In New Brunswick, if you are an eligible employee and are required to work on a statutory public holiday, you are generally entitled to your regular day’s pay plus 1.5 times your regular wage for the hours worked. If your employer refuses to pay this premium, you can file a free, formal complaint with the New Brunswick Employment Standards Branch to recover your stolen wages.
Working on a holiday when your friends and family are enjoying a day off is difficult enough. It becomes incredibly frustrating when your employer refuses to compensate you fairly for that sacrifice. Whether you are pouring coffee in a busy Moncton café, stocking shelves in a Fredericton retail store, or working a shift in a Saint John manufacturing plant, you have specific legal rights regarding holiday pay.
Many employers, either through misunderstanding the law or intentional wage theft, try to pay workers straight time for holiday shifts. ⚠️ However, the New Brunswick Employment Standards Act lays out strict rules for paid public holidays. In this guide, we will explain exactly how to determine if you are owed premium pay and the step-by-step process you can take to legally force your employer to issue the paycheque you have rightfully earned.
Step-by-Step Process in New Brunswick
Before confronting your boss, it is crucial to gather your facts and understand the province’s labour laws. The Employment Standards Branch is the government agency responsible for enforcing these rules, but you must take the first steps to document the violation.
Step 1: Confirm Your Eligibility
Not every worker automatically qualifies for statutory holiday pay. 🔍 In New Brunswick, there are eight paid public holidays: New Year’s Day, Family Day, Good Friday, Canada Day, New Brunswick Day, Labour Day, Remembrance Day, and Christmas Day. To qualify for premium pay, you must have been employed by the company for at least 90 calendar days. Additionally, you must have worked your scheduled shift immediately before and immediately after the holiday, unless you had approved time off.
Step 2: Calculate What You Are Owed
If you qualify and your employer forces you to work the holiday, the law is clear. You are entitled to receive your regular day’s pay (the public holiday pay) plus time-and-a-half (1.5 times your regular wage) for every hour you actually worked that day. Alternatively, your employer can pay you your regular wage for the hours worked on the holiday, provided they give you a different day off with pay within the next 30 days. Review your pay stub carefully to see which rule they violated.
Step 3: Discuss the Issue with Your Employer
Sometimes, unpaid holiday premiums are the result of an honest payroll glitch. 🗣️ Approach your manager or HR department professionally. Provide them with a copy of your pay stub and politely point out the discrepancy. Keep a written record of this conversation, such as sending a follow-up email that says, “As discussed today regarding my missing premium pay for Canada Day…” This paper trail is vital if they refuse to correct the error.
Step 4: File a Complaint with Employment Standards
If your employer denies your request or becomes hostile, it is time to escalate. You can file a formal complaint with the New Brunswick Employment Standards Branch. You can do this online or by calling their toll-free number. You will need to provide copies of your pay stubs, your work schedule proving you worked the holiday, and any communications with your boss.
Step 5: Participate in the Investigation
Once you file the claim, a government Employment Standards Officer will be assigned to your case. 👮♂️ The Officer will contact your employer directly, review their payroll records, and interview both parties. If the Officer finds that the employer violated the Employment Standards Act, they will issue a formal order demanding the company pay you your missing wages immediately.
How Much Does it Cost in New Brunswick?
Fighting for your rightful wages should never put you into debt. 💵 The provincial government provides enforcement services designed to be accessible to all workers.
| Type of Expense | Estimated Cost (CAD) | Details |
|---|---|---|
| Employment Standards Complaint | $0 (Free) | Filing a wage recovery claim with the provincial government is completely free of charge. |
| Employment Lawyer Consultation | $150 – $350 | If you were fired for asking for your holiday pay, you may want to consult a law firm for wrongful dismissal advice. |
| Printing & Mailing Documents | $10 – $20 | Minor out-of-pocket costs for printing your schedules and pay stubs to submit as evidence. |
Keep in mind that the Employment Standards Branch can only help you recover unpaid wages. If your situation involves broader human rights violations or a complex severance dispute, hiring a lawyer is generally the better route.
How Long Does the Process Take?
Recovering stolen wages requires patience. ⏳ Once you submit your formal complaint, it typically takes 2 to 4 weeks for an Officer to be assigned to your file. Depending on how cooperative your employer is, the actual investigation and recovery of funds can take anywhere from 1 to 3 months. You have up to 12 months from the date the unpaid wages were due to file your claim with the province.
Frequently Asked Questions (FAQ)
Can my employer fire me for demanding my holiday pay?
No. Firing or punishing an employee for asking for their rightful wages or filing a complaint with the Employment Standards Branch is illegal. This is called a reprisal, and the province can order the employer to reinstate you or pay you significant compensation.
What if I work part-time? Do I still get holiday pay?
Yes, part-time workers are eligible for paid public holidays in New Brunswick, provided they meet the 90-day employment rule and worked their scheduled shifts before and after the holiday. Your regular day’s pay will simply be calculated based on your average daily earnings.
Are Easter Monday and Boxing Day paid holidays in NB?
No. Easter Monday, Victoria Day, Thanksgiving, and Boxing Day are not mandatory paid public holidays under the New Brunswick Employment Standards Act. While some employers offer them as perks, they are not legally required to pay a premium if you work those days.
What happens if the holiday falls on my regular day off?
If a statutory holiday falls on a day you do not normally work, and you meet all the qualifying rules, you are still entitled to receive a regular day’s pay for that holiday, or your employer must give you another working day off with pay.
Can I just hire a lawyer instead of using the government?
Yes, you can hire an employment lawyer to pursue unpaid wages through the civil courts (Court of King’s Bench). However, for small amounts like a single day of holiday pay, using the free Employment Standards Branch is usually the most practical and cost-effective choice.
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