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.

This comprehensive guide will provide details on everything you need to know about statutory holidays in New Brunswick in 2025. We will cover critical topics such as:

• Statutory holiday dates
• Eligibility requirements
• Calculating statutory holiday pay
• Substituting holidays
• Premium pay for working holidays
• Developing stat holiday policies
• Prescribed days of rest
• Key takeaways for Canada
• FAQs on New Brunswick stat holidays

What are Statutory Holidays in New Brunswick for 2025?

Statutory holidays in Canada, also known as public holidays or general holidays, are specific days legislated by the government 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

Employee Eligibility 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 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 per week to qualify for stat holiday pay.

How to Calculate Statutory Holiday Pay in New Brunswick

The regular calculation for statutory holiday pay depends on whether the employee 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
• 5% of the employee’s gross wages in the 4 weeks immediately preceding the holiday

For example:

• Employee’s regular wages for the day: $150
• Employee’s gross earnings in previous 4 weeks: $2400
• 5% of $2400 = $120
• Stat Holiday Pay = $150 (more incredible amount)

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, their regular day’s statutory holiday pay

For example:

• Regular hourly wage: $20
• Hours worked on holiday: 8
• 1.5 x $20 = $30 per hour
• Stat holiday pay = 8 hours x $30 = $240

Total pay for working stat = $240 + regular statutory holiday pay

Read more: Minimum Wage in New Brunswick

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 (Source: Government of New Brunswick).

Example:

• Gross commissions in 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.

Substituting Statutory Holidays 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.

Best Practices for Managing Statutory Holidays in New Brunswick

Here are some 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 stat holiday pay can result in violations.

Key Takeaways on New Brunswick Statutory Holidays

Some 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 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 Yukon
• Statutory Holidays in Prince Edward Island

FAQs related to statutory holidays in New Brunswick in 2024