From time to time, employment standards legislation is amended in ways that appear modest on their face but can have meaningful consequences in the workplace.
The recent amendments to The Saskatchewan Employment Act, which came into force on January 1, 2026, are a good example. None of the changes dramatically reshape employment law in the province. However, several provisions clarify how the legislation applies in everyday situations that frequently arise in workplaces — matters such as gratuities, illness absences, work schedules, and the definition of who is considered an employee.
For employers, these amendments serve as a reminder that workplace policies should be reviewed periodically to ensure compliance with the evolving statutory framework. For employees, the changes provide clearer protections in several areas that have generated uncertainty in the past.
While much of the commentary on the amendments has focused on the technical wording of the statute, it is useful to step back and consider what these changes mean in practical terms for everyday employment relationships.
A Practical Perspective
In my practice, I frequently encounter disputes arising under The Saskatchewan Employment Act, whether through employment standards complaints, appeals, or related workplace matters. Many of those disputes arise not because the law is particularly complicated, but because workplace practices gradually diverge from statutory requirements.
Legislative amendments such as those that came into force on January 1, 2026 often address issues that have appeared repeatedly in real workplace situations.
Below are several of the more notable amendments.
Expanded Definition of “Employee”
One of the most important changes expands the statutory definition of “employee.” The Act now makes it clear that an employee includes:
- a person receiving or entitled to wages
- person whom an employer permits to perform work normally done by employees
- a person being trained for the employer’s business
- a person on employment leave
- other prescribed individuals
This broader definition reflects a continuing legislative trend: employment standards protections should apply to individuals performing work for a business, even where the relationship might otherwise be characterized differently.
For employers, the practical message is straightforward. If someone is performing work within the business, there is an increasing likelihood that the Act will treat that individual as an employee for employment standards purposes, regardless of how the relationship is described.
Work Schedules and Hours of Work
The amendments also clarify provisions relating to work schedules. Employers must provide employees with notice of a work schedule that includes:
- the time work begins and ends
- shift start and end times where applicable
- meal break times
- what constitutes a “day” for the purposes of hours-of-work provisions
While this requirement already existed in substance, the amendments clarify what must be included in the schedule and how a “day” may be defined.
In practice, the change provides greater clarity for both employers and employees regarding scheduling obligations.
Protection of Employee Gratuities
One of the more visible amendments involves gratuities (tips). The Act now explicitly provides that an employer must not:
- withhold gratuities from an employee
- deduct amounts from gratuities
- require employees to return gratuities to the employer
If gratuities are improperly withheld, they are deemed to be wages owing to the employee, meaning they may be recovered through employment standards enforcement.
The legislation does allow tip pooling arrangements, provided they comply with prescribed rules.
This amendment reflects evolving expectations within the hospitality and service sectors regarding the treatment of tips.
Protection for Illness or Injury Absences
Another significant change is the replacement of section 2-40 with a revised provision dealing with illness and injury absences.
Under the amended section, an employer must not take discriminatory action against an employee because of absence due to illness or injury, subject to certain limits. The protection applies where:
- the employee has worked for the employer for more than 13 consecutive weeks, and
- the absence does not exceed
- 12 days in a calendar year for non-serious illness or injury, or
- 27 weeks in a 52-week period in cases of serious illness or injury or where the employee is receiving workers’ compensation benefits.
The legislation also places limits on medical certificate requests. Employers may request a medical certificate only if:
- the absence exceeds five consecutive working days, or
- the employee has demonstrated chronic absenteeism with no reasonable expectation of improvement.
These provisions attempt to balance legitimate workplace management concerns with the reality that employees occasionally need time away from work due to health issues.
Strengthened Anti-Reprisal Protections
The amendments also reinforce provisions protecting employees from reprisal or discriminatory action. Employers are prohibited from taking adverse action against employees because they:
- attempt to exercise rights under the Act
- request compliance with employment standards
- raise concerns about workplace rights
These protections reinforce an important principle of employment standards legislation: employees should be able to assert their statutory rights without fear of retaliation.
How These Changes May Appear in Employment Standards Disputes
Many employment standards disputes arise not because the law is unclear, but because workplace practices gradually drift away from statutory requirements. Several of the recent amendments appear aimed at issues that frequently arise in complaints under the Act. For example:
- Gratuities have been a recurring issue in the hospitality sector, particularly where employers retain or redistribute tips. The new provisions make it clear that gratuities belong to employees, subject only to lawful tip pooling arrangements.
- Illness absences have also been a common source of disagreement. Employers often struggle to balance operational needs with employee absences, while employees sometimes feel pressured to provide medical documentation for short-term illnesses.
- The expanded definition of “employee” reflects an ongoing effort to ensure that individuals performing work for a business are not excluded from employment standards protections simply because the relationship is characterized differently.
In many respects, these amendments can be seen as legislative responses to practical issues that have arisen repeatedly in employment standards complaints and adjudications.
What Employers Should Do Now
While the amendments are largely incremental, employers would be well advised to review workplace practices. In particular, employers may wish to:
- review policies relating to illness absences and medical certificates
- ensure supervisors understand the limits on requesting medical documentation
- confirm that tip handling practices comply with the new gratuity provisions
- review work scheduling practices
- ensure managers understand the anti-reprisal protections in the Act
A brief review of workplace policies now may prevent disputes later.
A Balance Between Flexibility and Protection
Employment standards legislation always involves balancing two legitimate interests. Employers require flexibility to operate their businesses efficiently, while employees are entitled to minimum protections governing wages, working conditions, and workplace treatment.
The recent amendments to The Saskatchewan Employment Act reflect that ongoing effort to strike a reasonable balance. Some provisions provide greater clarity and flexibility in how workplaces may organize schedules or authorize deductions, while others reinforce protections relating to gratuities, illness absences, and the ability of employees to assert their rights under the Act.
Final Thoughts
Employment standards legislation rarely changes overnight. More often, it evolves gradually as governments respond to recurring workplace issues and shifting expectations about fairness, flexibility, and workplace protections.
The amendments that came into force on January 1, 2026 are part of that ongoing evolution. While many of the changes are technical in nature, they reflect practical issues that arise regularly in workplaces across Saskatchewan.
For employers and employees alike, a basic understanding of these developments can help prevent misunderstandings and contribute to more stable and effective workplace relationships.