Illness, Injury and Accommodation in the Workplace

Employers may not dismiss, discipline, or take any other discriminatory action against employees who have worked for them for more than 13 consecutive weeks because of an absence due to the illness or injury of the employee or a dependent in your immediate family:

• if the absence does not exceed 12 days in a calendar year for an illness or injury that is not serious;
• if the absence is due to serious illness or injury and does not exceed 27 weeks in a period of 52 weeks, or if the employee is receiving benefits under The Workers' Compensation Act.

Medical Notes

An employer cannot require an employee to provide a medical note unless:

• the absence continues for more than five consecutive working days; or
• the employee has had non-consecutive absences of two or more working days due to illness or injury in the preceding 12 months

If the employee is absent beyond these thresholds, the employer may require a medical note. Employers must request medical notes in writing.

If the employer does not require a medical note, the employee would be protected, assuming other requirements are met (e.g., more than 13 weeks of employment).

Public Health Orders to Isolate/Reduce Spreading of Disease

The employee is not required to provide a medical note or have more than 13 consecutive weeks of employment if the employee’s absence due to illness is to follow a public health emergency order in Saskatchewan.

Using Vacation as "Sick Leave"

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 or non-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 and the disability interferes with the employee’s job performance. Accommodation will typically require participation by both the employer and employee.