Paid public holidays, vacation time and pay

There are eight paid public holidays in New Brunswick:

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

All employees are entitled to receive one and a half times their regular wage rate for each hour worked on a paid public holiday.  (i.e. gets only the time and a half rate for hours worked.)

An employee who qualifies and works on the public holiday must receive their regular day’s pay plus one and a half times their regular wages for each hour worked on that day. (i.e. gets regular wages plus time a one half of reg. wage for hours worked)

An employee who qualifies but does not work on the public holiday must receive their regular day’s pay for that day. (i.e. gets only regular wage for the day)

To qualify for a paid public holiday an employee must: 

• have been employed for at least 90 calendar days (not only workdays) during the 12 months before the public holiday 
• have worked their regular scheduled day before and after the holiday (this is not necessarily the day immediately before or after the holiday), unless there is a good reason for not doing so (most reasons related to illness are considered acceptable)
• if they have agreed to work on the public holiday, report for and work their scheduled shift unless there is a good reason for not doing so 
• not be employed under an arrangement where they can decide when to work or not to work 
• not be employed in specific occupations exempted by regulation

If the holiday falls on a non-working day or during an employee’s vacation, the employee who qualifies must receive another working day off with pay in lieu of the holiday, or if the employee agrees, a regular day’s pay for that day. 

If the employee’s wages vary from day to day, the employee will be paid based on an average day’s pay based on all hours worked (excluding overtime) in the 30 days immediately before the holiday and maintain documentation of any agreement with the employee. 

Instead of paying the employee a regular day’s pay for the public holiday, the employer has the option of paying the employee an additional four per cent of all the employee’s gross wages, starting on the first day of employment. In addition to paying the four per cent of the employee’s wages, when the employee works on a paid public holiday, the employer must also pay him one and a half times his regular rate of pay for the hours worked on each holiday. 

The employer and an employee can make an agreement whereby another working day off is provided to the employee in lieu of a paid public holiday. However, the substituted day must be taken by the employee no later than their next vacation period. The employer should record that substituted day in the payroll records as the public holiday and keep a copy of the agreement. 

When the business is a continuous operation, such as a hotel, a tourist resort, tavern or a restaurant, the employer may substitute the paid public holiday without the agreement of the employee on their first working day immediately after the next vacation or with the agreement of the employee on another working day and pay their regular wages for that day. 

Employees in certain occupations (e.g. professionals, house and car salesmen) do not qualify to receive pay for a public holiday:

• architecture
• dentistry
• law
• medicine
• chiropody
• optometry
• pharmacy
• professional engineering
• public or chartered accounting
• psychology
• surveying
• veterinary science
• real estate sales
• car and mobile home sales
• sales professionals, other than those in route sales, who are entitled to receive all or part of their remuneration as commissions in respect of offers to purchase, sales of merchandise or services, such as are normally made other than at or in the employer’s establishment
• athletes when participating in activities related to their sport

Employers are required to give all their employees an annual vacation leave with pay dependent upon each employee’s years of service.

An employee who has less than eight years of service is entitled to vacation pay equal to 4% of their gross wages (before deductions) and a vacation of the lesser of the following two options:

• at least one day for each month worked

OR

• at least two weeks of vacation per year

An employee who has more than eight years of service with an employer is entitled to receive vacation pay equal to six per cent of their gross wages (before deductions) and a vacation of the lesser of the following two options:

• at least one and one-quarter day for each month worked

OR

• at least three weeks of vacation per year

In both cases, the employee must receive all their accumulated vacation pay at least one day before vacation begins.

Timing of vacation: An employee is entitled to take vacation after completing one year of service with their employer. The employer must give them their vacation no later than four months after earning the vacation time.

Employers and their employees can agree on when vacation should be taken. If an agreement cannot be reached, the employer can decide when the employee’s vacation will begin if they provide at least one week’s notice prior to the start date.

If an employee leaves the job before vacation: An employee who is terminated or quits before taking vacation time is entitled to receive all outstanding vacation pay. Payment must be made when the employee receives their final pay cheque.

• Paid public holidays and vacation/vacation pay (PDF 459 KB)