New Brunswick Employee Policy Manual | HR Compliance Guide

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Policy modules available for New Brunswick organizations

Hours of Work & Overtime Policy

Employment Standards Act, SNB 1982, c E-7.2, s. 14-17

New Brunswick's standard workweek threshold for overtime is 44 hours. Unlike most provinces, New Brunswick calculates the statutory overtime rate as 1.5 times the provincial minimum wage — not 1.5 times the employee's regular rate. With the current minimum wage of $15.90/hr (effective April 1, 2026), the statutory overtime rate is $23.85/hr for all hours worked beyond 44 hours per week. Employers may pay a higher contractual rate, but the floor under the Employment Standards Act is 1.5 × minimum wage. Employers must maintain accurate records of hours worked. Averaging agreements may be permitted under specific conditions with Director of Employment Standards approval.

New Brunswick's overtime formula is unusual and frequently misapplied — many employers default to the more common 'time-and-a-half of regular wage' rule. Because the statutory floor is tied to minimum wage, the rate moves whenever minimum wage moves. Without a clear policy that captures the correct formula, employers risk underpayment, retroactive wage orders, and ESA penalties.

  • 44-hour weekly overtime threshold
  • Statutory overtime rate is 1.5 × minimum wage (not 1.5 × regular rate)
  • Current statutory overtime rate: $23.85/hr (1.5 × $15.90 minimum wage)
  • Rate updates whenever minimum wage changes
  • Higher contractual overtime rates permitted
  • Accurate time-keeping records required
  • Averaging agreements require Director approval

Minimum Wage Compliance Policy

Employment Standards Act, Minimum Wage Regulation

New Brunswick's minimum wage is $15.90 per hour (effective April 1, 2026). This rate applies to all employees covered by the Employment Standards Act. Employers must ensure all forms of compensation — including piece-rate, commission, and hourly pay — meet or exceed the minimum wage. New Brunswick reviews its minimum wage annually, with increases typically taking effect on April 1.

Annual minimum wage increases mean payroll systems must be updated promptly. Failure to pay at least minimum wage results in wage recovery orders and potential prosecution. A clear policy ensures payroll teams are aware of rate changes and that no worker falls below the legal minimum.

  • $15.90/hr effective April 1, 2026
  • Annual review of minimum wage
  • Applies to all covered employees
  • Includes piece-rate and commission workers
  • Record-keeping requirements
  • Payroll update procedures required

Vacation & Public Holiday Policy

Employment Standards Act, ss. 28-39

New Brunswick mandates a minimum of 2 weeks' vacation (4% vacation pay) after 1 year of employment, with entitlements increasing with length of service. The province recognizes 8 paid public holidays under the Employment Standards Act: New Year's Day, Family Day (third Monday in February), Good Friday, Canada Day, New Brunswick Day (first Monday in August), Labour Day, Remembrance Day, and Christmas Day. Employees who work on a public holiday are entitled to premium pay or a substitute day off.

Vacation pay calculation errors and public holiday pay disputes are common sources of employment standards complaints. New Brunswick's 8 paid public holidays include province-specific days like New Brunswick Day. A detailed policy prevents costly errors and ensures employees understand their entitlements.

  • 2 weeks (4%) vacation after 1 year
  • Entitlements increase with service
  • 8 paid public holidays under ESA
  • New Brunswick Day (first Monday in August)
  • Premium pay for working on holidays
  • Vacation pay calculated on gross earnings

Termination & Notice of Dismissal Policy

Employment Standards Act, ss. 30-31.1

New Brunswick requires employers to provide written notice of termination or pay in lieu based on length of service, ranging from 2 weeks to 4 weeks depending on years of employment. Employers must comply with both statutory minimums under the Employment Standards Act and common law reasonable notice standards. Group termination provisions apply when 10 or more employees are terminated within a 4-week period.

Wrongful dismissal claims can be extremely expensive. New Brunswick courts apply common law reasonable notice principles that often exceed statutory minimums significantly. A well-documented termination policy protects employers from bad faith damages and ensures a consistent, legally defensible process.

  • 2–4 weeks statutory notice based on service
  • Pay in lieu of notice permitted
  • Group termination rules for 10+ employees
  • Common law notice often exceeds statutory
  • Written notice requirements
  • Just cause exceptions apply

Workplace Health & Safety Policy

Occupational Health and Safety Act, SNB 1983, c O-0.2

New Brunswick's OHS Act requires every employer to ensure the health, safety, and welfare of all workers. Employers with 20 or more employees must establish a Joint Health and Safety Committee (JHSC). Workplaces with 1 to 19 employees must have a designated safety representative. The Act covers hazard identification, workplace inspections, incident reporting, WHMIS training, and the right to refuse unsafe work. WorkSafeNB administers the province's workplace health and safety program.

WorkSafeNB conducts inspections and has the authority to issue compliance orders, stop-work orders, and prosecute violations. Penalties under the OHS Act include significant fines and potential imprisonment. A comprehensive safety policy is your foundation for due diligence — without one, you cannot mount an effective defence.

  • JHSC required at 20+ employees
  • Safety representative at 1–19 employees
  • Written OHS policy mandatory
  • WHMIS training requirements
  • Right to refuse unsafe work
  • Incident reporting obligations
  • Regular workplace inspections required

Workplace Harassment & Violence Prevention Policy

Employment Standards Act, s. 44.01–44.08; OHS Act

New Brunswick requires employers to develop and implement policies addressing workplace harassment and violence. This includes harassment based on any protected ground under the Human Rights Act, as well as workplace bullying and psychological harassment. Employers must establish a complaint process, conduct investigations, and protect complainants from reprisal. The policy must address prevention, response procedures, and employee awareness training.

Harassment complaints are increasing across New Brunswick. Employers without clear policies face human rights tribunal damages, OHS enforcement orders, and constructive dismissal claims. A written policy with a formal investigation process is the first line of defence.

  • Written policy required
  • Covers harassment, violence, and bullying
  • Formal complaint and investigation process
  • Anti-reprisal protections
  • Employee training obligations
  • Regular policy review required
  • Includes sexual harassment provisions

Human Rights & Anti-Discrimination Policy

Human Rights Act, RSNB 2011, c 171

The New Brunswick Human Rights Act prohibits discrimination in employment on protected grounds including race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, family status, sexual orientation, gender identity or expression, sex (including pregnancy), social condition, and political belief or activity. Employers have a duty to accommodate employees to the point of undue hardship.

Human rights complaints can result in significant damages, reinstatement orders, and systemic remedies. New Brunswick's Human Rights Commission investigates complaints and can refer matters to a Board of Inquiry. A proactive policy demonstrates good faith and reduces the likelihood of complaints.

  • Multiple protected grounds
  • Duty to accommodate to undue hardship
  • Applies to all employers
  • Covers hiring through termination
  • Social condition as protected ground
  • Political belief protection
  • Gender identity and expression included

Maternity & Parental Leave Policy

Employment Standards Act, ss. 43–44

New Brunswick provides maternity leave of up to 17 weeks for birth mothers and parental leave of up to 37 weeks (or 63 weeks if the employee elects extended parental benefits). Parental leave is available to both parents, including adoptive parents. Employees must provide at least 4 weeks' written notice before beginning leave. Employers must reinstate employees to their former position or a comparable one upon return.

Denying or interfering with pregnancy and parental leave is a violation of both the Employment Standards Act and the Human Rights Act. Employers who fail to hold positions or who penalize employees for taking leave face serious legal consequences. A clear policy protects both the employer and the employee.

  • 17 weeks maternity leave
  • 37 or 63 weeks parental leave
  • Available to both parents
  • Adoptive parents included
  • 4 weeks written notice required
  • Job reinstatement guaranteed
  • Benefits continuation during leave

Bereavement Leave Policy

Employment Standards Act, s. 44.02

New Brunswick provides employees with up to 5 days of bereavement leave upon the death of an immediate family member. This leave allows employees time to grieve, attend funeral services, and manage estate matters. The definition of immediate family member includes spouses, parents, children, siblings, grandparents, grandchildren, and other close relatives as defined by the Act.

Bereavement is a sensitive time for employees. A clear policy ensures consistent treatment across the organization, prevents disputes about eligibility, and demonstrates the employer's commitment to employee wellbeing.

  • 5 days bereavement leave
  • Immediate family member defined by Act
  • Includes common-law partners
  • No minimum service requirement
  • Job protection during leave
  • Documentation may be requested

Domestic Violence Leave Policy

Employment Standards Act, s. 44.028–44.0282

New Brunswick provides eligible employees with domestic violence, intimate partner violence, or sexual violence leave after more than 90 consecutive days of employment with the same employer. The leave may include up to 10 days, taken intermittently or continuously, plus up to 16 continuous weeks in a calendar year. The first 5 days of leave are paid (at the employee's regular wage) and the balance is unpaid. Leave is available where the employee — or the employee's child — is the victim. The leave can be used for medical attention, legal proceedings, counselling, relocation, or safety planning. Confidentiality requirements apply throughout the process.

This is a newer NB provision that many employers have not yet operationalized. Non-compliance — including paying the first 5 days incorrectly, applying the wrong eligibility threshold, or breaching confidentiality — can result in employment standards orders and human rights complaints. A clear, current policy ensures managers respond appropriately, confidentially, and within the statutory framework.

  • More than 90 consecutive days of employment required
  • Up to 10 days per calendar year (intermittent or continuous)
  • Plus up to 16 continuous weeks per calendar year
  • First 5 days paid at the employee's regular wage
  • Balance of leave is unpaid
  • Applies where the employee or the employee's child is affected
  • Strict confidentiality requirements
  • Job protection guaranteed

Sick Leave & Medical Absence Policy

Employment Standards Act, s. 44.021

New Brunswick provides employees with up to 5 days of unpaid sick leave per year. Employees can use this leave for personal illness, injury, or medical appointments. Employers may request reasonable documentation to support the absence, but cannot require a medical certificate for absences of 3 days or fewer. Employers must maintain the employee's position during the leave period.

Managing sick leave consistently is critical to avoiding discrimination claims (disability-related absences may require accommodation). A written policy sets clear expectations for notification, documentation, and return-to-work procedures.

  • 5 days unpaid sick leave per year
  • Personal illness, injury, or appointments
  • Medical note rules and limitations
  • Job protection during leave
  • Accommodation obligations for disability
  • Return-to-work procedures

Compassionate Care Leave Policy

Employment Standards Act, s. 44.025

New Brunswick provides up to 28 weeks of compassionate care leave to employees who need to care for a gravely ill family member with a significant risk of death within 26 weeks. A medical certificate is required. The leave may be taken in one or more periods, and the employee's position is protected during the leave. This leave is coordinated with the federal Employment Insurance compassionate care benefit.

Employees caring for dying family members face enormous stress. A clear compassionate care leave policy ensures employees know their rights, managers respond appropriately, and the employer complies with both provincial employment standards and federal EI coordination requirements.

  • 28 weeks maximum
  • Gravely ill family member
  • Medical certificate required
  • Job protection guaranteed
  • Coordinates with federal EI
  • Can be taken in multiple periods

Privacy & Personal Information Policy

Right to Information and Protection of Privacy Act; PIPEDA

New Brunswick's Right to Information and Protection of Privacy Act governs public bodies. PIPEDA applies to personal information handled in commercial activities and to employee information connected with a federal work, undertaking or business, but generally does not govern the employee records of an ordinary provincially regulated New Brunswick employer. Private employers should still adopt clear collection, use, access, retention, security and breach-response practices and confirm any health-sector or other specific duties.

Privacy breaches can result in significant penalties, reputational damage, and loss of employee trust. Employers collect extensive personal information — from SINs to medical records to performance data. A comprehensive privacy policy protects both the organization and its employees.

  • Consent required for collection
  • Purpose limitation principle
  • Accuracy and correction rights
  • Security safeguard requirements
  • Retention and destruction rules
  • Employee access rights
  • Breach notification obligations

Pay Equity & Equal Pay Policy

Employment Standards Act; Human Rights Act

New Brunswick prohibits pay discrimination on the basis of sex and other protected grounds. Employers must ensure that employees performing substantially similar work receive equal compensation regardless of gender or other protected characteristics. While NB does not have standalone pay equity legislation like some provinces, the Human Rights Act and Employment Standards Act together require employers to address pay disparities.

Pay equity complaints can be filed under the Human Rights Act, potentially resulting in back-pay orders and damages. Proactively conducting a pay analysis and maintaining a clear policy demonstrates good faith compliance and reduces the risk of costly complaints.

  • Equal pay for substantially similar work
  • Gender-based pay discrimination prohibited
  • Protected grounds extend beyond gender
  • Pay analysis recommended
  • Human rights complaint mechanism
  • Back-pay remedies possible

Workplace Accommodation Policy

Human Rights Act, RSNB 2011, c 171

New Brunswick employers have a duty to accommodate employees' needs arising from protected grounds under the Human Rights Act — including disability, religion, family status, and pregnancy — up to the point of undue hardship. Accommodation is an individualized process that may include modified duties, flexible schedules, assistive equipment, or workplace modifications. The employer, employee, and (where applicable) union share responsibility in the accommodation process.

Failure to accommodate is one of the most common grounds for human rights complaints in New Brunswick. The duty is substantive — employers must make genuine, good faith efforts. A written accommodation policy with clear procedures ensures consistent handling and protects against complaints.

  • Duty to accommodate to undue hardship
  • Individualized assessment required
  • Employee must cooperate in process
  • Disability, religion, family status covered
  • Medical documentation protocols
  • Return-to-work accommodation included
  • Undue hardship must be demonstrated

Record Keeping & Employment Documentation Policy

Employment Standards Act, s. 10-13

New Brunswick's Employment Standards Act requires employers to create and maintain detailed employment records for each employee, including hours worked, wages paid, deductions made, vacation time and pay, and personal information. Records must be kept for a minimum of 3 years after the employee's last day of work. Employment standards officers may inspect records at any time during an investigation.

Incomplete or inaccurate records make it impossible to defend against wage complaints. If records are missing, the employment standards officer will typically accept the employee's version of events. A formal record-keeping policy ensures compliance and creates a defensible paper trail.

  • 3-year minimum retention period
  • Hours, wages, deductions recorded
  • Vacation tracking required
  • Records available for inspection
  • Employee access to own records
  • Electronic records permitted

Critically Ill Child or Adult Leave Policy

Employment Standards Act, s. 44.026–44.027

New Brunswick provides up to 37 weeks of leave for employees caring for a critically ill child or adult family member. A medical certificate from a qualified health practitioner is required. This leave is job-protected and coordinates with federal Employment Insurance benefits. The leave may be shared among family members but cannot exceed the maximum total duration.

Employees facing a critically ill family member need to focus on caregiving without fear of job loss. This leave is relatively complex in its interaction with EI benefits and family sharing rules. A clear policy prevents confusion and ensures compliance.

  • 37 weeks maximum duration
  • Medical certificate required
  • Job protection guaranteed
  • Coordinates with EI benefits
  • Can be shared among family members
  • Covers children and adults

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New Brunswick Employment Law at a Glance

Minimum Wage

$15.90/hr

Effective April 2026

Overtime Threshold

44 hrs/wk

1.5x after threshold

Statutory Holidays

8 days

Including NB Day

Vacation Minimum

2 weeks

4% after 1 year

Employment Standards Act

Core employment standards including wages, hours, leaves, vacation, and termination.

Occupational Health and Safety Act

Workplace safety requirements, JHSC obligations, hazard reporting, and worker protections.

Human Rights Act

Prohibits discrimination on protected grounds and establishes duty to accommodate.

Workers' Compensation Act

Workplace injury compensation, return-to-work obligations, and WorkSafeNB administration.

Right to Information and Protection of Privacy Act

Public sector privacy obligations and personal information protections.

Industrial Relations Act

Collective bargaining, union certification, unfair labour practices, and dispute resolution.

Pension Benefits Act

Regulation of employer-sponsored pension plans and employee benefit protections.

Workplace Health, Safety and Compensation Commission Act

Establishes WorkSafeNB's mandate and employer premium obligations.

Personal Information Protection and Electronic Documents Act (PIPEDA)

Federal privacy law for commercial-activity information and employee information connected with a federal work, undertaking or business; it is not a general employee-records law for ordinary provincially regulated NB employers.

Leave entitlements

  • Maternity Leave: Up to 17 weeks
  • Parental Leave (Child Care): Up to 62 weeks (78 combined with maternity)
  • Bereavement Leave: Up to 5 days
  • Compassionate Care Leave: Up to 28 weeks
  • Sick Leave: Up to 5 days unpaid
  • Family Responsibility Leave: Up to 3 days
  • Domestic Violence Leave (Intermittent): Up to 10 days
  • Domestic Violence Leave (Continuous): Up to 16 weeks
  • Court Leave: As needed (jury duty/witness)
  • Critically Ill Child/Adult Leave: Up to 37 weeks
  • Reservist Leave: As needed for service
  • Voting Leave: 3 consecutive hours

All leave entitlements are job-protected under the NB Employment Standards Act. Eligibility requirements and notice periods may apply. Domestic violence leave is a relatively recent addition — verify your policies are current.

NB Compliance Requirements by Employer Size

New Brunswick's requirements scale with employer size. Here's what applies at each tier.

1–4 Employees — Micro Employer

  • Employment standards compliance (wages, hours, leaves)
  • Designated health and safety representative
  • Human rights obligations
  • Workers' compensation coverage
  • Basic record-keeping requirements

5–19 Employees — Small Employer

  • All micro employer requirements
  • Written health and safety policy recommended
  • Designated safety representative required
  • Formal harassment complaint procedures
  • Enhanced record-keeping obligations
  • Vacation tracking and administration

20–49 Employees — Medium Employer

  • All small employer requirements
  • Joint Health and Safety Committee (JHSC) mandatory
  • Written OHS policy and program required
  • Formal accommodation procedures recommended
  • Group termination provisions may apply
  • Enhanced safety training obligations

50–99 Employees — Mid-Size Employer

  • All medium employer requirements
  • Comprehensive HR policy manual recommended
  • Multiple JHSC representatives may be needed
  • Group termination notification to Director
  • Privacy management program
  • Formal return-to-work program

100+ Employees — Large Employer

  • All mid-size employer requirements
  • Full-time safety coordinator recommended
  • Comprehensive training programs required
  • Multiple workplace JHSC requirements
  • Enterprise privacy management
  • Mass termination rules and obligations
  • Bilingual policy considerations

Frequently Asked Questions — New Brunswick Policy Manual

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