Paid Holidays: New Brunswick's Offerings

New Brunswick has eight paid public holidays, including New Year's Day, Family Day, Good Friday, Canada Day, New Brunswick Day, Labour Day, National Day for Truth and Reconciliation, Remembrance Day, and Christmas Day. These holidays are recognised by law and provide an opportunity for individuals and families to spend time together, enjoy leisure activities, and participate in cultural events. Employees who qualify for these paid holidays and work on these days are entitled to their regular day's pay, plus 1.5 times their regular wage for the hours worked.

Who qualifies for paid holiday leave in New Brunswick?

In New Brunswick, the Employment Standards Act of 1982 governs the terms and conditions of employment, including paid holiday leave. To qualify for paid public holiday leave, employees must meet the following criteria:

• They must have been employed for at least 90 calendar days in the preceding 12 months.
• They must have worked their scheduled day of work before and after the public holiday, unless there is a good reason for not doing so.
• They must report for and work their shift on the public holiday unless there is a good reason for not doing so or if they have agreed to work on that day.
• They must not be employed under a continuous arrangement where they can decide when to work or not.

Additionally, employees who qualify for paid holiday leave and work on the statutory holiday are entitled to receive their regular day's pay, plus 1.5 times their regular wage rate for the hours worked on that day. Employees who do not work on the public holiday must receive their regular day's pay for that day.

It is important to note that certain industries, such as professionals, house salespersons, and car salespersons, may not qualify for statutory holiday pay.

Furthermore, employers in New Brunswick are obliged to provide annual vacation leave to all employees, and the amount of vacation pay will depend on the length of their employment. Employees with less than 8 years of service are entitled to either at least one day per month worked or at least two weeks of vacation per year. On the other hand, employees with more than 8 years of service are entitled to either at least 1.25 days for each month worked or at least 3 weeks of vacation per year.

How many paid holidays are there in New Brunswick?

In New Brunswick, there are eight official public holidays, as of January 1, 2018. These are paid holidays for most employees, and they are recognised by law. They are as follows:

• Family Day: the third Monday in February.
• New Year's Day: January 1st.
• Good Friday: the Friday before Easter Sunday.
• Canada Day: July 1st.
• New Brunswick Day: the first Monday in August.
• Labour Day: the first Monday in September.
• National Day for Truth and Reconciliation: September 30th.
• Remembrance Day: November 11th.
• Christmas Day: December 25th.

In addition to these, there are also three prescribed days of rest that are not considered paid public holidays: Thanksgiving Day, Victoria Day, and Boxing Day.

It is important to note that the specific regulations and entitlements surrounding these holidays may vary depending on the employer, the employee's contract, and the nature of the work. However, employers are generally required to provide eligible employees with a paid day off on statutory holidays.

What are the conditions for receiving holiday pay?

To receive holiday pay in New Brunswick, there are several conditions that must be met. These conditions vary slightly depending on the type of employee, but generally, the following criteria must be satisfied:

• The employee must have been working for the same employer for a specific period before the holiday. For casual or temporary employees in New Brunswick, this means a minimum of six months of continuous service. For other employees, they must have been employed for at least 90 calendar days in the 12 calendar months preceding the public holiday.
• The employee must have worked their scheduled shifts before and after the holiday. This condition may be waived if there is a good reason for not doing so, such as illness.
• If the employee agrees to work on the public holiday, they must report for and work their shift unless there is a valid reason for not doing so.
• The employee must not be employed under a continuous arrangement where they can decide their work schedule.

It is important to note that holiday pay eligibility and conditions may vary based on specific circumstances and employment contracts. Additionally, different provinces in Canada have their own unique set of rules regarding holiday pay. Therefore, it is always advisable to refer to the relevant provincial legislation and seek expert advice when determining holiday pay eligibility.

What happens if a holiday falls on a non-working day?

In New Brunswick, there are eight paid public holidays:

• New Year's Day
• Family Day
• Good Friday
• Canada Day
• New Brunswick Day
• Labour Day
• National Day for Truth and Reconciliation
• Remembrance Day
• Christmas Day

There are also three prescribed days of rest that are not paid public holidays: Thanksgiving Day, Victoria Day, and Boxing Day.

If a public holiday falls on a non-working day, employees are entitled to a holiday with pay on the working day immediately before or after the public holiday. For example, if a public holiday falls on a Saturday, the employee is entitled to a holiday with pay on the preceding Friday. Similarly, if a public holiday falls on a Sunday, the employee is entitled to a holiday with pay on the following Monday.

For employees who work on a public holiday, they are entitled to receive their regular day's pay plus 1.5 times their regular wage rate for the hours worked on that day. Employees who do not work on a public holiday must still receive their regular day's pay for that day.

It is important to note that employees must meet certain eligibility criteria to qualify for paid public holidays. In most cases, employees must have worked for the same employer for at least 90 calendar days and have worked their scheduled regular days of work before and after the holiday.

What happens if an employee works on a public holiday?

In New Brunswick, employees who work on a public holiday must receive their regular day's pay plus 1.5 times their regular wage rate for the hours worked on that day. This is in addition to the holiday pay they are entitled to.

For example, if an employee makes $15.00 an hour and works on a holiday, they will get $15.00 x 1.5 = $22.50 per hour worked on that holiday.

Employees who do not work on a public holiday must receive their regular day's pay for that day.

There are two ways to calculate holiday pay in New Brunswick:

• Paid like a regular day: You pay the employee a regular day’s wage for the statutory holiday when the holiday arrives—even if they are not scheduled to work on the day the holiday falls.
• Paid a bit on each paycheque: You have the option of paying 4% of an employee’s total gross wages on each paycheque. Over the course of the year, the 4% is equivalent to what a full-time employee would earn for a holiday using method one.

Employees in certain occupations (e.g. professionals, house and car salespersons) do not qualify to receive pay for a public holiday.

It is important to note that the rules around statutory holiday entitlement and pay may vary depending on the industry and specific circumstances. Employers should ensure they are familiar with the relevant legislation, such as the Employment Standards Act, to avoid being fined for not paying their staff the correct holiday pay.

Frequently asked questions