Statutory Holidays in New Brunswick: 2025 Guide

Eight statutory holidays are recognized annually in the province of New Brunswick, Canada. Both employers and employees must understand the rules and regulations surrounding statutory holiday entitlements, pay, and substitutions in New Brunswick.

What are Statutory Holidays in New Brunswick in 2025?

Statutory holidays in Canada, also known as public holidays or general holidays, are specific days that the government legislates on which employees are entitled to take the day off with regular pay.

New Brunswick has eight statutory holidays as specified under the Employment Standards Act (ESA), as listed below:

These statutory holidays qualify employees for paid time off work, provided the eligibility criteria are met.

There are also three additional prescribed days of rest under the Days of Rest Act that require retail businesses to close but do not entitle employees to pay:

• Victoria Day – Monday, May 19
• Thanksgiving Day – Monday, October 13
• Boxing Day – Friday, December 26

Who is Eligible for Statutory Holiday Pay in New Brunswick?

Not all employees qualify for paid statutory holidays. To be entitled to statutory holiday pay in New Brunswick, an employee must:

• Have been employed by the employer for at least 90 calendar days in the 12 months prior to the holiday
• Have worked their scheduled regular day before and after the holiday, unless there is a valid reason for missing work

The following employees do NOT qualify for paid statutory holidays:

• Professionals like lawyers, accountants, and dentists
• Salespeople are paid by commission
• Taxi cab drivers
• Employees in specific sectors like forestry, fishing, oil and gas extraction

In addition, to be eligible, an employee cannot be:

• On a leave of absence without pay
• Absent without leave
• Under suspension

Casual and temporary employees who have worked for at least 6 consecutive months are entitled to statutory holiday pay on a prorated basis if they meet the qualifying criteria.

Part-time employees also qualify for prorated statutory holiday pay if they work more than 1/3 of the regular hours for that occupation and meet the other eligibility requirements.

For example, if a part-time employee’s typical work week is 24 hours (6-hour days x 4 days per week), they must work more than 8 hours weekly to qualify for stat holiday pay.

How to Calculate NB Stat Holiday Pay

The regular calculation for statutory holiday pay depends on whether the employee in New Brunswick is paid by salary, hourly wage, commission or other method.

Hourly or Salaried Employees

Regular stat holiday pay is calculated based on the greater of:

• The employee’s regular day’s wages, or
• 5% of the employee’s gross wages in the 4 weeks immediately preceding the holiday

For example, an employee’s regular wage for the day is $150, and their gross earnings in the previous four weeks total $2400, then 5% of $2400 equals $120. Since $150 is greater than $120, the statutory holiday pay in this case would be $150.

If an eligible hourly or salaried employee must work on a statutory holiday, they are entitled to:

• 1.5 times their regular hourly wage for all hours worked on the holiday, plus
• Regular day’s statutory holiday pay

For instance, if the regular hourly wage is $20 and the employee works 8 hours on the holiday, then one and a half times the hourly wage equals $30. Multiplying $30 by 8 hours gives $240. Adding the regular statutory holiday pay on top of this amount results in the total pay for working the holiday.

Employees Paid by Commission

For employees paid entirely by commission, statutory holiday pay is calculated as 5% of gross commissions in the 4 weeks before the holiday.

Example:

• Gross commissions in the previous 4 weeks: $5000
• 5% of $5000 = $250
• Statutory holiday pay = $250

Special calculation rules apply for employees paid partly by commission and partly by salary or hourly wage.

When can statutory holidays be substituted in New Brunswick?

New Brunswick employers can substitute a statutory holiday by agreeing with the employee to provide another day off with statutory holiday pay. Some fundamental rules include:

• The substituted day must be provided within the employee’s next vacation period
• Employers must notify employees of the substitution in writing
• All substituted days must be paid out as public holiday pay

For businesses with continuous operations, such as hotels, restaurants, or hospitals, the employer can substitute a statutory holiday without agreement by providing the next work day off with statutory holiday pay.

What are the best practices for managing statutory holidays in New Brunswick?

Here are 7 recommended best practices for New Brunswick employers to properly manage statutory holiday entitlements:

• Create a clear statutory holiday policy – Have a comprehensive written policy that outlines eligibility rules, pay calculation, substitution parameters, prescribed day off requirements, and other key details. Include this policy in your employee handbook.
• Communicate the policy – Review the statutory holiday procedures with new hires and share any policy changes with staff so everyone understands the rules.
• Use payroll systems to calculate statutory holiday pay – Leverage your payroll solution’s ability to automatically calculate statutory holiday pay based on regular wages, hours worked on the holiday, and other factors.
• Track substituted days – Document any substitute days agreed to with employees and ensure they are recorded as statutory holidays in payroll systems.
• Review eligibility regularly – Check weekly or monthly to see if casual or part-time staff have reached the 6 months of continuous service threshold to qualify for statutory holiday pay.
• Stay current on legislation – Monitor for any updates to New Brunswick’s Employment Standards Act or other laws that could impact statutory holiday entitlements, prescribed days of rest, substitution rules, or other factors. Sign up for email notifications about regulatory changes.
• Consult experts when unsure – If you need clarification on statutory holiday pay calculations, eligibility ambiguities, or other complex situations, consult with employment law experts or an HR advisor. Paying incorrect statutory holiday pay can result in violations.

Key Takeaways on New Brunswick Statutory Holidays

Key facts on statutory holiday requirements for New Brunswick employers and employees:

• There are 8 statutory holidays each year that are paid public holidays
• Employees must meet eligibility criteria to qualify for statutory holiday pay
• Regular stat holiday pay is the greater of daily wages or 5% of gross pay
• Employees who work on the holiday receive 1.5x their regular pay plus public holiday pay
• Retail businesses must close on 11 prescribed days of rest

While we have covered surrounding statutory holidays in New Brunswick, each Canadian province and territory has its own set of public holiday legislation. Some key provincial statutory holiday references:

• Statutory Holidays in Quebec
• Statutory Holidays in Ontario
• Statutory Holidays in British Columbia
• Statutory Holidays in Manitoba
• Statutory Holidays in Newfoundland and Labrador
• Statutory Holidays in Nunavut
• Statutory Holidays in Northwest Territories
• Statutory Holidays in Saskatchewan
• Statutory Holidays in Alberta

FAQs related to statutory holidays in New Brunswick