New Brunswick Employment standards 2018

New Brunswick Labour & Employment Standards 2020

Minimum Wage
  • $11.50 per hour (effective 01 April 2019)
Call-in Pay
  • 3 hours at minimum wage

Note: Employees not covered by the terms and conditions of a collective agreement must be paid the greater of 3 hours at minimum wage or for the actual hours worked at regular wage rate when required to report for work. (This is applicable to employees whose regular wage rate is less than twice the prevailing minimum wage rate and who are regularly employed for more than 3 consecutive hours in a shift). If the employee has already worked 44 hours in a week, the employer is to pay the employee the greater of 3 hours at 150% of minimum wage rate or actual hours worked at regular wage.

Overtime Pay:
Time + 1/2 times the minimum wage rate
  • Over 44 hours per week

Note: Overtime pay is not less than 150% of the provincial minimum wage. Banking of hours is not permitted.

Vacation Entitlement
  • After 1 year: 2 weeks
  • After 8 years: 3 weeks

Note: An employee who has less than 8 years of continuous employment with the employer is entitled to vacation time of one day for each calendar month during the vacation year in which employee worked or two regular work weeks, whichever is less.

An employee who has 8 or more years of continuous employment with the employer is entitled to vacation time of at least 3 three regular work weeks or one-and-one-quarter days for each calendar month during the vacation year in which the employee worked, whichever is less. (Must be paid at least one day prior to the start of vacation).

Vacation Pay
  • 4% of vacationable earnings
  • After 8 years of employment: 6%
Statutory Holidays
  • New Year’s Day (January 1)
  • Family Day (3rd Monday in February)
  • Good Friday
  • Canada Day (July 1)
  • New Brunswick Day (First Monday in August)
  • Labour Day
  • Remembrance Day (November 11)
  • Christmas Day (December 25)
Statutory Holiday Pay (if worked)
  • Time + 1/2 plus regular pay OR regular pay plus alternate day.

Note: To qualify, an employee must:

  • be employed by the employer for at least 90 calendar days (not only work days) during the 12 months before the public holiday;
  • have worked his scheduled regular day of work before and after the holiday (this is not necessarily the day immediately before or after the holiday), unless there is a good reason for not doing so (most reasons related to illness are considered acceptable);
  • If he has agreed to work on the public holiday report for work and work his scheduled shift unless there is a good reason for not doing so;
    • not be employed under an arrangement where he can decide when to work or not to work; and
    • not be employed in specific occupations exempted by regulation.

If pay is variable, a regular day’s pay is the average daily earnings (excluding overtime) for the days worked in the 30 calendar days preceding the holiday.

Statutory Holiday Pay (if not worked)
  • Regular day’s pay

Note: See requirements to qualify above
If pay is variable, a regular day’s pay is the average daily earnings (excluding overtime) for the days worked in the 30 calendar days preceding the holiday.

Notice of Termination
by Employer
  • After 6 months of employment: 2 weeks
  • 5 years of employment and over: 4 weeks

Note: When terminating in groups of 10 or more, group termination rules may apply.

Maternity or Pregnancy Leave
  • 17 weeks

Note: Most jurisdictions require leaves to be taken within a specified period. Check with the applicable employment/labour standards office.

Parental Leave (available to either parent)
  • 62 weeks (Up to a maximum of 78 weeks combined maternity/parental leave)

Note: Most jurisdictions require leaves to be taken within a specified period. Check with the applicable employment/labour standards office.

Bereavement
  • 5 days
Compassionate/ Family Care/ Responsibility
  • 28 weeks / 3 days
Sick
  • 5 days

Note: If employed at least 90 days.

Voting
  • 3 hours
Reservist’s Leave
  • Yes

Note: Leave for Reservists – Employees who are members of the Canadian Forces Reserves and deployed for active service are entitled to a job-protected unpaid leave. Eligibility requirements and period of leave varies-consult applicable employment/labour standards information.

Court Leave
  • Yes, unpaid leave for attendance at a proceeding
Critical Illness of a Child Leave
  • 37 weeks
Death or Disappearance of a Child Leave
  • 37 weeks

The information on this web page is provided by AGENTC for your convenience. AGENTC does not warrant the accuracy or completeness of the information. Contents may be subject to change. Always check your circumstances with the proper authority for the most accurate and current information available.

Disclaimer: Intended as a guideline only and please visit the New Brunswick Government website for more information: http://www2.gnb.ca/content/gnb/en/departments/post-secondary_education_training_and_labour/People/content/EmploymentStandards.html