New Brunswick Labour Laws (2025 Guide)

What’s New in 2025

Increase to minimum wage (April 1, 2025).

Overview of Labour Law in New Brunswick

Federal vs. provincial jurisdiction

While most private-sector employees are covered by provincial employment law, some industries are governed by the federal Canada Labour Code. These include:

• Banks.
• Airlines.
• TV and Radio companies.
• Extra-provincial trucking and shipping.
• First Nation activities.

This guide applies only to provincially regulated employees.

Key employment legislation

The primary legislation for provincially regulated employers in New Brunswick is the Employment Standards Act (ESA). This legislation lays down the rules regarding minimum wages, work hours, termination of employment, and leave entitlements. 

The ESA applies to full-time, part-time, casual, and temporary workers, including foreign workers, unless specified otherwise. Some workers are excluded. These include:

• Babysitters.
• Construction workers. 
• Independent contractors.
• Certain agricultural employees of small farms, except for close family members.

The Department of Post-Secondary Education, Training and Labour oversees the employee standards and ESA regulations.

Wages and Pay Rules

Minimum wage

From April 1, 2025, the minimum wage is $15.65 per hour. The minimum increases in line with inflation as measured by the Consumer Price Index of New Brunswick.

Employers must not count tips as employee wages.

Certain employees aren’t regulated by these minimum wage requirements and may instead be governed by different rules. This includes:

• Some employees working on government construction and roadwork projects.
• Residential summer camp counsellors and program staff.

Overtime pay

Employees must be paid overtime pay for any hours they work in excess of 44 hours in a week. Overtime pay in New Brunswick must be at least 1.5 times the minimum wage. 

Work done on statutory holidays doesn’t count when calculating overtime pay.

Statutory holiday pay

Most employees become entitled to paid days off on statutory holidays after 90 days of employment. Employees who qualify for statutory holiday pay must be paid a regular day’s wages.

Employees who don’t have the right to statutory holiday pay include:

• Employees hired for work on request.
• Workers in specific occupations, such as certain professionals and salespeople working on commission.
• Employees working under a contract or collective agreement that provides equal or greater statutory holiday benefits than the ESA.

New Brunswick recognises 8 paid statutory holidays:

• New Year’s Day.
• Family Day.
• Good Friday.
• Canada Day.
• New Brunswick Day.
• Labour Day.
• Remembrance Day.
• Christmas Day.

If a statutory holiday falls on a non-working day, or during an entitled employee’s vacation, employers must give employees the option of receiving statutory holiday pay or having a day off in lieu of the holiday. When employees choose the day off, they must take it before their next vacation.

Employers can substitute a holiday that falls on a working day for another working day with the employee’s consent. When this happens, the day off is deemed the public holiday.

Work on statutory holidays

For most employees, the minimum rate of pay for working on statutory holidays is 1.5 times their regular rate. 

This rate doesn’t apply to employees working under a collective agreement that provides 8 or more paid holidays, including New Brunswick Day.

Employees who are entitled to statutory holiday pay don’t forfeit it when they work on holidays. Employers must pay them statutory holiday pay in addition to the 1.5 times their regular wage rate.

Businesses that remain in continuous operation over holidays must pay employees who work on them at least 1.5 times their regular rate of pay. Alternatively, employers can pay employees at the regular rate and give them a paid day off (at their regular rate) on the next working day after the employee’s next vacation, or another day if the employee agrees.

For this rule, businesses in continuous operation are those whose usual operations continue day and night without stopping. For example, certain manufacturing plants and 24-hour security service providers.

If employment ends before a worker takes a substituted day off for a statutory holiday, employers must pay them a regular day’s wages for that day.

Pay frequency and deductions

Employers must pay employees within 8 days of the pay period ending on agreed days that are no longer than 16 days apart. They must pay all wages earned up to a period no later than 7 days before the pay day.

Employees must receive a statement that includes:

• Pay period dates.
• Gross pay.
• Details of any deductions.
• Net pay after deductions.

This may be in electronic form if it provides confidential access and the ability to produce a paper copy.

Wages can be paid in cash, cheque, or by bank deposit, credit union, trust, or any institution that’s insured under the Canada Deposit Insurance Corporation Act on the employee’s request.

Deductions

Employers can only take legal deductions from employee wages, such as taxes and insurance contributions, under federal and provincial law. However, the ESA doesn’t set out any explicit criteria for deductions—employers should contact the Employment Standards Branch before making any deduction that’s not regulated by law.

Working Hours and Rest Breaks

Standard work hours

A standard workweek is 44 hours, after which overtime pay kicks in. New Brunswick doesn’t allow compressed workweeks.

There are no statutory maximum hours per day.

The majority of employees are also entitled to a weekly rest period of at least 24 consecutive hours each week. Where possible, this should include Sunday.

Any hours employees work that run into their weekly rest period must be paid at overtime rates.

Meal and rest breaks

Workers must be given a minimum 30-minute break after working for 5 consecutive hours.

Split shifts and on-call time

New Brunswick hasn’t enacted any specific rules to regulate split shifts or compensation for being on-call or on standby.

Minimum reporting wage

When employees report for work, their employer may have to pay them, even if there is no work to perform, or they finish early.

The minimum pay for reporting to work is the greater of:

• 3 hours pay at the minimum wage or overtime pay rate, or
• Hours worked at the regular rate of pay.

Employees have the right to pay only if:

• They were scheduled to work or asked to work that day.
• Their regular pay rate is less than twice the minimum wage.
• They regularly work shifts longer than 3 consecutive hours (this includes occasional workers).

Employers aren’t required to pay “reporting” wages for split-shift workers whose total hours for the day exceed 3.

Leave Entitlements

Vacation leave

Employees typically qualify for annual vacation leave with pay after 12 consecutive months of employment. 

The minimum length of annual vacation leave and the vacation pay employees receive depend on their length of employment.

• Employees with up to 8 years of service must receive vacation pay equal to or above 4% of their gross wages. The minimum length of their paid vacation is the lesser of one day for each month worked, or 2 weeks per year.
• Employees with more than 8 years of service must receive vacation pay at a rate of 6% of gross wages for at least the lesser of 1.25 days for each month worked, or 3 weeks per year.

Employers must pay out vacation pay at least one day before the employee’s vacation leave begins.

Employers must give employees their vacation time within 4 months of earning it.

Where an employee and employer can’t agree on when to take the vacation, the employer may decide when the employee’s annual vacation begins, so long as they provide at least one week’s notice.

When employees leave employment with unused vacation time, employers must pay the outstanding vacation pay with their final wages.

Sick leave and personal emergency leave

New Brunswick law doesn’t mandate paid sick leave. Under current law, employers must allow employees to take up to 5 days’ unpaid leave per year. This is separate from and in addition to provisions in the Workers’ Compensation Act.

When employees take this leave for 4 or more days, employers may ask for a medical certificate to certify the employee’s illness or injury.

Other types of sick and carers leave

Employees may also be entitled to:

• 3 days’ unpaid Family Responsibility Leave.
• 28 weeks’ unpaid Compassionate Care Leave.
• 37 weeks’ unpaid Critically Ill Child Leave.
• 16 weeks’ unpaid Critically Ill Adult Leave.

Parental and maternity leave

Under the ESA, pregnant employees are entitled to up to 17 weeks’ unpaid, job-protected leave regardless of their length of employment.

The earliest maternity leave can begin is 13 weeks before the anticipated delivery date. Employers may require the employee to start maternity leave when they can no longer reasonably perform their work. No matter what the start date, maternity leave must cover the delivery date.

Employees must inform employers of their need for leave of absence and the expected start date, either 4 months before their delivery date, or as soon as their pregnancy is confirmed, whichever is later. Except for emergencies, employees should confirm the start date of maternity leave at least 2 weeks in advance.

Employers may request a medical certificate that confirms the pregnancy and specifies the delivery date.

On return, employees should be reinstated to their previous role or be given an equivalent position with the same pay and benefits.

New child care leave

Under New Brunswick’s ESA, natural parents of newborns, and parents adopting a child under 19 can take up to 62 weeks of unpaid, job-protected leave to care for their children.

If eligible, the earliest possible start date for this leave is the day the newborn or adopted child came into the employee’s care, and the latest possible end date is 78 weeks after that date.

Where both parents work for the same employer, the 62-week leave can be taken by one parent, or shared between them.

If an employee requests child care leave in addition to ESA maternity leave, the child care leave usually begins on the expiry of the maternity leave, but employees and employers may agree otherwise. This doesn’t apply if the child is in the hospital at the time.

The maximum duration for leave when an employee uses both maternity leave and child care leave is 78 weeks.

Bereavement leave

Employers must allow employees up to 5 days’ unpaid leave on the death of a close family member. Under the ESA, close family includes:

• Partners.
• Children.
• Parents.
• Siblings.
• Grandparents.
• Grandchildren.
• Non-blood relations considered close family.

Bereavement leave must start on the day of the funeral or memorial at the latest. If this is delayed, the employee may defer some of the leave if the employer agrees.

Domestic violence leave

Employees become entitled to paid leave after 90 days’ employment if they or their child experiences domestic violence, intimate partner violence, or sexual violence. 

Leave may be taken for the following permitted purposes:

• To get medical care for physical or psychological harm done to themselves or their child.
• To obtain victim services for themselves or their child.
• To receive psychological and other counselling for themselves or their child.
• To temporarily or permanently relocate.
• To seek assistance from or assist law enforcement and legal professionals.
• Any other purpose related to the crime.

Entitlement under provincial regulations:

Employees are entitled to payment at the daily rate of an average day’s pay for the first 5 days of leave in each calendar year.

In total, employees have the right to:

• Up to 10 days per calendar year, taken all at once or intermittently.
• Up to 16 weeks, taken in one period per calendar year.

To take this leave, employees must inform the employer as soon as possible in writing. Employees must provide the purpose for the leave, including the anticipated start date and expected length.

Jury duty and court leave

Employers must grant workers leave to take part in jury service or attend court if summoned as a witness. 

The ESA doesn’t require court leave to be paid. Where an employer provides paid leave of their own accord, they’re entitled to be reimbursed for any compensation the employee is given for their service. Employers don’t have to reimburse any compensation for food, travel, and accommodation expenses.

Refusing to allow an employee to attend court when summoned can expose the employer to the risk of being in contempt of court.

Other types of leave

Some employees may be entitled to:

• 37 weeks’ unpaid Child Death or Disappearance Leave.
• 24 months’ Reservist Leave in any 60-month period (except for national emergencies).

Types of Employment

Full-time, part-time, and casual

The New Brunswick ESA applies to covered employees who are full-time, part-time, and casual workers.

While there’s no legal definition of these types of employment in the ESA, in practice, full-time work is typically 37.5 to 40 hours per week, and part-time is less than 30 hours. Casual work is generally unpredictable or on-demand.

Temporary and seasonal work

Most temporary and seasonal workers are covered by the ESA. However, some seasonal workers are exempt from the ESA, such as agricultural workers and residential summer camp counsellors.

Independent contractors and misclassification

The protections and rights under the ESA only apply to employees, not independent contractors.

Whether someone is an employee or an independent contractor depends on the nature of the employer-worker relationship.

When determining an individual’s employment status, courts consider whether the worker:

• Works exclusively for the employer.
• Uses their own equipment.
• Has the ability to hire helpers or subcontractors.
• Has a chance of profit and a risk of loss.

Misclassification can result in employers being liable for any unpaid wages and benefits a misclassified employee is eligible for, contributions to EI, and penalties.

Termination and Final Pay

Notice requirements

In general, employers must give employees written notice of termination unless they have just cause for dismissal, or the employee is covered by a collective agreement.

Minimum notice periods:

• Less than 6 months: No notice is required.
• 6 months to 5 years of employment: 2 weeks.
• More than 5 years: 4 weeks.

Employers may choose to give pay in lieu of notice equal to what they would have earned had they worked a notice period. 

If an employer fails to provide notice, they must pay the employee in lieu of notice, unless one of the following exemptions applies:

• The employee completed a fixed term of employment.
• The employee was hired for an assignment for no more than 12 months.
• The employee retires under a bona fide retirement plan.
• The employee is a construction worker in the construction industry.
• The termination is due to usual seasonal reduction.

When there is cause for dismissal, the employer must inform the employee of the reasons for it in writing.

Employees aren’t required to give notice when quitting.

Mass layoffs

When 10+ employees, representing at least 25% of the workforce at a single location, are terminated or laid off within a 4-week period, the employer must give at least 6 weeks’ written notice to:

• The affected employees.
• The employees’ bargaining agent (if covered by a collective agreement).
• The Minister of Post-Secondary Education, Training and Labour.

If a collective bargaining agreement exceeds a 4-week notice, employers should follow the notice requirements in the collective bargaining agreement.

Employers must post a copy of the notice so it’s available for all employees, whether following ESA or agreement regulations.

These rules don’t need to be followed if:

• Employees completed an assignment they were hired to work on within 12 months.
• Employees retire under a bona fide plan.
• Employees are construction workers in the construction industry.
• Employment ends because of normal seasonal reduction.
• Other circumstances set by regulation.

Employers may lay off employees without notice if there is a lack of work due to unforeseen circumstances, or for any reason, provided the layoffs last no longer than 6 days.

Severance pay

Severance pay is governed by common law in New Brunswick, not by the ESA. Employers should seek legal advice to determine their obligations regarding severance pay.

Final pay

When employment ends, employers should pay all outstanding pay no later than the employee’s next regular payday. Employers must not delay payment longer than 21 days after an employee’s last day of employment.

Workplace Health and Safety

The key workplace health and safety legislation for employers in New Brunswick includes:

• Workers’ Compensation Act (WCA).
• Occupational Health and Safety Act (OHS Act).

These acts are enforced by WorkSafeNB.

Employer duties

Under the OHS Act, all employers of 20 or more employees must:

• Establish a Joint Health and Safety Committee (JHSC) consisting of equal employee and employer representation.
• Create a written safety policy that sets out employer, supervisor, and employee responsibilities.
• Keep the safety policy at the workplace.
• Establish and implement a health and safety program that includes training, hazard identification, and other provisions.
• Review the health and safety program annually and update it when required.

Employers with 5-19 employees must establish a written safety policy setting out employer, supervisor, and employee responsibilities. WorkSafeNB may require employers with fewer than 5 employees to establish a policy.

The policy may include a provision for a health and safety representative, and in certain circumstances, WorkSafeNB may require one. 

All employers in New Brunswick must:

• Take all reasonable precautions to ensure employee safety.
• Ensure new hires receive orientation and training specific to their position.
• Keep records of orientation and training for at least 3 years.
• Ensure the safety of work tools, machinery, and other equipment.
• Inspect the workplace at least monthly to identify any health and safety risks.
• Ensure workers are aware of any hazards related to their jobs.

• Supply, maintain, and ensure the use of necessary protective equipment.
• Post required WorkSafeNB notices.
• Cooperate with WorkSafeNB officers during inspections or investigations.

Under the Workers’ Compensation Act, employers must:

• Register with WorkSafeNB and maintain an active account.
• Pay the required premiums that fund the workers’ compensation system.
• Maintain accurate payroll and employee records to ensure correct premium calculation.
• Report workplace injuries, illnesses, and incidents to WorkSafeNB within set timeframes.
• Cooperate with return-to-work and workplace accommodation programs for injured workers.
• Not retaliate against workers for reporting workplace injuries or claiming workers’ compensation.

Employers are legally required to report certain incidents to WorkSafeNB within set timeframes:

• Workplace injuries and work-related illnesses that require medical treatment: Within 3 days.
• Serious injuries and deaths: Within 72 hours.
• Hazardous occurrences such as chemical spills: Immediately.

Worker rights and duties

The OHS Act and WCA give employees in New Brunswick several rights and duties.

Employees have the right to:

• Refuse work they reasonably believe is likely to endanger their own or another employee’s health and safety.
• Be protected from retaliation for raising health and safety concerns.
• Participate in health and safety training.
• Be made aware of workplace hazards.
• A smoke-free workplace (under the Smoke-Free Places Act).
• Claim workers’ compensation benefits for work-related injuries and illnesses.

Employees have a duty to: 

• Comply with the OHS Act and its regulations.
• Work and conduct themselves in a safe manner.
• Not put themselves or others at risk.
• Wear required protective equipment.
• Immediately report any situation that could endanger employees’ health or safety to their supervisor.
• Take action when they find an employee’s health and safety report is likely to endanger employees (applies to supervisors).
• Cooperate with WorkSafeNB health and safety officers.

In some cases, employees can be prosecuted and fined for failure to comply with health and safety duties.

Reporting requirements

Employers have a number of reporting requirements under various legislation.

Obligations under the Occupational Health and Safety Act

Employers must immediately notify WorkSafeNB by calling 1 800 999-9775 of the following incidents:

• Workplace deaths.
• Critical injuries such as loss of limbs, serious burns, and visual impairment.
• Inpatient hospital admissions from workplace incidents.
• A worker’s loss of consciousness from a workplace incident.
• Accidents and incidents with the potential to cause serious harm, such as explosions and hazardous chemical exposure, even if no one was harmed.
• “Catastrophic” events and equipment failure.

Employers must report any workplace injury or occupational illness that “results in medical costs, wage loss, or prevents an injured worker from performing their regular duties beyond the accident date.”

Employers in certain industries, such as mining and forestry, have additional industry-specific obligations under the OHS Act and its regulations.

ESA reporting requirements

Employers must register any foreign employees with the Director of Employment Standards and report any changes regarding their employment, such as termination.

Additional reporting requirements

New Brunswick laws require employers to immediately report spills and releases of contaminants that could harm the environment. 

Recordkeeping Requirements

Required records

The ESA requires employers to keep various records for 36 months after an employee has performed work.

Records must be kept available for examination by the Labour and Employment Board, the Director of Employment Standards, or an Employment Standards Officer upon request.

Employers must maintain records of the following:

• Employee name, address, date of birth, and social insurance number.
• Employment start date.
• Work hours.
• Wage rate. 
• Gross earnings and deductions.
• Vacation time and pay.
• Statutory holiday pay.
• Leave taken, reasons, and supporting documentation.
• Termination and layoff dates.

Failure to keep these records is a punishable, category C offence under the Provincial Offences Procedure Act.

If an employer doesn’t have records of an employee, the Labour and Employment Board or the Director may accept an employee’s evidence of their employment. If the employer disagrees, it is for them to prove the employee’s account is wrong.

Workplace Rights and Protections

Human rights and anti-discrimination

While the ESA has provisions for equal pay, most anti-discrimination protections are set out in New Brunswick’s Human Rights Act (HRA).

The HRA makes discrimination based on the following unlawful:

• Race, colour, national origin, ancestry, place of origin.
• Creed or religion.
• Age.
• Physical or mental disability.
• Marital status, family status.
• Sex.
• Sexual orientation, gender identity, and gender expression.
• Pregnancy.
• Social condition.
• Political belief or activity.

The New Brunswick Human Rights Commission may determine that a denial, exclusion, or other decision based on a protected characteristic is not a discriminatory practice if a bona fide requirement or qualification justifies it.

Employees who experience workplace discrimination should file a complaint with the New Brunswick Human Rights Commission within 1 year of the last violation or last alleged instance of violation.

The Commission will review the complaint to determine if it has merit. Both employers and employees must comply with the Commission’s inquiry. If not, a judge of the Court of King’s Bench of New Brunswick can issue an order directing the person to comply.

If the Commission is unable to settle the complaint, it may refer it to the Labour and Employment Board. The Board will look at evidence from all parties and decide whether the HRA has been violated. If there has been an HRA violation, the Board may order the violating party:

• To stop the discriminatory behaviour.
• To reinstate an employee to their position.
• To compensate the adversely affected party for economic loss.
• To compensate the adversely affected party for emotional suffering.

In some cases, individuals or organisations may be prosecuted and fined for HRA violations.

Harassment and violence policies

Employers have a responsibility under the OHS Act and its regulations to take proactive measures to eliminate workplace harassment. Harassment is any behaviour that’s objectionable, offensive, or known to be unwelcome. 

All provincial employers must create a harassment code of practice, which includes:

• The name of the person responsible for implementing the code.
• The training required.
• A statement that employees are entitled to work without harassment.
• A statement requiring employees to report harassment to their employer as soon as possible.
• A procedure for dealing with incidents of harassment.
• Details of how affected employees will be informed of the results of investigations.
• A procedure for implementing corrective actions.
• How follow-ups are carried out with affected employees.

Employers are also responsible for:

• Ensuring all employees receive training on the code.
• Maintaining records of training related to the code.
• Ensuring people follow it.
• Reviewing and updating the code at least once a year, and following a change to workplace conditions, or on a WorkSafeNB health and safety officer’s request.

Employers also have a duty to conduct a risk assessment for violence in the workplace in consultation with the Joint Health and Safety Committee (JHSC), a health and safety representative, or employees (if no JHSC or representative is available).

When conducting the risk of violence, employers must consider:

• The location of the workplace.
• The circumstances under which work is performed.
• Risks that may come from the work.
• Which employees may be at risk.
• Possible effects of workplace violence on employees.
• Previous incidents of violence in the workplace.
• Incidents of violence in similar workplaces.

Employers must develop a code of practice for violence when the following applies:

• A risk of violence assessment identifies a risk of violence.
• Work is undertaken by specific occupations, including health professionals, social and outreach workers, teachers, veterinarians, and workers in licensed premises.
• If employers regularly employ 20+ workers in one or more places.

Codes of practice must include training requirements, emergency protocols, processes for investigating and documenting incidents of violence, and other mandated measures. 

Employers must create the code with a JHSC committee or health and safety representative, or when not available, their employees. It must be reviewed and updated annually and made easily accessible to employees at all times.

Rights of vulnerable workers

The ESA has specific provisions for vulnerable workers.

Youth employment

The standard age of employment in New Brunswick is 16. 

Under 16s are prohibited from employment likely to harm their “health, welfare, or moral or physical development.”

Under 14s are prohibited from employment in:

• Industrial industries.
• Forestry.
• Construction.
• Automotive service stations.
• Hotels and restaurants.
• Theatres and dance halls.

Employers of any worker under 16 must adhere to strict work hour regulations:

• Maximum 3 hours on school days.
• Maximum 6 hours on non-school days.
• When combined, school attendance and work hours must not exceed 8 hours on any day.
• Work hours are only permitted from 6 am to 10 pm.

Employers can apply for a permit that allows the employment of a child despite the above regulations, provided that the work:

• Is with the consent of the child’s parents.
• Isn’t harmful to their health, morals, or development.
• Doesn’t violate the OHS Act.
• Won’t negatively affect the child’s schooling.

Foreign workers

The ESA requires employers who hire foreign workers to register with the Director of Employment Standards. A foreign worker is anyone who is not a Canadian citizen or permanent resident. When registering, employers must provide:

• Employer information: Legal name, principal business activity (NAICS code), registration location, address, contact information, primary contact person, and an alternate contact person.
• Position information: National Occupational Classification (NOC), location, union status, educational and language requirements, wage, leave, benefits, work hours, and duration of employment.
• Foreign worker information: The immigration or foreign worker program being used, recruiter details, number of foreign employees, countries of origin, whether workers are already in Canada, whether the employer pays worker travel costs or provides accommodation, history of hiring foreign workers, attempts to recruit Canadians, and other details.

Registration is valid for one year from the submission date and must be updated for the continuation of foreign employment.

Key prohibitions regarding foreign workers include:

• Employers must not require foreign workers to use an immigration consultant as a condition of employment.
• Employers must not recover recruitment costs from foreign workers.
• Employers must not keep foreign workers’ passports or work permits.
• Employers must not threaten foreign employees with deportation.

Persons with disabilities

Discrimination based on physical and mental disabilities is protected under the Human Rights Act. 

Employers have a duty to accommodate employees with disabilities. This includes measures such as making workspaces physically accessible, purchasing adaptive technology, and modifying job duties. Employers don’t have to provide accommodations that will cause them to suffer undue hardship.

Government Resources and Support

The following resources provide up-to-date information and guidance for employers and employees in New Brunswick.

Provincial resources

• Department of Post-Secondary Education, Training and Labour – Oversees the ESA and employment standards, and handles complaints.
• WorkSafeNB – Enforces workplace health and safety laws, administers workers’ compensation, and return-to-work programs.
• New Brunswick Human Rights Commission –  Provides Human Rights information, promotes equality, and investigates discrimination.

Federal resources

Federal resources include:

• Canada Revenue Agency – Payroll Deductions.
• Service Canada – EI Maternity and Parental Benefits.
• Canadian Centre – Occupational Health and Safety.

Disclaimer

The information in this guide is intended for general informational purposes only and does not constitute legal advice. Employment laws change frequently, and outcomes may vary depending on your specific circumstances. For guidance, consult the appropriate provincial labour authority or a qualified employment lawyer.