New Brunswick Leave Laws
Paid federal statutory holidays
- New Year’s Day – 1st January
- Good Friday – 2 days before Easter Sunday
- Victoria Day – Monday preceding May 25th
- Canada Day – 1st July
- Labour Day – first Monday of September
- Thanksgiving Day – second Monday of October
- Remembrance Day – 11th November
- Christmas Day – 25th December
- Boxing Day – 26th December
Provincial Paid holidays
New Brunswick has additional holidays:
- Family day – 3rd Monday in February
- New Brunswick Day – 1st Monday in August
Victoria Day, Thanksgiving, and Boxing Day are not statutory holidays in New Brunswick.
Retail businesses must be closed on Sundays and on provincial holidays.
To be eligible to work, the employee must have:
- Worked at least 90 calendar days in the 12 months prior to the holiday
- Worked the scheduled shift before and after the holiday
Eligible Pay Rate and/or Entitlement:
- If the holiday falls on a regular workday: Daily wage + 1.5 times regular rate (additional one day paid leave is subject to the agreement with employer)
- If the holiday falls on a non-working day: One day paid leave (taken before the next annual vacation)
In New Brunswick employees are entitled to 2 consecutive weeks or 1 day for each month worked of vacation leave for the first eight years of employment and 3 consecutive weeks or 1.25 days for each month worked of leave after eight years of employment.
Employees are entitled to vacation pay of 4% of gross wages for the first eight years of employment and 6 % of gross wages after eight years of employment. Employees are entitled to receive the pay within 1 day prior to the commencement of a vacation.
The rollover policy
- Statutory Provisions Addressing Vacation Pay
Vacation is considered earned wages.
- Use-It-or-Lose-It Policy
In Canada is illegal to use the policy.
- Payment of Accrued Vacation upon Termination
The employee’s earnings must be paid upon termination of employment.
- Vacation and PTO
Vacation pay is calculated as a percentage of the gross wages an employee earns during the “year of employment”.
- Personal leave and family responsibility leave – Sick Leave
Sick Leave Employers are required to provide employees with up to five days per year of unpaid sick leave
Family Responsibility Leave Employees are entitled to up to 3 days of unpaid leave to deal with the health, care, or education needs of a person in a close family relationship.
Maternity, Paternity, FMLA
Employers are required to provide pregnant employees with up to 17 weeks of unpaid leave. Leave must begin no earlier than 13 weeks before the probable delivery date. Employers may require employees to begin leave when they are no longer able to perform work due to pregnancy. Maternity leave is not affected by the employer’s imposed leave. Employees must provide a medical certificate and written notice.
Parental Leave (Child Care Leave)
Employers are required to provide biological and adoptive parents up to 62 consecutive weeks of job-protected unpaid leave. Leave may be shared by parents, but may not exceed a total of 62 weeks. Child care leave can begin no sooner than on the day a newborn or adopted child comes into the care and custody of the employee. Employees can combine maternity and Child care leave in a total duration of 78 weeks. Both natural and adoptive parents must provide a medical certificate and written notice.
Jury Duty Leave
All employers must allow employees to take unpaid leave in order to attend court as jurors.
Employees are entitled to up to 5 consecutive days due to the death of a close family member. Bereavement leave is to begin no later than the day of the funeral.
Leave related to death or disappearance of a child
Employers are required to provide employees who are parents of a child under 18 years old with 37 weeks of unpaid leave due to the death or disappearance of a child as a result of a probable crime. If both parents work for the same employer, they are both entitled to leave. An employee is not eligible for leave if he or she is charged with the crime. Employees must provide written notice.
Employees are entitled to continue the leave for 2 more weeks
- If the child was found alive, or
- if the death or disappearance was not a result of a crime
Employees are entitled to take 37 weeks of leave if the child was found dead.
Written notice is required.
Compassionate care leave, Critical Illness Leave, and Domestic Violence, Intimate Partner Violence or Sexual Violence Leave
Compassionate care leave employees are entitled to up to 28 weeks of unpaid leave to care for a close family member who is critically ill and has a significant risk of dying. Leave may be taken in periods no than a week period. Leave can be shared by two or more employees, but not to exceed 28 weeks. If the family member dies, the employee is entitled to take bereavement leave. No length of service is required for employees to be eligible for leave. A medical certificate is required.
Critical Illness Leave
- Employees are entitled to up to 37 weeks of unpaid leave to care for a critically ill child under 18 years old. Leave can be used by one parent consecutively or shared by both parents. Employees are required to provide written notice and certificate.
- Employees are entitled to up to 16 weeks of unpaid leave to care for a critically ill adult who is 18 years of age or older. Leave can be used by one parent consecutively or shared by both parents. Employees are required to provide written notice.
Intimate Partner Violence or Sexual Violence Leave
Employers are required to provide employees with leave in each year. Leave can be taken:
- up to 10 days, which the employee may take intermittently or in one continuous period, and
- up to 16 weeks in one continuous period.
The first five days of the leave are paid.
Employees are eligible for leave if they have been employed for at least 90 days. Leave may be taken for the following reasons:
- to seek medical attention for the employee or the child of the employee for a physical or psychological injury or disability caused by domestic violence, intimate partner violence or sexual violence;
- to obtain victim services for the employee or the child of the employee from a qualified person or organization;
- to obtain psychological or other counseling from a qualified person for the employee or the child of the employee;
- to relocate temporarily or permanently;
- to seek legal or law enforcement assistance, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the domestic violence, intimate partner
violence or sexual violence; and
- for any other purposes related to or resulting from domestic violence, intimate partner violence or sexual violence.
A written notice is required
Employers are required to provide employees with:
- up to 30 continuous calendar days for the purpose of annual training. Employees are eligible for leave if they have been employed for at least 6 months.
- up to 18 months for purposes other than annual training. Employees are eligible if at least 12 months have elapsed since the date the employee returned to work from his or her most recent leave.
Leave may be taken for the following military services:
- Deployment to a Canadian Forces operation either inside or outside Canada,
- Required pre-deployment or post-deployment activities, including training and travel time, within and outside of Canada,
- A period of treatment, recovery or rehabilitation for a physical and/or mental health problem resulting from these activities, and
- Annual training.