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New Brunswick Stat Holidays 2022: An Employer’s Reference

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New Brunswick’s Employment Standards Act (ESA) provides for eight paid public holidays. Employees typically qualify for paid public holidays if they have worked for an employer for at least 90 calendar days and have worked their scheduled regular days of work before and after the holiday.

Employers should know the rules around statutory holiday entitlement and pay for their employees. Not paying your staff the correct stat holiday pay is a violation of the ESA and could lead to fines. You should have a stat holiday policy to correctly manage stat holiday pay.

This blog provides information on New Brunswick stat holidays in 2022, stat holiday pay eligibility, and how to correctly calculate stat holiday pay.

New Brunswick Stat Holidays 2022

There are eight paid holidays in New Brunswick. These are:

New Year’s Day January 1, 2022
Family Day February 21, 2022
Good Friday April 15, 2022
Canada Day July 1, 2022
New Brunswick Day August 1, 2022
Labour Day September 5, 2022
Remembrance Day November 11, 2022
Christmas Day December 25, 2022

 

Employees who qualify for paid holidays in New Brunswick and work on the stat holiday must receive their regular’s day’s pay plus 1.5 times their regular wage rate for the hours worked on that day. Employees who don’t work on a public holiday must receive their regular day’s pay for that day.

Get expert advice on stat holiday pay with Peninsula

Ask Peninsula for a stat holiday pay and entitlement policy that’s custom-made for your business. Our experts can help you with company policies, and with any other HR, health & safety, or employee management advice you may need. To learn more about how our services can benefit your business, call an expert today at 1 (833) 247-3652.

Is September 19 a national holiday in Canada?

Yes. The government of Canada has declared September 19 as a federal holiday and a day of mourning for Queen Elizabeth II. It will be a holiday for federal government employees.

Is September 19 a statutory holiday in New Brunswick?

No. It is a one-time provincial holiday for provincially regulated employees. New Brunswick will observe September 19 as a day of mourning for Queen Elizabeth II. Provincial government offices and public schools will stay closed on this day. The provincial holiday is optional for private sector businesses and employers.

Do all employees qualify for stat holiday pay?

No. Those employed in certain industries (for instance, professionals, house and car salespersons) do not qualify for stat holiday pay.

What are prescribed days of rest in New Brunswick?

New Brunswick’s Days of Rest Act lists specific days during the year that businesses must stay closed. These include the weekly day of rest (Sunday), the eight New Brunswick stat holidays and Victoria Day, Thanksgiving Day, and Boxing Day.

The 11 prescribed days of rest in New Brunswick are:

New Year’s Day January 1, 2022
Family Day February 21, 2022
Good Friday April 15, 2022
Victoria Day May 23, 2022
Canada Day July 1, 2022
New Brunswick Day August 1, 2022
Labour Day September 5, 2022
Thanksgiving Day October 10, 2022
Remembrance Day November 11, 2022
Christmas Day December 25, 2022
Boxing Day December 26, 2022

How are stat holidays different from the prescribed days of rest?

The eight New Brunswick stat holidays are covered by the Employment Standards Act. These stat holidays are also “prescribed days of rest”.

There are also three prescribed days of rest (Thanksgiving Day, Victoria Day, and Boxing Day) that are not “paid public holidays” under the ESA.

Retail businesses are required to be shut on the 11 prescribed days of rest and the weekly day of rest (Sunday). Certain retail businesses are exempted from this requirement and can open on Sunday.

What happens if a retail business required to close operates on a prescribed day of rest?

A violation of the Days of Rest Act can lead to fines from a minimum of $140 to a maximum of $1,070.

Is there another option for employers than paying the employee a regular day’s pay if they qualify for a stat holiday?

Yes. The employer can pay the employee an additional 4% (as of January 1st, 2018) of all of the employee’s gross wages. This would be in lieu of a regular day’s pay for an employee who qualifies for a stat holiday.

Besides paying 4% of the employee’s wages, the employer is also required to pay the employee 1.5 times his regular rate of pay for the hours worked on each holiday.

Can an employer and employee make an agreement to substitute the paid stat holiday with another day?

Yes. Such an agreement may be made. However, the substituted day off must be taken by the employee no later than the employee’s next vacation period. The employer is also required to record that substituted day off in the payroll records as the public holiday.

If the business is a “continuous operation”, such as a hotel, restaurant, or a tourist resort, the employer may substitute the paid stat holiday without the agreement of the employee on their first working day immediately after their next vacation. The employer can also substitute the paid stat holiday with the agreement of the employee on another working day and pay the employee their regular wages for that day.

How to manage entitlements related to stat holidays

As an employer, it is important that you understand how to correctly manage statutory holiday pay to avoid being fined. You should create a clear and comprehensive policy on statutory holiday pay and include it in your employee handbook. This will help your employees know who qualifies for stat holiday pay and who doesn’t.

Does your employee handbook include a policy for statutory holiday time off?

It is important that employers manage stat holiday pay and entitlements correctly. Peninsula’s experts can help you draft a stat holiday pay and entitlement policy tailored to your business. To learn more about how our services can help your business succeed, call us today at 1 (833) 247-3652.