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If certain conditions are met, employees are protected from discriminatory action if they are absent from work due to their own illness or injury or because of the illness or injury of a family member.
Discriminatory action includes any adverse action taken by the employer that affects their employment. This includes termination, layoff, discipline, changes of hours of work, intimidation, reduction in wages, loss of opportunity for promotion, demotion and transfer.
Paid sick leave is not provided for in The Saskatchewan Employment Act.
Employers may not discharge or discipline employees who have worked for them for more than 13 consecutive weeks because of absence due to the illness or injury of the employee:
The employer may require a medical note to verify the absence. Employment standards do not require employers to pay employees who are away sick. However, employers and employees may agree to paid sick leave.
If the employee's absence due to the illness or injury is the result of a public health emergency, the employee doesn't require 13 weeks of employment or need to provide a medical note.
While not specifically provided for in legislation, some employers and employees agree to use vacation and vacation pay when employees are sick. Vacation days used as “sick leave” should be clearly identified on the employee’s pay and attendance records.
Employees may also be entitled to job protection while they are absent from work due to the serious illness or injury of a member of the employee's immediate family who is dependent on the employee. An employer may request that the employee provide a doctor's certificate certifying that the family member was ill or injured.
An employer is required to modify an employee's duties or re-assign the employee to other duties if the employee becomes disabled. Accommodation will typically require participation by both the employer and employee.
Employees were protected from discriminatory action by their employer if they were away from work to apply for or receive the Canada Recovery Sickness Benefit or the Canada Recovery Caregiving Benefit.
The last period for the federal government benefit programs was May 1 to 7, 2022. The application deadline is July 6, 2022.
Employees were entitled to this protection during the eligibility period for these programs, which ran from September 25, 2020, until May 7, 2022.
Employees were not required to provide proof they had applied for the federal benefit or a medical note in order to access this protection.
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