Employees are entitled to time off work in certain circumstances. Some time off is with pay and other time off is not. There are also other conditions that need to be met for most leaves from work.
Your employer must give you at least 3 weeks of paid vacation every year after you have worked for them for 1 year. If you work for the same employer for 10 years, they must give you at least 4 weeks of paid vacation a year.
Your employer must allow you to take all your vacation at one time if that is what you want to do. You can ask to break it up into shorter periods.
Your vacation time should be decided between you and your employer. Your employer must let you take your vacation within a year of earning it. If you and your employer cannot agree or you do not schedule any vacation time, your employer can schedule your vacation. You must be told at least 4 weeks in advance when your vacation will start.
If you do not take the vacation that you are
entitled to, you will get vacation pay instead. For example, if you are
entitled to 3 weeks of vacation and you do not take it, you will get 3 extra
weeks of pay that year.
In Saskatchewan, there are 10 public holidays a year:
If a holiday falls on a Sunday and the workplace is not normally open on Sunday, the next Monday is considered the public holiday.
If you work on a public holiday, you get premium pay. You get your regular amount of pay plus 1.5 times your hourly wage for every hour worked. Otherwise, you generally get the day off with pay.
There are different rules for full-time workers in hospitals, schools, nursing homes, hotels and restaurants. If these employees work on a public holiday, they will be paid 1.5 premium pay for any hours they work and receive either holiday pay or another day off. There are also different rules for some industries, such as well drilling and hog farming.
You may have to be away from work for several reasons including if:
Employers do not have to pay you when you are away for these reasons, but they cannot fire you for taking a valid leave. You must have worked for your employer for at least 13 weeks before you can take this type of leave without the risk of losing your job. When you return to work, you are entitled to the same wage and benefits as you had before you went on leave. If your leave lasts longer than 60 weeks, you may get a comparable job instead of your previous job.
You are entitled to unpaid leave if you have been directed to isolate by:
You are entitled to this leave for the duration of your isolation. You may also be eligible for this unpaid leave if you are required to stay home to care for children or other family members.
You do not need to provide notice to your employer, but open communication can benefit both you and your employer. Unlike other leaves, you do not need to have worked for your employer for a designated number of weeks.
See additional information on public health emergency leave from the Government of Saskatchewan.
Employers are required to provide employees with:
For every kind of leave there are a maximum number of days that can be taken…
There are a number of other rules that apply to taking leave. Notice must be given before some types of leave can be taken. You must usually give 4 weeks’ written notice for leaves of more than 60 days. You can give less notice if the leave cannot be anticipated such as for bereavement or compassionate care leave. There are also different rules about who is considered a family member in different situations.
It is against employment standards to end someone’s employment because of an authorized leave. Employers also cannot let someone go because they are pregnant or disabled because of pregnancy. Workers who are disabled cannot be fired for asking for changes to their duties because of their disability. This includes workers who are temporarily disabled because of pregnancy.
For some unpaid leaves, you may be eligible for Employment Insurance.
Workers who are away from work because of illness or injury may be entitled to sickness benefits.
Parents who take maternity, adoption or parental leave are eligible for maternity and parental benefits. Maternity leave benefits covering 55% of the mother’s salary are paid for a maximum of 15 weeks. Parental leave benefits are paid for a maximum of 40 weeks at 55% of the parent’s salary, but one parent can only take 35 of these weeks. Parents can choose to take up to 69 weeks and be paid at 33% of their salary. One parent can only take 61 of these weeks.
A family member who is caring for a critically ill or injured child is eligible for the family caregiver benefit. They can receive 55% of their salary for a limited number of weeks depending on the situation.
If you take a leave to care for a family member who has a significant risk of dying, you are eligible for compassionate care benefits for up to 26 weeks.
If you, your child or someone that you are a caregiver for (even if you do not live together) have experienced interpersonal violence, you are entitled to up to 10 days of leave in a year. You can take these days as one block or break them up over the year. Five of these days are with pay. You must have worked for your employer for at least 13 weeks to take this type of leave.
You are entitled to this leave if you have experienced sexual violence or the person who was violent towards you is:
Employers must keep your information related to an interpersonal violence leave confidential.
You can use this leave to:
Employers must give employees who are eligible to vote paid time off to do so. This only applies if your hours of work do not allow you 3 consecutive hours to vote while the polls are open. For example, if you work until 7 p.m. and the polls are open until 9 p.m., your employer may decide to let you leave one hour early with pay. Your employer gets to decide when you should have this time off while the polls are open. This applies to both federal and provincial elections, but not to municipal or other elections.
The Regina Public Library and Saskatoon Public Library are hosting free Law Fair events during Saskatchewan Access to Justice Week to connect people with free legal information, assistance, and support. Attend to acquire legal knowledge and to broaden awareness of legal rights and responsibilities!