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Provincial Laws›New Brunswick Employment Standards Act

New Brunswick Employment Standards Act: Your Rights at Work

How New Brunswick's employment standards differ from the federal Canada Labour Code

Content last verified against official statutes: August 30, 2026

Am I Provincially Regulated?

Employees of private employers in New Brunswick whose business is not federally regulated (interprovincial transportation, telecommunications, banking and similar) are covered by the Employment Standards Act, administered by the Employment Standards Branch of the Department of Post-Secondary Education, Training and Labour.

Overtime

Overtime applies to hours worked beyond 44 in a week. New Brunswick's overtime rate is unusual: it is 1.5 times the minimum wage, not 1.5 times the employee's regular rate (Act s.16). From April 1, 2026 that rate is $23.85 per hour. Employees whose regular wage already exceeds that amount receive at least their regular wage for overtime hours.

Key difference from federal: The Canada Labour Code pays 1.5 times the employee's regular rate after 8 hours in a day or 40 in a week (s.169, s.174). For a worker earning above the minimum wage, New Brunswick's rule can mean no premium at all.

Sick Leave

After more than 90 days of employment, the Act provides up to 5 days of unpaid sick leave in a 12-month period (s.44.021). There is no paid sick leave in the Act.

Key difference from federal: Federally regulated employees earn up to 10 paid medical-leave days per year (3 after 30 days, then 1 per month) and up to 27 weeks of unpaid medical leave (CLC s.239).

Termination & Severance

Act s.30 sets the minimum written notice of termination (or pay in lieu). No notice is required in the first 6 months of employment:

Length of serviceMinimum notice (or pay in lieu)
6 months to less than 5 years2 weeks
5 years or more4 weeks

Different notice rules apply to group terminations of 10 or more employees. The Act has no severance pay provision; severance beyond the statutory notice is a common-law matter. There is no statutory unjust-dismissal process.

Key difference from federal: The Canada Labour Code provides graduated notice of 2 to 8 weeks (s.230), severance pay of 2 days per completed year with a 5-day minimum (s.235), and an unjust dismissal complaint for non-managerial employees with 12 months of service (s.240).

Reprisal Protection

The Act prohibits an employer from dismissing, suspending, laying off or penalizing an employee for filing a complaint, giving evidence, taking a leave the Act provides, or asserting a right under the Act. Complaints are made to the Director of Employment Standards; unresolved matters may be referred to the Labour and Employment Board.

Key difference from federal: Under CLC s.246.1(4) a federal reprisal complaint is itself evidence of reprisal and the burden of proof shifts to the party denying it.

Harassment

The Occupational Health and Safety Act and its Regulation require employers to have a written code of practice for preventing workplace harassment and violence and to investigate incidents. The Human Rights Act prohibits discrimination and harassment on protected grounds, which include race, colour, religion, national origin, ancestry, place of origin, age, physical and mental disability, marital status, family status, sex, sexual orientation, gender identity or expression, social condition, and political belief or activity. A complaint to the New Brunswick Human Rights Commission is filed within 12 months of the last incident.

Key difference from federal: Federally regulated workplaces follow SOR/2020-130; discrimination complaints go to the Canadian Human Rights Commission within 12 months.

Filing Complaints

IssueWhere complaints are filedTime limit
Unpaid wages, overtime, vacation pay, notice payEmployment Standards Branch (Director of Employment Standards)12 months from the contravention (Act s.61)
Reprisal under the ActEmployment Standards Branch; Labour and Employment Board on referral12 months
Harassment or violence (health and safety)WorkSafeNBNone set by statute
Discrimination or harassment on a protected groundNew Brunswick Human Rights Commission12 months from the last incident

Key Statutes & Sources

Employment Standards Act, S.N.B. 1982, c. E-7.2Overtime (s.16), notice (s.30), sick leave (s.44.021), complaints (s.61)
Human Rights Act, R.S.N.B. 2011, c. 171Protected grounds; complaint within 12 months
Occupational Health and Safety Act, S.N.B. 1983, c. O-0.2Workplace harassment and violence code of practice

Official sources checked on August 30, 2026

When Should You Contact a Lawyer?

This platform is designed to help you build your case independently — collecting evidence, documenting incidents, writing complaints in compliance language, and navigating the internal HR process. Many employees can handle these steps without a lawyer.

The most effective time to engage a lawyer is after you have completed the internal process and your employer has failed to resolve your complaint. At that point, a lawyer can review your complete file — your timeline, evidence, complaint, and the employer's response — and provide strategic advice before you file with an external body such as the CIRB, CHRC, or OPC.

By doing the groundwork yourself, your consultation becomes a focused strategic review rather than a costly fact-gathering session. This approach has been validated by employment lawyers who reviewed files prepared using this methodology and found the documentation thorough with nothing to add.

Cite This Page

MyWorkRights.ca, "New Brunswick Employment Standards Act: Your Rights at Work," accessed 2026-10-01, https://myworkrights.ca/provincial/new-brunswick