Employers should keep up- to-date on the latest government directives and legislative changes. 222 3rd Avenue SW Saskatoon, SK S7K 5R5, 2100 Livingston Place This blog provides an overview of the important changes that are contained in the Amendments. On March 17, 2020 amendments were made to The Saskatchewan Employment Act to ensure leave for employees during public health emergencies. Winnipeg, MB R3C 4G1, 1500 Hill Centre I Employees are entitled to a protected leave where a public health emergency has been declared in accordance with the legislation and: There are potential exceptions if the layoff is for 26 weeks or less or if the layoff results from unforeseeable circumstances preventing the performance of the contract. In addition, laws may change over time and should be interpreted only in the context of particular circumstances such that these materials are not intended to be relied upon or taken as legal advice or opinion. 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On May 22, 2020 the government of Saskatchewan published amendments to The Employment Standards Regulations (the “ Amendments ”) which revised the government’s approach to temporary layoffs, group termination notices and public health emergency leave. 10235 – 101st Street Edmonton, AB T5J 3G1, Suite 2600 222 3rd Avenue SW Employers must also review those obligation should there be a layoff or termination to see if there is any impact.  Further, some foreign workers may be proceeding with a permanent residency application that is dependent on their current employment. NOTE: This consolidation is not official. Edmonton, AB T5J 3G1, Suite 2600 The provisions of the Act and The Employment Standards (Public Emergencies) Amendment Regulations, 2020 are not operative unless there “public health emergency,” as that term is defined in the Act. There are additional group notice requirements if more than 10 employees are being laid off within a rolling four-week period. If any employees have not been scheduled back to work at the end of the two-week period, those employees are deemed to have been terminated and are entitled to pay in lieu of notice to be calculated from the original date on which the employer laid off the employees. In addition, laws may change over time and should be interpreted only in the context of particular circumstances such that these materials are not intended to be relied upon or taken as legal advice or opinion. These changes replace the previous amendments to The Employment Standards Regulations which allowed for employers to implement temporary layoffs (12 weeks in any 16-week period) without providing notice or pay in lieu of notice pursuant to the Act. Readers should consult a legal professional for specific advice in any particular situation. The Amendments establish that the public health emergency leave is deemed to apply to an employee who is required to provide care and support to an employee’s adult family member who is affected by a direction or order of the government of Saskatchewan or an order of the Chief Medical Health Officer. The Saskatchewan Employment (Public Health Emergencies) Act, 2020 (the “Act”) amends The Saskatchewan Employment Act (the “SEA”). For some foreign workers, employers may have obligations towards return transportation costs and housing. When considering taking these steps, foreign national workers are to receive the same treatment under federal or provincial labour legislation as their Canadian and permanent resident of Canada counterparts. What will statutorily apply to a Canadian or Canadian permanent resident employee, will also apply to a foreign national worker. Employers should not specifically target foreign national workers for terminations, layoffs, or hours reductions ahead of Canadian employees. Equal consideration and treatment is key. First, the Amendments make important changes to the applicability of the layoff provisions set out within The Saskatchewan Employment Act (the “Act”) in the context of a public emergency. 360 Main Street This form of leave was initially outlined in our Saskatchewan Enacts Public Health Emergency Leave blog. The notice can be provided as pay in lieu of notice or working notice and varies with length of service: Employees may have rights to notice of layoff or termination or pay in lieu that exceed the statutory minimums pursuant to contract, employer policy or a collective bargaining agreement. Copyright © 2017 MLT Aikins LLP. Finally, the Amendments also make changes regarding ancillary matters that relate to public health emergency leave. 1874 Scarth Street Released on March 17, 2020. On May 22, 2020 the government of Saskatchewan published amendments to The Employment Standards Regulations (the " Amendments ") which revised the government's approach to temporary layoffs, group termination notices and public health emergency leave. A termination may cause that permanent residency application to collapse. 1874 Scarth Street Vancouver, BC V6E 3X1, Categories: COVID-19, Immigration, Labour & Employment. Note: This article is of a general nature only and is not exhaustive of all possible legal rights or remedies. The Amendments establish that during the entirety of a public emergency period, employers and employees are exempt from the provisions of – and employees are not entitled to rely upon – the layoff provisions of the Act. Calgary, AB T2P 0B4, Suite 2200 30th Floor Employers may also have additional legislative obligations if it moves work between its locations. 1066 West Hastings Street Regulatory changes were also announced on March 20, 2020. “MLT Aikins”, the MLT Aikins Designs and “Western Canada’s Law Firm” are trademarks of MLT Aikins LLP. Although foreign national workers are to be treated in an equal manner, there are additional points employers must consider in relation to immigration compliance obligations. When an employer has a foreign national worker on a Labour Market Impact Assessment or Online Offer of Employment based work permit, there are obligations that are expected to be met for compliance. Employers are generally obligated to provide the same occupation and substantially the same, but not less favorable, wages and working conditions to those types of foreign workers.  If a foreign national worker will be impacted by a termination, layoff, or reduction in work hours, employers must check and make sure that is done in a compliant manner or within a statutory justification. The Amendments form part of the larger attempt by the government of Saskatchewan to balance both the interests of employers and employees that arise from COVID-19. On March 17, 2020, the Saskatchewan government retroactively amended The Saskatchewan Employment Act (the “Act”) to create a new Public Health Emergency Leave. Readers should consult a legal professional for specific advice in any particular situation. The MLT Aikins labour and employment team will continue to monitor the situation and provide additional updates on legal issues that may impact employers. If an employer lays off employees for a total of more than 12 weeks in a 16-week period, the employees are deemed to be terminated and are entitled to pay instead of notice as outlined in The Saskatchewan Employment Act. Vancouver, BC V6E 3X1, Categories: COVID-19, Labour & Employment. NOTE: This consolidation is not official. 1066 West Hastings Street Each potential claim will have to be dealt with on a case- by-case basis and within the applicable legislative framework. These employees may seek to recover contractual or common law notice entitlements. Regina, SK S4P 4E9, Suite 1201 – 409 3rd Avenue S This blog provides an overview of the important changes that are contained in the Amendments. The employee is required to provide care and support to an adult or child family member who is affected by a direction or order of the government or order of the Chief Medical Officer. The leave is unpaid unless the employee can safely work from home and is authorized by the employer to work from home. More than 13 weeks but less than one year = one week, More than one year but less than three years = two weeks, More than three years but less than five years = four weeks, More than five years but less than 10 years = six weeks. Calgary, AB T2P 0B4, Suite 2200 “No one should lose their job for continuing … An employer is able to temporarily layoff or terminate foreign national workers as operations demand. Each case will be assessed on its own facts, but Employment Standards has indicated that COVID-19 likely constitutes an exception to the requirement to provide group notice.

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