Effective October 1, 2021, the Government of Saskatchewan has introduced new regulations pursuant to The Saskatchewan Employment Act which provide private employers the option (but not the obligation) to require that their employees provide proof of vaccination or confirmation of a negative COVID-19 test result.

Under The Employers’ COVID-19 Emergency Regulations, an employer can choose to implement a policy which will require workers entering the workplace to either (1) show evidence of being fully vaccinated against COVID-19; or (2) show evidence of a negative COVID-19 test at least once every seven days. Employees who are not fully vaccinated will be responsible for any costs associated with the test, which must be taken during non-work hours 

Where an employer chooses to implement a policy under the Regulations, an employee who fails to comply with that policy may be prohibited from entering the workplace and may be subject to disciplinary consequences. It remains to be seen how courts will deal with circumstances where employees are disciplined or even terminated as a result of a failure to comply with a vaccination/testing policy. Lawyers will be closely monitoring developments in this area, and employers and employees who have concerns about these topics in the meantime should consult legal counsel.

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