In New Brunswick, you are legally entitled to up to 17 weeks of unpaid maternity leave and 62 weeks of unpaid child-care leave. To request this, you must provide your employer with written notice at least four months before your expected delivery date, along with a medical certificate.
Taking time off work to recover from a medical issue, care for a dying relative, or welcome a new child should not cost you your career. Knowing how to request a statutory leave of absence in New Brunswick ensures your job is fully protected while you focus on life’s most critical moments. 🏥 The provincial Employment Standards Act outlines several mandatory leaves that employers must grant, regardless of whether you work at a small local shop in Fredericton or a massive manufacturing plant in Saint John.
It is important to understand that the provincial government guarantees your “job protection,” meaning your employer cannot fire you or demote you for taking the time off. However, these statutory leaves are generally unpaid by the employer. To receive income during your absence, you must coordinate your provincial leave with federal financial support programs. In this guide, we will show you exactly how to secure your time off and maintain your employment status.
Step-by-Step Process in New Brunswick
Applying for a statutory leave requires proper communication. You cannot simply stop showing up for work and assume your job will be held for you. There are strict procedural steps and documentation requirements you must fulfill to legally protect your position.
Step 1: Check Your Eligibility
Different leaves have different qualification periods. For example, any pregnant employee is instantly eligible for maternity leave upon starting a job. 📅 However, to qualify for the mandatory 5 days of unpaid sick leave in New Brunswick, you must have been continuously employed by the same company for at least 90 days. Before applying, review the specific length of service required for the type of leave you need.
Step 2: Provide Written Notice and Documentation
Employers need time to arrange coverage for your shifts. For maternity leave, you must inform your employer in writing at least four months prior to your due date, or as soon as your pregnancy is confirmed. You must also attach a certificate from a medical doctor or nurse practitioner confirming the probable delivery date. For unexpected emergency leaves, like critical illness or domestic violence leave, you must notify your employer in writing as soon as reasonably possible.
Step 3: Apply for Federal Employment Insurance (EI)
Because the New Brunswick Employment Standards Act only mandates unpaid time off, you will need to replace your lost income. 💰 As soon as you stop working, request a Record of Employment (ROE) from your employer’s payroll department. You will use this ROE to apply for maternity, parental, sickness, or caregiving benefits directly through Service Canada, which provides temporary financial assistance during your approved leave.
How Much Does it Cost in New Brunswick?
Taking a leave of absence involves a reduction in your standard income. Here is a general breakdown of how your finances are managed during a statutory leave:
| Source of Income / Cost | Details (CAD) |
|---|---|
| Employer Compensation | $0 (Unless they offer a private “Top-Up” program) |
| Federal EI Maternity/Parental Benefits | 55% of average weekly earnings (up to a set federal maximum) |
| Federal EI Sickness Benefits | 55% of average weekly earnings for up to 26 weeks |
| Medical Certificate Fee | $20 – $50 (Doctor’s offices often charge for forms) |
If your employer provides extended health benefits or a pension plan, the law requires them to allow you to continue participating while on leave, provided you continue paying your regular employee share of the monthly premiums.
How Long Does the Process Take?
Maternity leave in the province lasts for 17 weeks and can begin as early as 13 weeks before the delivery date. ⏱ Child-care (parental) leave provides an additional 62 weeks for either parent. For medical absences, standard unpaid sick leave is currently capped at 5 days per 12-month period, though as of early 2026, the provincial government has introduced legislation to expand job-protected illness recovery leave to a maximum of 27 weeks to align with federal EI limits.
Frequently Asked Questions (FAQ)
Can I be fired while on maternity leave?
No. It is illegal for an employer in New Brunswick to dismiss, suspend, or penalize you because you requested or took a statutory leave. When your leave ends, they must allow you to return to your previous job, or a highly comparable role, with no decrease in pay or benefits.
Do I still earn seniority and vacation time while away?
Yes. Under the Employment Standards Act, your seniority continues to accumulate uninterrupted while you are on an approved leave of absence. However, because vacation pay is calculated as a percentage of your actual earned wages, you will not earn monetary vacation pay during the unpaid period.
What is domestic violence leave?
New Brunswick provides specific protections for victims of intimate partner or sexual violence. Eligible employees can take up to 10 days of leave intermittently (the first 5 days are paid), plus an additional continuous period of up to 16 weeks of unpaid leave to seek safety or medical attention.
Can my employer force me to take maternity leave early?
Yes, but only under strict conditions. If your pregnancy materially interferes with your ability to safely perform your job duties, and no reasonable workplace accommodation can be made, the employer may legally require you to commence your unpaid leave of absence.
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