New Brunswick’s Employment Standards Act (ESA) provides for eight paid public holidays. Employees typically qualify for paid public holidays if they have worked for an employer for at least 90 calendar days and have worked their scheduled regular days of work before and after the holiday.
Employers should know the rules around statutory holiday entitlement and pay for their employees. Not paying your staff the correct stat holiday pay is a violation of the ESA and could lead to fines. You should have a stat holiday policy to correctly manage stat holiday pay.
This blog provides information on New Brunswick stat holidays in 2024, stat holiday pay eligibility, and how to correctly calculate stat holiday pay.
There are eight paid holidays in New Brunswick. These are:
Employees who qualify for paid holidays in New Brunswick and work on the stat holiday must receive their regular’s day’s pay plus 1.5 times their regular wage rate for the hours worked on that day. Employees who don’t work on a public holiday must receive their regular day’s pay for that day.
Exactly what type of stat holiday pay your employees are entitled differs for each province. Ask Peninsula for a stat holiday pay and entitlement policy that’s custom-made for your business. Our experts can help you with company policies, and with any other HR , health & safety , or employee management advice you may need. To learn more about how our services can benefit your business, call an expert today at 1 (833) 247-3652.
No. Those employed in certain industries (for instance, professionals, house and car salespersons) do not qualify for stat holiday pay.
New Brunswick’s Days of Rest Act lists specific days during the year that businesses must stay closed. These include the weekly day of rest (Sunday), the eight New Brunswick stat holidays and Victoria Day, Thanksgiving Day, and Boxing Day.
The 11 prescribed days of rest in New Brunswick are:
The National Day for Truth and Reconciliation is a statutory holiday for federally and provincially regulated public sector employees in New Brunswick. It is not a public holiday. This holiday is optional for private-sector businesses.
The eight New Brunswick stat holidays are covered by the Employment Standards Act. These stat holidays are also “prescribed days of rest”.
There are also three prescribed days of rest (Thanksgiving Day, Victoria Day, and Boxing Day) that are not “paid public holidays” under the ESA.
Retail businesses are required to be shut on the 11 prescribed days of rest and the weekly day of rest (Sunday). Certain retail businesses are exempted from this requirement and can open on Sunday.
A violation of the Days of Rest Act can lead to fines from a minimum of $140 to a maximum of $1,070.
Yes. The employer can pay the employee an additional 4% (as of January 1st, 2018) of all of the employee’s gross wages. This would be in lieu of a regular day’s pay for an employee who qualifies for a stat holiday.
Besides paying 4% of the employee’s wages, the employer is also required to pay the employee 1.5 times his regular rate of pay for the hours worked on each holiday.
Yes. Such an agreement may be made. However, the substituted day off must be taken by the employee no later than the employee’s next vacation period. The employer is also required to record that substituted day off in the payroll records as a public holiday.
If the business is a “continuous operation”, such as a hotel, restaurant, or tourist resort, the employer may substitute the paid stat holiday without the agreement of the employee on their first working day immediately after their next vacation. The employer can also substitute the paid stat holiday with the agreement of the employee on another working day and pay the employee their regular wages for that day.
As an employer, it is important that you understand how to correctly manage statutory holiday pay to avoid being fined. You should create a clear and comprehensive policy on statutory holiday pay and include it in your employee handbook. This will help your employees know who qualifies for stat holiday pay and who doesn’t.
As a small business owner, it is important that you know how to manage stat holiday pay and entitlements correctly. If you are unsure about your responsibilities when calculating statutory holiday pay, Peninsula can help. Consult our HR experts call us today at 1 (833) 247-3652 to get advice on developing a stat holiday pay and entitlement policy tailored to your business
