In New Brunswick, eligible employees are entitled to receive their regular day’s pay for the 8 paid public holidays. If you are required to work on a statutory holiday, your employer must pay you time-and-a-half (1.5x) your regular hourly rate for all hours worked, plus your standard public holiday pay.
Navigating the rules around holiday pay in New Brunswick can be confusing for both workers and employers. Whether you work in a bustling restaurant in Moncton, a retail store in Fredericton, or a corporate office in Saint John, you deserve to be compensated fairly during provincial and national celebrations. The rules governing these days are strictly outlined in the provincial Employment Standards Act.
Many employees mistakenly assume that every single calendar holiday means they get a paid day off. 🔍 In reality, New Brunswick only recognizes specific dates as “paid public holidays.” Furthermore, you must meet certain legal criteria to qualify for the extra pay. If you believe your employer has been denying you holiday pay, understanding your legal entitlements is the first step to recovering your lost wages.
Step-by-Step Process in New Brunswick
To determine exactly what you are owed for a statutory holiday, you must follow a specific calculation process. The Employment Standards Branch handles all disputes regarding unpaid holiday wages.
Step 1: Determine Your Eligibility
Not every new employee immediately qualifies for paid holidays. In New Brunswick, you must meet two main criteria. First, you must have been employed by your current employer for at least 90 calendar days during the 12 months before the holiday. 📅 Second, you must have worked your scheduled shift immediately before and immediately after the holiday, unless you had approved time off or a valid medical reason.
Step 2: Identify the Official Public Holidays
You must know which days are legally protected. New Brunswick has exactly 8 paid public holidays: New Year’s Day, Family Day, Good Friday, Canada Day, New Brunswick Day, Labour Day, Remembrance Day, and Christmas Day. Be aware that Victoria Day, Thanksgiving Day, and Boxing Day are not statutory paid holidays in this province, though some generous employers offer them voluntarily.
Step 3: Calculate Your Standard Holiday Pay
If you meet the eligibility rules and take the day off, you are entitled to a regular day’s pay. For salaried employees, your pay cheque simply stays the same. 💵 If your hours vary (like part-time retail workers), your holiday pay is usually calculated by taking your total wages earned in the 30 days before the holiday and dividing that number by the number of days you actually worked.
Step 4: Calculate Your Pay if You Work
If your boss schedules you to work on New Brunswick Day or another official statutory holiday, you receive a premium. You must be paid 1.5 times your regular hourly wage for every hour you work on that day. In addition to this premium pay, you must still receive your standard holiday pay (calculated in Step 3), resulting in a highly profitable shift.
Step 5: File a Wage Recovery Claim
If your pay cheque arrives and the holiday pay is missing, speak to your manager or HR department first. If they refuse to comply with the law, you can file a free formal complaint with the New Brunswick Employment Standards Branch. 💼 A government officer will investigate your payroll records and order the employer to pay the outstanding wages.
How Much Does it Cost in New Brunswick?
Pursuing your rightful holiday pay through the provincial government is completely free. You do not need to hire a law firm for standard holiday pay disputes.
| Wage Type / Action | Estimated Payment Rate (CAD) |
|---|---|
| Standard Holiday Pay (Day Off) | 1 regular day’s wages |
| Working on a Holiday | 1.5x hourly rate + standard holiday pay |
| Filing an Employment Standards Claim | $0 (Free service) |
| Employer Fine for Non-Compliance | Up to several thousand dollars |
Keep in mind that if your employer offers a substitute day off with pay instead of holiday pay, this must be agreed upon and taken no later than your next annual vacation. 💰
How Long Does the Process Take?
Holiday pay must legally be included in your pay cheque for the pay period in which the holiday occurred. If the employer made a mistake, it should be corrected by the very next pay period. If you must file a formal claim with the province, the investigation and mediation process generally takes 3 to 6 months to force the employer to pay.
Frequently Asked Questions (FAQ)
Do part-time employees get holiday pay in New Brunswick?
Yes. As long as a part-time employee has been employed for 90 days and works their scheduled shifts before and after the holiday, they are legally entitled to holiday pay, pro-rated based on their average daily earnings.
What if the statutory holiday falls on my regular day off?
If a public holiday falls on your weekend or regular day off, your employer must generally either give you a regular day’s pay or provide you with an alternate working day off with pay.
Can my boss force me to work on Christmas?
Generally, yes. If your workplace is permitted to be open under the provincial Days of Rest Act (like hospitals, gas stations, or certain retail stores), your employer can schedule you to work, but they must pay you the 1.5x premium plus holiday pay.
Is Thanksgiving a paid holiday in New Brunswick?
No. Under the Employment Standards Act, Thanksgiving, Victoria Day, and Boxing Day are regular working days. Unless your employment contract specifically includes them, your employer does not have to pay you extra for working these days.
Can I be fired for refusing to work a statutory holiday?
If your industry operates on holidays and you are scheduled to work but refuse to show up without a valid medical reason, it is considered an unexcused absence. This can lead to disciplinary action, including potential termination.
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