent.
Section 2-40(1) restricts an employer, except in circumstances of just cause unrelated to the illness or injury, from taking adverse actions towards the employee because of their absence. This restriction only applies if an employee’s absence does not exceed 12 days in a calendar year (where the illness or injury is not serious) or 12 weeks in a 52-week period in the case of a serious illness or injury. An employee must have been employed for at least 13 weeks to receive this protection under the Act.
The amendments to the Act will increase the 12week period to 27 weeks, in a 52-week period for serious illness or injury.1 The increase to 27 weeks
will effectively become the new floor for any attendance management programs for managing employee absenteeism due to illness or injury. It will become more difficult for employers to establish undue hardship to support termination for innocent absenteeism earlier than after the 27-week period has passed. Protections still exist under human rights legislation which limit an employer’s ability to terminate an employee who is away from the workplace due to an illness or injury even beyond the 27-week period. There are significant remedies that are available to employees who have a successful human rights complaint. It is recommended that employers receive legal advice in all circumstances where termination of employment is being considered for an employee who has been absent due to illness or injury.
Restrictions on when Medical Notes can be Requested
The amendments now also put restrictions upon when an employer is permitted to request that an employee provide them with a certificate of a duly qualified medical practitioner to confirm that the employee is incapable of working due to either their illness or injury or to certify the injury or illness of the member of the employee’s immediate family. 2 An employer can only request this certificate if the employee’s absence is for more than five consecutive working days or the employee’s absences were non-consecutive absences of two or more working days due to sickness or injury in the preceding 12 months. 3
1 5, An Act to amend The Saskatchewan Employment Act, 2024, 30th Legislature, 1st Sess, Saskatchewan (assented to 13 May 2025) at s. 12.
2 Supra note 1 at s. 12.
3 Ibid.
This will create challenges for employers in managing employee sick leave abuse in circumstances where an employee’s absenteeism does not meet the requirements of being able to request a medical certificate. Employers should review their sick leave policies and collective bargaining agreement provisions to determine whether they are in compliance with the new restrictions on medical certificates. In circumstances where an employer provides paid sick leave to employees, employers are encouraged to review their policies and practices with their legal counsel to determine whether a medical certificate can still be requested in those circumstances.
The amendments are also impacting other types of employee leaves. Maternity leave will be expanded to include employees who experience a loss of a pregnancy on a date not more than twenty weeks before the estimated date of birth. 4 Additionally, employees are entitled to bereavement leave of five days for the death of someone in the employee’s immediate family or in cases of the loss of a pregnancy by the employee, an employee’s immediate family member, or any other person if the employee would have been the parent to the child born as a result of the pregnancy. 5 The time period for when bereavement leave can be taken has been increased to be within six months of the death or loss of pregnancy.6
Lastly, a new subsection is added to allow for long-term interpersonal violence and sexual violence leave in addition to the short-term leave that currently exists, which allows for 10 days in a period of 52 weeks, in which five of these days are paid.7 Employees can now access up to 16 weeks that can be taken continuously. 8 This additional leave is unpaid.
Under the amendments, the employer is given the option to define a “day” in their workplace as either a calendar day or any other period of 24 consecutive hours that begins when an employee is scheduled to start work.9 This new clause will allow an employer to determine what constitutes a day pursuant to overtime requirements. The ability to define a day as any 24-hour period will assist in differing shift schedules between calendar days without triggering overtime obligations.
Employers are required to give employees notice of a work schedule that contains the time work begins and ends, if work is done in shifts then the time each shift begins and ends, the time meal breaks begin and end, and what constitutes a day under the new amendments.10 Employers with non-unionized employees can apply to the Director of Employment Standards to vary the above requirements if they have written employee consent.11 In cases where a workplace is unionized, the union can negotiate these variances with employers instead and as a result can be exempted from these requirements.12 This allows for more tailored agreements that better suit the needs of each workplace.
Below is a non-exhaustive list of other notable changes that may be of importance to your organization. Amendments coming into force include:
• the removal of the provision restricting parttime workers from participating in a modified work arrangement;13
• deeming cash as an acceptable method for the payment of wages;14
• clarifying that employers do not need to give vacation pay for a notice period when granting pay-in-lieu of notice;15
4Ibid at s. 15.
5Ibid.
6Ibid.
7Ibid at s.17(2).
8Ibid.
9Ibid at s. 3(a).
10Ibid at s. 5(1).
11Ibid at s. 5(2).
12Ibid.
13Ibid at s. 8.
14Ibid at s. 9.
15Ibid at s. 19.
• the notice requirements for group termination changing from applying to 10 employees to 25 or more employees terminated within a four week period;16
• new categories of permissible deductions of wages;17
• a new section allowing the Director of Employment Standards to order employers to cease discriminatory action, reinstate employees, pay lost wages, and remove reprimands from employee records;18
• allowance for a person impacted by a decision made by the Director of Employment Standards to appeal the decision;19 and
• the determination that it is an offence under The Saskatchewan Employment Act to not comply with a decision made by the Director of Employment Standards. 20
It is recommended that employers review their current policies and practices in advance of the new amendment coming into force to ensure compliance by January 1, 2026.
SARC Members can receive free access to the upcoming New Year, New Rules webinar on December 15, 2025 where these amendments will be discussed further.
Register now using the discount coupon NYNRSARC to receive your free registration.
16Ibid at s. 20.
17Ibid at s. 10.
18Ibid at s. 22.
19Ibid.
20Ibid at s. 26.
Bobbi Janzen SARC Workforce Development Coordinator
Creating an inclusive workplace is more than just following guidelines; it’s about making sure everyone feels safe, respected, and valued. In the Disability Service sector, clear and respectful communication is key to providing personcentred support and working well as a team. As our communities become more diverse, understanding how language and culture impact our interactions is important.
Canada has two official languages: English and French. In Saskatchewan, English is the most commonly spoken language, but French is still an important part of our national identity and spoken in many communities. Using English (or French) during work hours helps ensure that everyone, both staff and those we support, can understand each other, stay informed, and work together effectively.
How we communicate affects people’s sense of inclusion. If staff use a language that others don’t understand, it can cause confusion, mistakes, and feelings of exclusion. To promote clear communication, English (or French) should be used for all work-related activities, like meetings, documentation, and interactions.
That said, having multilingual staff is a valuable asset. If someone we support speaks a language other than English or French, being able to communicate in their preferred language helps build trust, dignity, and improve the quality of support. It also allows for cultural exchange and learning.
Although work-related communication should be in English (or French) , it’s important to respect
and celebrate other languages during informal times, like breaks or cultural sharing. Sharing words, stories, and traditions helps staff learn from each other, strengthens relationships, and shows that all backgrounds are welcomed.
Supervisors and managers play a key role in helping staff understand the importance of using official languages at work. They can explain how using English (or French) supports safety, clarity, and inclusion.
If a conversation shifts to a language not understood by others, managers can gently guide the conversation back to English (or French) while still respecting the cultural expression of staff. Ongoing coaching on expectations, linked to inclusivity, may also be needed. Creating a space where staff feel comfortable asking questions, sharing experiences, and learning from each other helps reinforce clear, inclusive communication. Celebrating language diversity through team events or informal sharing shows that all languages are valued, even though English (or French) is expected for work-related tasks.
Coaching conversations are a helpful way for leaders to support staff in understanding language expectations. These conversations should:
• Address concerns early and communicate workplace expectations.
• Show how using English (or French) helps ensure safety, inclusion, and consistency.
• Invite staff to share their thoughts and work together on practical solutions.
Additional considerations:
• Consider a memo of expectations.
• Explore options like translation tools if language is a barrier for staff.
Taking this approach builds trust, promotes clarity, and encourages teamwork in delivering highquality, inclusive support.
Saskatchewan’s cultural diversity is a strength. When staff and those they support share food, stories, or cultural celebrations, it deepens understanding and creates a sense of belonging. Offering optional language lessons or languagelearning tools can help staff connect with people who speak different languages.
When people feel safe sharing their cultural identities, it builds trust, strengthens teamwork, and supports person-centred care.
Organizations should have clear expectations about language use in the workplace, tied to values like inclusiveness. These guidelines should state that English (or French) must be used for all workrelated communication, while other languages can be used during breaks or in private conversations as long as no one feels excluded. Practices should also encourage cultural learning, respect, and curiosity in all staff interactions and with the people supported.
In Saskatchewan, most people speak English, but Canada recognizes both English and French as official languages. Using these languages at work helps everyone understand each other and feel included. Of course, there is the exception of when someone we support’s preferred language is not English (or French) and staff are able to communicate in that preferred language.
Celebrating other languages and cultures within our teams during casual moments adds depth and diversity to the workplace. When we communicate openly and set clear expectations, we can better share our cultures and offer support that’s more personal and respectful.
Language plays a big role in how teams connect, share ideas, and interact with the people they support. Having official languages in the workplace is important, but so too is respecting each person’s preferred language and valuing all forms of communication. With mutual respect, language differences can become a powerful way to bring people together.
Scott Mostoway
SARC Senior Labour
Relations Consultant
For the first time in several years, Saskatchewan’s primary employment legislation is undergoing what many are calling “wholesale” changes. Effective January 1, 2026, The Saskatchewan Employment Act will introduce new and revised provisions related to protected leaves, restrictions on requesting medical notes, the definition of a “day,” and more.
For non-unionized workplaces, these changes will primarily require updates to internal policies and procedures, generally manageable through proper notice and amendment. However, in unionized workplaces, the impact can be more complex. Not only must employers update internal policies, but they must also ensure that provisions within collective agreements align with the new legislative standards. This raises an important question: what should employers keep in mind when considering legislative changes in the context of existing collective agreements?
At first glance, it may seem that a collective agreement operates independently of employment legislation, a standalone “law of the land” within the workplace. However, the Supreme Court of Canada has ruled that arbitrators have at least concurrent jurisdiction to hear and decide on matters involving alleged breaches of employment legislation. In essence, the Court affirmed that all employment and human rights legislation are incorporated into every collective agreement, whether expressly stated or not.
This means that an employer’s management rights are not only subject to the terms of the collective
agreement but also to employment legislation such as human rights, occupational health and safety, and employment standards, even if the agreement itself does not directly reference them.
The Saskatchewan Employment Act includes a clear clause allowing employers to provide more favourable conditions of employment than those set out in the Act. Conversely, it also prohibits any employment contract or agreement, including collective agreements, from depriving employees of any statutory benefit.
In practical terms, this means that while employers and unions are free to negotiate enhanced provisions, any clause that falls below the statutory minimum will be considered unenforceable. This is especially relevant as the upcoming legislative amendments take effect on January 1, 2026. Employers entering collective bargaining or reviewing existing agreements must ensure their provisions meet or exceed these new minimum standards. Where current collective agreement terms do not meet the statutory threshold, employers will need to adjust their practices and procedures to remain compliant. For example, if a collective agreement provision does not currently reflect the new requirements under “bereavement leave”, the existing language will stay intact until the parties are able to update the terms at collective bargaining or settle on a negotiated Letter of Understanding. This means that until those negotiations take place, the language will remain the same in the collective agreement, but we as employers will need to be flexible and ensure that we act according to the increased benefits under the legislation.
The upcoming changes to The Saskatchewan Employment Act serve as a reminder that legislation and collective agreements are deeply interconnected. While collective bargaining allows for flexibility and the negotiation of superior terms, the law ultimately establishes the floor that no agreement can fall below.
Employers should proactively review their current agreements and internal practices to ensure compliance with the new provisions. By doing so, organizations can avoid disputes, maintain good labour relations, and demonstrate a continued commitment to fair and lawful employment practices.