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Statutory Holidays in New Brunswick: 2024 Guide
Introduction to Statutory Holidays in New Brunswick
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 2024. 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
Understanding statutory holiday requirements thoroughly will ensure that New Brunswick employers remain compliant with the provincial Employment Standards Act. Employees will also know whether they qualify for paid public holidays.
Overview of Statutory Holidays in Canada
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.
In Canada, statutory holidays can be legislated at both the provincial and federal levels. Some are common nationwide statutory holidays, like Christmas Day, while others, like Family Day, are only observed regionally.
Some key facts about statutory holidays in Canada:
- 5 nationwide statutory holidays mandated federally
- Provinces and territories legislate additional regional public holidays
- Most employees qualify for public holiday pay
- Employers must comply with provincial labour codes
Nationwide statutory holidays in Canada:
- New Year’s Day
- Good Friday
- Canada Day
- Labour Day
- Christmas Day
The total paid public holidays range from 5 to 13, depending on the province or territory.
Statutory Holidays in New Brunswick in 2024
There are eight paid statutory holidays recognized in the province of New Brunswick each calendar year:
| Holiday | 2024 Date |
| New Year’s Day | January 1 |
| Family Day | February 19 |
| Good Friday | March 29 |
| Canada Day | July 1 |
| New Brunswick Day | August 5 |
| Labour Day | September 2 |
| Remembrance Day | November 11 |
| Christmas Day | December 25 |
In addition, if a statutory holiday falls on a Saturday or Sunday, eligible employees are entitled to take the next working day off with statutory holiday pay or receive a regular day’s pay for the holiday.
For example, when Christmas Day lands on a Sunday in 2024, the following Monday, December 26, will be the designated statutory holiday and paid day off.
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 New Brunswick
- Statutory Holidays in Quebec
- Statutory Holidays in Ontario
- Statutory Holidays in British Columbia
- Statutory Holidays in Manitoba
Employee Eligibility for Statutory Holiday Pay in New Brunswick
Employees qualify for New Brunswick statutory holiday pay if they (Source: Government of New Brunswick):
- Have worked for the same employer for at least 90 calendar days
- Have not refused work on the holiday (if requested to work)
- Work their scheduled regular work days immediately before and after the statutory holiday
However, certain employee classes are exempt from statutory holiday entitlements and pay in New Brunswick (Source: Government of New Brunswick). These include:
- Professionals
- Salespersons of new motor vehicles
- Those paid entirely on commission
Employers should confirm eligibility for statutory holiday pay during the hiring process and notify employees who do not qualify.
Calculating 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 (Source: Government of New Brunswick):
- 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.
Premium Pay for Working Statutory Holidays in New Brunswick
Employees who work on a statutory holiday in New Brunswick must receive premium pay of 1.5 times their regular wage rate for all hours worked on that day.
For example:
- Regular hourly wage: $15
- Statutory holiday hours worked: 8
- 1.5 x $15 = $22.50
- Premium pay per hour: $22.50
Total premium pay = Hours worked x Premium pay per hour
This premium pay is in addition to the employee’s regular statutory holiday pay for that day.
Developing Statutory Holiday Policies in New Brunswick
New Brunswick employers should develop a clear written policy on statutory holiday entitlements and pay. The employee handbook should include this policy.
The statutory holiday policy should include details such as:
- Eligibility requirements
- Pay calculation formulas
- Substitution rules
- Premium pay rates
- Modified rules for certain employees (e.g. commission-based)
Having a statutory holiday policy will inform employees of their rights and ensure the business complies with Employment Standards Act regulations.
New Brunswick Prescribed Days of Rest
New Brunswick’s Days of Rest Act prohibits certain businesses from operating on prescribed days of rest each year (Source: Government of New Brunswick). These include:
- All 8 statutory holidays
- Victoria Day
- Thanksgiving Day
- Boxing Day
Most retail businesses must close on all 11 prescribed days of rest. Failing to comply can result in fines of $140-$1,070 per instance.
The critical difference from statutory holidays is that employers are not required to provide paid time off to employees on these prescribed rest days. However, retail stores must remain closed.
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
Employers should develop a statutory holiday policy and provide proper holiday pay to avoid violations. Employees should understand eligibility rules and pay entitlements.
FAQs related to statutory holidays in New Brunswick in 2024
What are the statutory holidays in New Brunswick in 2024?
The 8 statutory holidays in New Brunswick in 2024 are: New Year's Day, Family Day, Good Friday, Canada Day, New Brunswick Day, Labour Day, Remembrance Day, and Christmas Day.
How do you calculate statutory holiday pay in New Brunswick?
Statutory holiday pay is calculated as the greater of the employee's regular daily wages or 5% of gross wages in the 4 weeks before the holiday. Premium pay of 1.5x regular wages is provided for working on the holiday.
Do all employees get statutory holidays in New Brunswick?
No. Professionals, vehicle salespersons, and commission-only employees do not qualify for statutory holidays in New Brunswick.
Can employers substitute statutory holidays in New Brunswick?
Yes, with employee agreement employers can substitute the statutory holiday with another day off within the employee's next vacation period.
What is open on statutory holidays in New Brunswick?
Most retail businesses must close on statutory holidays in New Brunswick. Essential services, restaurants, hotels and gas stations can remain open.
Do banks close on statutory holidays in New Brunswick?
Yes, banks and government offices are normally closed on statutory holidays in New Brunswick.
What are the rules for working statutory holidays in New Brunswick?
Employees must receive 1.5x regular wages for working statutory holidays in addition to their public holiday pay. Refusing work may disqualify employees from holiday pay.
Where can I find more information on statutory holidays in New Brunswick?
The best sources are the Employment Standards Branch's website and the Government of Canada's statutory holidays page for official information.
What is the difference between statutory holidays and prescribed days of rest in New Brunswick?
Statutory holidays are paid time off work, while prescribed days of rest require retail businesses to close but are not paid public holidays.
What happens when a statutory holiday falls on a weekend in New Brunswick?
Employees get the next working weekday off with statutory holiday pay when a stat holiday is on a weekend.