Sick Days: New Brunswick's Entitlement

In New Brunswick, the Employment Standards Act of 1982 governs the terms and conditions of employment, including working hours, holidays, rest periods, wages, overtime, leave, and termination of employment. According to the Act, employees are entitled to up to five days of unpaid sick leave per calendar year. However, there have been recent discussions and proposals to introduce paid sick days. A bill mandating 10 paid sick days in New Brunswick has been proposed and is currently under consideration by the legislature. This bill aims to ensure that employees have access to paid sick leave, especially during times of illness, to prevent the spread of communicable diseases, and to address the challenges posed by the COVID-19 pandemic.

Employees are entitled to 5 unpaid sick days per year

In New Brunswick, employees are entitled to up to five unpaid sick days within a 12-month period. This entitlement is outlined in the province's Employment Standards Act, which governs the terms and conditions of employment, including working hours, leaves, wages, and termination.

To be eligible for sick leave, employees must have worked for the same employer for at least 90 days. If an employee requests sick leave for four or more consecutive calendar days, the employer may ask them to provide a medical certificate to confirm their illness or injury. This certificate must state that the employee is incapable of working and specify the anticipated duration of their leave.

It is important to note that this entitlement to unpaid sick days is distinct from other types of leave offered in New Brunswick, such as family responsibility leave, compassionate care leave, and maternity or parental leave. Each type of leave has its own specific provisions and requirements outlined in the Employment Standards Act.

While the current legislation in New Brunswick provides for unpaid sick days, there have been recent discussions and proposals to introduce paid sick leave. In January 2023, the New Brunswick legislature considered a bill that would mandate ten paid sick days for workers in the province. This proposal highlights a growing recognition of the importance of paid sick leave in promoting public health and supporting workers' well-being.

Employees must provide a medical certificate for sick leave exceeding 3 days

In New Brunswick, the Employment Standards Act of 1982 mandates five days of unpaid sick leave for workers in the province. To be eligible for sick leave, employees must have been working for the same employer for at least 90 days.

Employees are required to provide a medical certificate for sick leave exceeding three consecutive calendar days. This certificate must be issued by a medical practitioner, nurse practitioner, or midwife, stating that the employee is incapable of working due to illness or injury. The employee must also inform their employer of the anticipated duration of the leave.

The need for paid sick days in New Brunswick has been a topic of discussion in recent years. Green Leader David Coon introduced a bill to mandate 10 paid sick days, which was referred to a legislative committee for further review. Currently, only about 60% of workers in New Brunswick have paid sick leave, and the province is one of three advanced countries without national mandatory paid leave.

The benefits of paid sick days are well-documented. They improve health outcomes for workers, reduce the spread of illness, and speed up recovery. Paid sick days also benefit businesses, as they lead to higher productivity, lower turnover rates, and reduced recruitment and training costs. Additionally, providing accessible workplaces is a human right, and paid sick leave helps to protect the health and well-being of workers, as well as mitigate risks for customers and businesses.

Employees are entitled to 2-3 weeks of vacation

In New Brunswick, employees are entitled to a minimum of two to three weeks of vacation per year. This is regulated by the New Brunswick Employment Standards Act. The amount of vacation time an employee is entitled to depends on the length of their employment.

If an employee has been with the company for less than eight years, they are entitled to the lesser of the following two options for vacation leave:

• At least one day per month worked
• At least two weeks of vacation per vacation year

If an employee has been with the company for more than eight years, they are entitled to the lesser of the following two options:

• At least 1.25 days for each month worked
• At least three weeks of vacation per vacation year

Employees are entitled to take a vacation once they have completed one year of service with the same employer. The employer must allow employees to take their vacation no later than four months after they have earned their vacation time.

In terms of vacation pay, employees who have worked for their employer for less than eight years are entitled to receive vacation pay equal to 4% of their gross wages (before deductions). Employees who have worked for their employer for eight or more years are entitled to receive vacation pay equal to 6% of their gross wages (before deductions). In both cases, employees must receive all their accumulated vacation pay at least one day before their vacation begins.

Employees must be paid for voting time

In New Brunswick, employees are entitled to paid time off to vote. They must be given three consecutive hours off work while the polling stations are open, which is between 10:00 a.m. and 8:00 p.m. on election day. If an employee's work shift begins after 10:00 a.m. but before 1:00 p.m., or ends after 5:00 p.m. but before 8:00 p.m., their employer only needs to give them enough time off to ensure they have three clear hours while the polls are open. Employees who are scheduled to work must be paid for the time they take off to vote.

The New Brunswick Labour law is regulated by the Employment Standards Act of 1982, which governs the terms and conditions of employment, including working hours, holidays, rest periods, wages, overtime, leave, and termination of employment. The Act states that employees must be given a weekly rest period of at least 24 consecutive hours, which is usually on Sundays. It also entitles employees to up to five unpaid sick days per year if they have been with the same employer for at least 90 days.

There has been a push for the introduction of mandatory paid sick leave in New Brunswick. The New Brunswick Common Front for Social Justice has recommended adding 10 job-protected and employer-paid sick days to the Act, regardless of the reason for the leave. This proposal is currently under consideration by the New Brunswick legislature.

Bereavement leave is up to 5 days

Bereavement leave in New Brunswick is up to 5 days. This leave is granted in the event of the death of a close family member, which includes spouses, children, parents, siblings, grandparents, grandchildren, and in-laws. The leave must be taken during the bereavement period, which begins on the day of the funeral.

Employees should notify their employer as soon as possible about their intended leave and the planned commencement of the leave period. The leave may be unpaid, and employees may need to meet certain criteria to qualify. For example, employees must have worked for the same employer for more than 90 days to be eligible for bereavement leave.

In addition to bereavement leave, New Brunswick also offers other types of leave, such as family responsibility leave, compassionate care leave, critical illness leave, and domestic violence leave. These types of leave may be paid or unpaid, depending on the specific circumstances and the employer's discretion.

It is important to note that the laws and policies regarding bereavement leave and other types of leave can change over time. Therefore, it is always a good idea to refer to the most up-to-date information and seek legal advice when necessary.

Bereavement leave is a crucial aspect of employee support, allowing individuals time to grieve and deal with the loss of a loved one. This leave helps employees take care of their mental health and well-being during difficult times.

Frequently asked questions