Saskatchewan's New Sick Note Law: January 2026
On January 1, 2026, amendments to The Saskatchewan Employment Act came into force that fundamentally changed when employers can request medical documentation from employees. These changes were part of Bill 5, which passed in May 2025 and received Royal Assent in November 2025.
For Saskatchewan workers, this is the most significant employment standards update in over a decade. Here's everything you need to know about the new rules, when you still need a sick note, and how to get one quickly when you do.
The New 5-Day Rule Explained
Under the updated legislation, employers cannot request a sick note unless an employee has been absent for more than five consecutive working days. This is a significant change from the previous rules, which allowed employers to request documentation for any absence.
| Absence Length | Can Employer Require a Note? | Details |
|---|---|---|
| 1-5 consecutive working days | No | Prohibited under the Employment Act |
| 6+ consecutive working days | Yes | Employer may request medical documentation |
| Pattern absences (3+ same day in 12 months) | Yes | Written notice must be given first |
| Long-term sick leave (up to 27 weeks) | Yes | Documentation required to access leave |
| Workers' compensation claim | Separate process | WCB Saskatchewan has its own requirements |
What counts as a "working day"? Only days you were scheduled to work. Weekends and statutory holidays don't count unless you were rostered. If you work Monday to Friday and call in sick Monday through Friday, that's 5 working days — no note required. If you're also absent the following Monday (day 6), your employer can request one.
The Pattern Absence Exception
This is the rule most Saskatchewan workers don't know about. Even for a single-day absence, your employer can request a sick note if:
- You've called in sick 3+ times on the same day of the week in the past 12 months (e.g., always sick on Mondays)
- You've called in sick immediately before or after a long weekend 3+ times in 12 months
- You've called in sick on the same date pattern (e.g., payday, month-end) 3+ times
Critical detail: The employer must document the pattern and provide you with written notice that future absences on those days will require documentation. They cannot retroactively apply this rule or demand a note without prior written warning.
What Hasn't Changed
Despite the new restrictions, several situations still require medical documentation:
1. Extended sick leave (27 weeks): If you're accessing Saskatchewan's long-term sick leave (increased from 12 to 27 weeks as of January 2026), your employer can require medical documentation
2. Workplace safety concerns: If your absence raises legitimate safety concerns about your fitness to return (e.g., heavy equipment operators, healthcare workers)
3. Short-term disability claims: Insurance providers (Sun Life, Manulife, Canada Life) still require documentation regardless of employment law
4. Return-to-work plans: After extended absences, employers can request fitness-to-return clearance
5. Professional licensing: Regulated professionals (nurses via SRNA, teachers via STF, engineers via APEGS) may have additional documentation requirements from their regulatory bodies
When You Still Need a Sick Note in Saskatchewan
Even with the new protections, many Saskatchewan workers still need sick notes:
- Absences exceeding 5 consecutive days — This is the most common trigger, especially for flu, surgery recovery, or mental health episodes
- Workplace accommodation requests — Under the Saskatchewan Human Rights Code, you'll need documentation to support modified duties, ergonomic changes, or schedule adjustments
- Union collective agreements — Many Saskatchewan unions (SGEU, SFL, CUPE, Unifor) have collective agreements that specify documentation requirements. However, collective agreements cannot provide less protection than the Employment Act — they can only provide more
- University exam deferrals — USask, U of R, and Saskatchewan Polytechnic all require physician documentation for exam deferrals
- Probationary employees — While the law applies equally, having documentation during probation provides extra protection against termination
Saskatchewan's Expanded Long-Term Sick Leave
Also effective January 2026, Saskatchewan expanded long-term sick leave from 12 weeks to 27 weeks. This brings Saskatchewan in line with federal standards and provides significantly more job protection for seriously ill workers.
To access this extended leave, you will need:
- Medical documentation from a licensed physician
- 13 weeks of continuous employment with your current employer
- Written notice to your employer (as soon as practicable)
- The leave can be taken in one continuous block or intermittently (with employer agreement)
This is particularly important for workers dealing with cancer treatment, major surgery recovery, or serious mental health conditions that require extended time away from work.
How the New Rules Affect Different Saskatchewan Industries
Potash & Mining (Nutrien, K+S, BHP): Most mining operations have attendance management policies that are stricter than the Employment Act minimum. However, these policies must now comply with the 5-day threshold. If your mine site's policy says "note required after 1 day," that clause is unenforceable as of January 2026.
Agriculture & Farming: Seasonal workers and farm hands are covered by the Employment Act. However, many agricultural employers are small operations that may not be aware of the new rules. Know your rights.
Oil & Gas (Southeast SK): Field workers in Estevan, Weyburn, and surrounding areas often work for companies headquartered in Alberta. The Saskatchewan Employment Act applies to work performed in Saskatchewan regardless of where the employer is headquartered.
Government & Crown Corporations (SaskPower, SaskTel, SaskEnergy): These employers are generally well-informed about the new rules and have already updated their policies. SGEU members should check their updated collective agreement language.
Healthcare (SHA): Nurses and healthcare workers have additional documentation requirements from SRNA (Saskatchewan Registered Nurses Association) that exist independently of the Employment Act.
How to Get a Sick Note in Saskatchewan When You Need One
If you do need a sick note — whether for an absence over 5 days, a disability claim, or a return-to-work clearance — here are your options:
| Option | Cost | Wait Time | Availability |
|---|---|---|---|
| MedLetter (Online) | $49 flat fee | Same day (2-6 hours) | 7 days/week, 8 AM - 10 PM CST |
| Walk-in clinic | $20-$50 + lost wages | 2-4 hours in clinic | Weekdays only, limited in rural SK |
| Family doctor | $0 (if you have one) | Days to weeks for appointment | Only 70% of SK residents have one |
| Emergency department | $0 | 6-12 hours | Not appropriate for sick notes |
For most Saskatchewan workers, the true cost of a walk-in clinic visit is $66-$105 when you factor in lost wages ($36-$75 at $18-$25/hour for 2-4 hours) plus the clinic fee ($30). MedLetter's $49 flat fee with no wait time is often the most affordable option.
What If Your Employer Violates the New Rules?
If your employer demands a sick note for an absence of 5 days or fewer (without a valid pattern-absence notice), you have several options:
1. Politely decline — Reference the Saskatchewan Employment Act amendments effective January 1, 2026
2. Request it in writing — Ask your employer to put their request in writing, citing the specific provision that allows it
3. Contact Employment Standards — File a complaint at 1-800-667-1783 or online at saskatchewan.ca
4. Contact your union — If you're unionized (SGEU, CUPE, Unifor), your steward can intervene
5. Provide one anyway — Some employees choose to provide documentation even when not required, to maintain a positive workplace relationship
Key Takeaway
Saskatchewan's 2026 changes are employee-friendly, but they don't eliminate the need for sick notes entirely. If your absence exceeds 5 days, if you're accessing long-term leave, or if your employer has a legitimate pattern-absence concern, you'll still need documentation. MedLetter provides fast, affordable access to medical documentation from CPSS-registered physicians — no clinic visit required, no family doctor needed, available 7 days a week.
Related: [No Family Doctor SK](/blog/no-family-doctor-saskatchewan-sick-note) | [Can Employer Require Sick Note SK](/blog/can-employer-require-sick-note-saskatchewan) | [Sick Note Cost SK 2026](/blog/sick-note-cost-saskatchewan-2026)
Frequently Asked Questions
Can I get a sick note online in Saskatchewan?
Yes. Licensed physicians provide virtual consultations and issue valid sick notes for Saskatchewan residents.
Will my Saskatchewan employer accept an online sick note?
Yes. All Saskatchewan employers must accept sick notes from licensed physicians, whether issued in person or through virtual care.
How fast can I get a sick note in Saskatchewan?
Online services deliver most sick notes within 2-6 hours.
How many sick days do Saskatchewan employees get?
Saskatchewan provides 12 days of unpaid sick leave per year under The Saskatchewan Employment Act.