Newfoundland and Labrador Labour Laws (2025 Guide)

What’s New in 2025

Minimum wage increase (April 1, 2025)

Overview of Employment Law in Newfoundland and Labrador

Federal vs. provincial jurisdiction

Most employers and employees in Newfoundland and Labrador (NL) are covered by the Labour Standards Act (LSA), except those in federally regulated industries. Federally regulated workplaces include:

• Airlines and air transportation.
• Banks.
• Port services.
• Telecommunications and broadcasting.
• Interprovincial and international railways and road transportation services.
• Postal and courier services.
• Most federal Crown corporations.
• Atomic energy and uranium mining.

This guide applies only to provincially regulated employees.

Key employment legislation

The LSA and Labour Standards Regulations (the Regulations) are the key provincial employment legislation in NL. These set the conditions and minimum standards for employment and are administered by the NL Labour Standards Division. 

The LSA applies to most employees in NL, including part-time workers. Under it, employers must give all employees a written statement outlining the terms and conditions of their employment. Employers must also ensure the LSA and Regulations are displayed in the workplace in a location that’s easily visible to employees.

The Labour Standards Division provides official information and services to ensure these standards are met across the province. Staff from the Labour Standards Division have the authority to visit workplaces and investigate employers that don’t comply with the LSA’s provisions.

Wages and Pay Rules

Minimum wage

From April 1, 2025, the minimum wage in NL is $16 per hour. This applies to hourly paid employees, employees on fixed salaries, and those paid wholly or partly on commission.

This increases annually on April 1 based on Canada’s Consumer Price Index (CPI) and rounded up to the nearest $0.05. If this calculation results in a reduction, the minimum wage remains at the previous rate.

Any tips given to workers belong to them. 

Where businesses charge a service charge, this is considered a tip and should be paid to the appropriate employee. If the service charge is itemised on a credit or debit card bill, employers may make statutory deductions (Employment Insurance, income tax) from it.

Overtime pay

Minimum pay for overtime is 1.5x the minimum wage, rounded to the nearest $0.01 ($24 per hour). Being based on the minimum wage, the minimum overtime pay also increases annually on April 1.

Employers of the following employees aren’t required to pay overtime pay under the LSA:

• Live-in housekeepers and babysitters who get time off with pay for any hours they work above 40.
• Employees who raise livestock.
• Workers who plant, cultivate, and harvest farm produce (excluding fruit, vegetables, and greenhouse/nursery workers).

Pay frequency and deductions

The LSA requires employers to pay employees twice a month or more frequently. Employees must receive their pay within 7 days of the pay period ending, along with a pay statement that includes:

• The pay period start and end dates.
• Hours worked.
• Pay, including any overtime and statutory holiday pay.
• Details of any wage deductions.
• Net pay.

Employers can pay wages by:

• Cash (lawful Canadian currency).
• Cheque.
• Money order.
• Direct deposit.

Wage deductions

All deductions from wages must be permitted by the Parliament of Canada or provincial law. This includes:

• Federal deductions for tax, Canadian Pension Plan (CPP) contributions, and Employment Insurance (EI) contributions.
• Court-ordered deductions, such as family support orders.
• Deductions to recuperate overpayments of wages and unused portions of travel advances.
• Employee-agreed deductions, like deductions for a group benefit or savings plan, and rental charges.

All wage deductions must be detailed in employees’ pay statements.

Working Hours and Rest Breaks

Standard work hours

Under NL’s labour regulations, standard working hours are 40 hours a week, with a week being defined as any 7 consecutive days. Any hours an LSA-governed employee works above this are considered overtime and should be paid following overtime rules (above).

Most employers must give each employee a day of rest of at least 24 hours within each week, unless one of the following situations applies:

• The employee is working under a collective agreement.
• Employees in remote areas who give written notification to their employer of wanting an exemption from the day of rest requirement.
• The employee is a ferry crew member.

Meal and rest breaks

Employers must usually give employees an unpaid break lasting at least 1 hour after 5 hours of continuous work. The exceptions are:

• Employees covered by a collective agreement or written contract that contains different provisions (employers must abide by the agreed-upon terms regarding periods of rest).
• Employees who work alone in environments where it’s impractical for them to take this rest.
• Ferry crew members.

Minimum pay requirements

If an employee reports to work, or their employer calls them in to work, and performs less than 3 hours’ work, they must either:

• Allow the employee to work for at least 3 consecutive hours.
• Pay the employee at least the minimum wage for the unworked time to make up 3 hours. For example, an employee who works 2 hours must be paid 2 hours at their regular rate + 1 hour at the minimum wage.

Split shifts and on-call time

NL employment law doesn’t have specific rules regarding split shifts and on-call time. 

Employers may schedule split shifts as long as they comply with standard work hours, breaks, and overtime pay rules.

In general, on-call employees must only be paid for time spent working and the minimum pay requirements when called in to work.

Leave Entitlements

Vacation leave

In NL, employees start to accrue vacation pay after 5 days of employment. It accrues at a rate of 4% of gross income until the employee’s 15th year of employment, when it increases to 6%.

Once employees have been employed for 12 months, they become entitled to 2 weeks’ annual vacation. This is on the condition that they work at least 90% of available work hours.

After 15 years of continuous employment with the same employer, this rises to 3 weeks.

Employees can take their vacation altogether in one unbroken period of 2 or 3 weeks, or take it in multiple periods of at least one week. 

Employers must allow employees to use their vacation time within 10 months of qualifying for it. Employers may choose when employees take vacation, but when they do so, they must give them at least 2 weeks’ notice. If an employer cancels a vacation that’s been previously agreed to in writing, they must compensate the employee for any reasonable expenses lost due to the cancellation of the vacation.

Employers should pay out employees’ vacation pay the day before they start their vacation time. However, employers may pay out vacation pay in their payroll if they notify employees of this and clearly indicate it in the payroll records.

Sick leave and family responsibility leave

After 30 days of employment, employees in NL get 7 days’ unpaid sick or family responsibility leave per year.

Employees don’t have to provide sick notes for this time. However, employees must give their employer a written statement to support their need for any family responsibility leave of 3 or more days. 

Employers have a duty to keep any information regarding employees’ sick and family responsibility leave confidential. This information can only be disclosed with employees’ consent or when required by Labour Standards law.

Employees may also take up to 27 days’ unpaid long-term illness leave. This can be taken to undergo organ donation. If an employee is unable to work because of injuries sustained from a criminal offence, they’re entitled to up to 104 weeks’ leave.

Pregnancy, adoption, and parental leave

Pregnant employees can take 17 weeks’ unpaid pregnancy leave, provided they meet all of the following:

• Be employed for at least 20 consecutive weeks.
• Give their employer at least 2 weeks’ written notice of needing leave.
• Provide a medical certificate stating their expected due date.

Pregnancy leave must not start any earlier than 17 weeks before the expected birth date. If an employee experiences a miscarriage or stillbirth, they can take 17 weeks’ leave following the loss.

The time employees spend on pregnancy leave doesn’t count towards accumulated time for vacation, other benefits, or notice of termination under the LSA.

Adoptive parents are also entitled to 17 weeks’ leave after 20 consecutive weeks of employment and should give 2 weeks’ written notice. Where this isn’t possible, notice should be given within 2 weeks of the employee going on adoption leave.

All parents are entitled to up to 61 weeks’ unpaid parental leave after 20 weeks’ employment. 

Employees should give 2 weeks’ written notice of their intention to take parental leave, or within 2 weeks of a child coming into their care sooner than expected.

Parental leave starts after the respective child is born or adopted and must be taken up to 96 weeks after this date. When a birth mother takes parental leave, it must immediately follow their pregnancy leave. 

Details regarding these types of leave must be kept confidential and only shared with employees’ consent and as required under the LSA.

Upon returning to work from pregnancy, adoption, or parental leave, the employee should be reinstated to their previous position or be given a position with similar duties, pay, and benefits. If an employee chooses not to take pregnancy leave or wants to return to work early from any of these leaves, they must give 4 weeks’ written notice. 

Employees who are pregnant, parents of newborns, or parents of newly adopted children may also qualify for federal EI maternity and parental benefits.

Bereavement leave

The LSA entitles all employees to bereavement leave following the death of an immediate family member, regardless of the duration of their employment or working hours. The duration of bereavement leave is based on length of service:

• Employees who’ve been employed less than 30 days: 2 days of unpaid leave.
• Employees with 30 or more days of employment: 1 day of paid leave and 2 days of unpaid leave.

For the purposes of this leave, immediate family member means an employee’s:

• Spouse.
• Child.
• Grandchild.
• Mother or father.
• Brother or sister.
• Grandparent.
• Close in-law (mother, father, sister, brother, son, or daughter).

Pay for eligible employees is the amount of their average day’s pay over the previous 3 weeks. If the immediate family member dies during the employee’s annual vacation, the employee can take an extra day of vacation.

Compassionate care leave

Eligible employees in Newfoundland and Labrador are entitled to up to 28 weeks of compassionate care leave within each 52-week period to support and care for a family member who has a significant risk of death. Compassionate care leave can be taken all at once or in multiple periods of at least 1 week.

To qualify, an employee must:

• Be employed with the same employer for at least 30 days.
• Give their employer 2 weeks’ written notice, or as early as reasonably possible, indicating the expected start and length of the leave.
• Provide a medical certificate that states the family member has a serious medical condition and is likely to die within 26 weeks of the certificate’s date.

The LSA gives “family member” a wide meaning:

• Partner: Spouse or cohabiting partner.
• Children: Includes children, stepchildren, spouse’s or partner’s children, and current or former wards.
• Parents: Including step-parents, current or former guardians, and their spouse or cohabiting partner.
• Siblings: Including step-siblings.
• Grandparents and step-grandparents.
• Grandchildren: Plus their spouse or cohabiting partner.
• In-laws: Mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, and daughter-in-law (including cohabiting equivalents).
• Extended family: Aunts, uncles, nephews, nieces, and their spouses or cohabiting partners.
• Non-relatives: Individuals who are considered to be like a close relative.

Following compassionate care leave, employers must reinstate employees to their previous role. Where this isn’t possible, employers must offer them a different position with similar duties, pay, and benefits.

Employers must keep details of this leave confidential, only sharing it as required under the LSA or with the employee’s consent.

Jury duty and civic leave

Employers in Newfoundland and Labrador are required to give employees paid time off to serve jury duty. Payment must equal their regular pay and benefits.

It’s unlawful for employers to prevent employees from attending jury duty or discriminate against them for doing so. However, an employee can defer their jury duty in some situations. To do this, they must apply to the court, giving their reasons (e.g., it would cause serious hardship) and supporting evidence.

Other types of leave

• Up to 37 weeks’ unpaid critical illness leave to support a family member or a person like a close relative who’s under 18 years old (after 30 days’ employment).
• Up to 17 weeks’ unpaid critical illness leave to care for an adult family member or person like a close relative (after 30 days’ employment).
• Up to 104 weeks’ crime-related child death leave (for parents with 30+ days’ employment).
• Up to 56 weeks’ crime-related child disappearance leave (for parents with 30+ days’ employment).
• Up to 24 months’ reservist leave in a 60-month period for employees who are members of the reserves (after 3 consecutive months’ employment).
• 3 days’ paid and 7 days’ unpaid family violence leave.
• Unpaid communicable disease leave for a diagnosed employee, or to enable the employee to care for a diagnosed family member.

Public Holidays

Recognised holidays

In Newfoundland and Labrador, 6 public holidays are paid statutory holidays:

• New Year’s Day.
• Good Friday.
• Memorial Day (Canada Day).
• Labour Day.
• Remembrance Day.
• Christmas Day.

Rules for pay and substitution

Under the LSA, employers must give employees a day off on these recognised holidays and pay eligible employees an average day’s pay. Rates of pay are based on employees’ average earnings over the 3 weeks before the holiday.

Employees become eligible to statutory holiday pay when they meet the following requirements:

• Employed for at least 30 calendar days before the holiday.
• Worked their last scheduled shift before the holiday.
• Worked their next scheduled shift after the holiday.

If a paid statutory holiday falls on a day an employee would have off regardless of it being a public holiday, they’re entitled to a substitute day off with pay. This can be either the next working day or a different agreed-upon day.

If an employee works their regular hours on a paid statutory holiday, they’re entitled to one of the following:

• Double their regular wages.
• An extra day off with pay (to be taken within 30 days of the statutory holiday).
• Adding an extra day to their annual vacation.

Employees who work on a paid statutory holiday but work fewer hours than usual are entitled to their regular pay for the hours they work in addition to a regular day’s pay.

Where an employee’s work involves services that are in the public interest, or continuously running operations, employers may be able to require them to work on paid statutory holidays. These employees are entitled to twice their regular pay, or a substitute day’s holiday with pay.

Shops’ Closing Act

Under the provincial Shops’ Closing Act (SCA), most shops in NL must close on public holidays. 

In addition to the 6 paid statutory holidays recognised under the LSA, the following days are considered holidays under the SCA:

• Easter Sunday.
• Thanksgiving Day.
• Boxing Day.
• Victoria Day.

Shops can apply for a permit to open on these holidays. In general, permits are reserved for shops that serve necessities, such as gas stations, pharmacies, and convenience stores.

Employers who open without a permit can be fined 1.5 times the amount of the shop’s takings on the day it was open in contravention of the SCA. Where establishing these takings isn’t possible, the fine is twice the average day’s receipts for that month.

Types of Employment

Full-time, part-time, and casual

The LSA doesn’t specify the number of hours that define different types of employment. However, the Regulations specify a standard working week of 40 hours. 

This implies that fewer than 40 hours is considered part-time. However, the minimum standards of employment under the LSA apply to employees regardless of how many hours they work. This includes temporary and seasonal workers. 

However, some types of employees may not meet the requirements for some LSA entitlements due to:

• Minimum continuous employment requirements.
• Working under contract with a set end date.

Independent contractors and misclassification

The provincial LSA doesn’t apply to independent contractors, which means misclassifying an employee as an independent contractor deprives them of its legal protections. Correct classification is also crucial for federally regulated obligations, like EI premiums and income tax.

When determining whether someone is an employee or independent contractor, NL considers similar factors as those laid out by the Canada Revenue Agency (CRA):

• The amount of control the employer has over the workers’ work.
• Whether the employer or the worker owns the work tools and equipment.
• Who bears financial risk and has the opportunity to profit.
• Whether the worker can subcontract work or hire assistants.

Misclassification can have serious consequences for employers and may include fines, repayment of benefits, and federal contributions.

Termination and Final Pay

Notice requirements

Employers must give the following notice when terminating employment or temporarily laying off workers:

• <3 months’ employment: None.
• 3 months to <2 years’ employment: 1 week.
• 2 years to <5 years’ employment: 2 weeks.
• 5 years to <10 years’ employment: 3 weeks.
• 10 years to <15 years’ employment: 4 weeks.
• 15+ years’ employment: 6 weeks.

These notification requirements also apply to employees working under collective agreements and written contracts of service that don’t contain any notice provisions or have different notification periods for employers and employees. However, it doesn’t apply to some employees in the construction industry.

Employers are not required to give notice if the employee:

• Has been employed for less than 3 months.
• Will be laid off for less than a week.
• Was employed for a limited term or to complete specific work within 12 months (unless employment is terminated earlier or before the completion of work).
• Commits misconduct.
• Willfully refuses to follow the employer’s lawful instruction.
• Is neglectful to the extent that such neglect adversely affects the employer’s interest.
• Breached a material condition of the contract of service that the Director of Labour Standards determines notice isn’t needed.

Employers don’t have to provide notice if the reason for the termination is due to an unforeseen economic or climatic event that’s beyond the employer’s foreseeable control. This can include major machinery and equipment failure.

Where notification is required, employers may choose to give pay in lieu of notice. In this case, pay must equal what the employee would have earned, including any overtime, if they worked the required notice period.

Group termination

If an employer terminates 50 or more employees within 4 weeks, they must notify the affected workers in writing within the following timeframes:

• 50-199 terminations: 8 weeks.
• 200-499 terminations: 12 weeks.
• 500+ terminations: 16 weeks.

Immediately after notifying employees, employers must inform the Minister of Labour in writing, and include:

• The number of terminations.
• The period of notice given.
• The reason for the group termination.

If an employer fails to notify the Minister, the group termination can’t go ahead.

Severance pay

Employers in NL only have to issue severance pay when an employee is working under a contract or collective agreement that mandates it. Severance pay isn’t required under NL labour standards laws.

Final pay deadlines

When an employer terminates an employee’s employment, they must pay all wages owed to them within 7 days. This includes any pay in lieu of notice, vacation pay, and tips. 

Notice from employees

Employees in NL must give the same length of notice to their employer when they quit, unless:

• The employee has been employed for less than 3 months.
• The employer mistreated the employee or acted in a way that endangered their health or well-being.
• The employer breached a condition in the contract that the Director of Labour Standards determines notice isn’t needed.

Employers may withhold employee wages in lieu of notice if an employee quits without giving the required written notice, and the employee agrees to this withholding for the deduction to be lawful.

Workplace Health and Safety

Employer duties

The NL Occupational Health and Safety Act (OHS Act) and its related Regulations establish the minimum conditions workplaces must meet to ensure the safety and well-being of employees. 

The Occupational Health and Safety Division (OHS) is responsible for enforcing this legislation. Its work includes:

• Conducting workplace compliance inspections.
• Providing resources for employers and workers.
• Issuing penalties for health and safety violations.
• Ensuring employers properly handle workplace health and safety concerns and complaints.
• Investigating serious workplace injuries.

Employers have a duty to:

• Provide and maintain safe workplaces.
• Provide training to teach safe work practices.
• Inform workers of any health and safety risks.
• Ensure the use of protective clothing and equipment.
• Investigate health and safety concerns.
• Consult and cooperate with any health and safety committee, worker health and safety representative, or workplace health and safety designate.
• Cooperate with anyone exercising duties under the Act or Regulations.

Worker duties

Workers have a duty to report workplace conditions and practices that may endanger workers to their supervisor. If their reported concerns aren’t resolved, workers should report them to the OHS Division.

Other worker health and safety responsibilities include: 

• Working in a safe manner, following established procedures to protect themselves and their colleagues.
• Using protective equipment.
• Cooperating with anyone carrying out responsibilities under the OHS Act and Regulations.

Worker rights

The OHS Act gives workers the right to:

• Refuse to work in unsafe conditions.
• Not be disciplined, dismissed, or penalised for exercising their rights under the OHS Act and Regulations.
• File a complaint with the OHS Division if their employer denies them these rights.

Workers who are injured in the workplace or become ill because of their work may be entitled to benefits. These are administered by the province’s workplace compensation board, WorkplaceNL. Employees must submit a Worker’s Report of Injury (Form 6) to start a claim.

Reporting requirements

Employers must register with WorkplaceNL and pay contributions, which help fund the province’s no-fault workplace injury insurance system.

Under the Workplace Health, Safety and Compensation Act, employers must:

• Submit an Employer’s Report of Injury (Form 7) to WorkplaceNL to report any serious injury or death in the workplace within 3 days and 5 days, respectively.
• Create Early and Safe Return to Work (ESRTW) plans to help injured and ill workers return to work.
• Cooperate in ESRTW programs.

Recordkeeping Requirements

Required records

The LSA requires employers to keep accurate employee records for 4 years from the date of each employee’s last record. In most cases, these are records concerning the end of employment. Employee records must contain:

• Names, addresses, and birth dates.
• Rates of pay.
• Hours worked each day and days of rest.
• Wage deductions.
• Dates of hire, lay-offs, and termination of employment.
• Annual vacation and vacation pay.
• Written parental and guardian consent to the employment of any worker under 16 years.

Employers can be fined $50-$500 and imprisoned for up to a month for failing to provide these records within 7 days of their request (10 days if the request was mailed to the employer).

Workplace Rights and Protections

Human rights and anti-discrimination

The Newfoundland and Labrador Human Rights Commission (HRC) administers the provincial Human Rights Act (HRA). This law makes it unlawful to discriminate based on the following protected characteristics:

• Race, colour, nationality, or ethnic origin.
• Social origin.
• Religious creed and religion.
• Age.
• Disability or disfigurement.
• Sex and sexual orientation.
• Gender identity and expression.
• Marital and family status.
• Source of income.
• Political opinion.

This includes discrimination within the workplace and during the hiring process.

To start a complaint, workers who experience discrimination based on a protected characteristic can fill out and submit an Inquiry Form to the HRC within 12 months of the unfair treatment.

Harassment and violence policies

The OHS Act and Regulations make it mandatory for employers to take steps to eliminate harassment in the workplace. 

Workplace harassment can include verbal and physical actions. Harassment is based on whether the behaviour makes the individual feel intimidated, humiliated, or offended, and whether the person responsible knows or should reasonably know that the behaviour is unwelcome.

Under NL legislation, employers must create, implement, and maintain a Harassment Prevention Plan. These plans must meet a number of requirements, including:

• Being developed in consultation with the OHS committee, worker health and safety representative, or workplace health and safety designate.
• Include set statements prescribed by OHS Regulations.
• State the employer’s obligations to act on harassment complaints.
• Outline complaint and reporting procedures for workers.

WorkplaceNL provides employer guidelines for developing a Harassment Prevention Plan, which includes a sample plan that employers can adapt.

Workers must report workplace harassment as soon as possible to their supervisor or employer. If the supervisor or employer is the person causing the harassment, doesn’t properly investigate a claim, or it’s impractical to report to them for any other reason, employees can report harassment directly to the OHS Division using the Harassment Complaint Form.

Rights of vulnerable workers

Child workers

In most cases, the minimum age for employment is 16 in Newfoundland and Labrador.

Employers may hire people younger than 16, provided they abide by the following:

• Obtain written consent from their legal parent or guardian.
• Only hire minors for work that isn’t hazardous, unwholesome, or harmful to their health or development.
• Refrain from hiring them while current employees are on a strike or a lockout.
• Only schedule them to work within the permitted hours.

Employers of under-16s must ensure all work they do abides by the LSA’s work hour regulations:

• Maximum 3 hours on school days.
• Maximum 8 hours on non-school days.
• Work is only permitted between 7 am and 10 pm on any day.
• When combined, school hours and work hours don’t exceed 8 hours on any day.

Foreign and migrant workers

NL’s labour legislation offers foreign and migrant workers the same protections as Canadian workers. Foreign and migrant workers also have the right to file discrimination and harassment complaints, for example, discrimination or harassment based on nationality, with the Human Rights Commission and the OHS Division. 

Employers may also be required to make reasonable accommodations to support their needs.

Persons with disabilities

Physical and mental disabilities are protected characteristics under the HRA, so discrimination against disabled workers is unlawful.

Employers have a duty to accommodate workers with disabilities unless it causes them “undue hardship.” This is judged on a case-by-case basis by considering factors such as the size of the employer, cost of accommodations, safety, and impact on other workers.

Reasonable accommodations may include installing special software, allowing flexible work hours, and fitting wheelchair ramps.

Government Resources and Support

The following organisations provide official information for employers and workers in NL:

Provincial resources

• WorkplaceNL: Administers workers’ compensation, provides training courses and online services, and supports early and safe return-to-work programs.
• Occupational Health and Safety Division: Enforces the OHS Act and Regulations, conducts workplace inspections, investigates concerns and complaints, and provides guidance for compliance.

• Labour Standards Division: Administers NL’s labour legislation, including the LSA, and investigates complaints related to labour standards.
• Human Rights Commission: Protects human rights under the HRA, and investigates unfair treatment.

Federal resources

• Canada Revenue Agency (CRA): Administers federal payroll deductions.
• Service Canada: Delivers federal programs such as EI and sickness benefits.
• Canadian Centre for Occupational Health and Safety (CCOHS): Provides resources and training materials on workplace 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 labor authority or a qualified employment lawyer.