What are the public holidays in New Brunswick?The statutory holidays are New Year's Day, Good Friday, Canada Day, New Brunswick Day, Labour Day, Remembrance Day (as of 2004) and Christmas Day.
What are the eligibility requirements to qualify for holiday pay?No holiday pay is owed to employees who (a) have worked for their employer less than 90 days in the 12 months immediately before the holiday; (b) have failed to work on their regular working day before or after the holiday without reasonable cause; (c) have failed to report to work on a public holiday after having agreed to do so without reasonable cause; or (d) are employed under an agreement whereby they elect to work when requested to do so.
Are there exceptions to the eligibility requirements?The Employment Standards Act does not apply to agricultural workers whose employers have three or fewer employees (not in a close family relationship) over a substantial period of the year or to persons employed in or about a private home. Under certain conditions, employers may also request to be exempted from provisions of the Act.
Designated professionals, real estate, automobile and mobile home salespersons, as well as salespersons receiving all or part of their remuneration in commission, for sales that would normally be made outside the employer’s establishment, are specifically exempted from the Act’s public holidays provisions.
How much should I get paid if I work on a public holiday?Employees must be paid at least 1½ times their regular rate of wages for time worked on a public holiday. In addition to this, they are also entitled to receive the equivalent of their regular wages if they qualify for holiday pay.
Special conditions for certain employees – If the employee is employed in a hotel, motel, tourist resort, restaurant, tavern or any continuous operation, the employer must either:
(a) pay the employee at least 1½ times his or her regular rate of wages for time worked plus holiday pay, if the latter is owed; or
(b) pay the employee’s regular wages for the hours worked and provide a day off with pay on the first working day following the next vacation or another day agreed upon.
How much should I get paid if I don’t work on a public holiday?Employees who qualify for holiday pay are entitled to their regular wages for the holiday.
When an employee’s wages vary from day to day, the amount of holiday pay must be at least his/her average daily earnings (excluding overtime) during the 30 calendar days immediately before the holiday.
What if a statutory holiday falls on a non-working day?If the holiday falls on a non-working day or an employee’s vacation, the employer must designate a working day not later than the employee’s next vacation to be deemed as a public holiday. Alternately, the employer, with the agreement of employee or the employee’s agent, can pay regular wages for the holiday.
Can a statutory holiday be substituted for a day-off on another day of the year?If the holiday falls on a working day, an employer may substitute another working day for the holiday with the agreement of the employee (or his/her agent). This day must be scheduled no later than the next vacation of the employee.
What if I’m a unionized employee covered by a collective agreement?Holiday provisions under the Employment Standards Act do not apply where a collective agreement provides for at least six paid holidays, including New Brunswick Day, or provides for vacation and holiday benefits which together equal or exceed the legislated minimum. A payment of three percent of gross wages is considered equivalent to the holiday provisions of the Act. Employees must nevertheless be paid at least 1½ times their regular rate of wages for the time worked on a public holiday.
For more information, see the New Brunswick Employment Standards Act.