New Brunswick Employment Laws
Your guide to provincial workplace rights under the Employment Standards Act
Content last verified against official statutes: March 30, 2026
Am I Provincially Regulated?
You are covered by New Brunswick employment law if you work for a private employer in New Brunswick whose business does not fall under federal jurisdiction. Most workers in retail, hospitality, construction, healthcare, manufacturing, and other private sectors are covered.
Federal jurisdiction applies to interprovincial transportation, telecommunications, banking, and similar industries. If your employer falls under federal jurisdiction, see the Federal Employment Standards guide.
Key difference from federal:
New Brunswick's Employment Standards Act uses a 44-hour weekly overtime threshold, similar to Ontario but different from the federal 40-hour standard.
Overtime
In New Brunswick, you must be paid overtime after 44 hours per week. Overtime is paid at 1.5 times your regular wage rate. Some positions are exempt from overtime rules, including managers, professionals, and certain other roles.
Your employer must clearly communicate any exemptions. The 44-hour threshold is higher than federal standards.
Key difference from federal:
New Brunswick's 44-hour threshold allows 4 additional hours per week before overtime, compared to the federal 40-hour standard.
Sick Leave
New Brunswick provides 5 unpaid days per year for sick leave, available after 90 days of continuous employment. These days are unpaid and must be used for legitimate illness or medical appointments.
If you have worked for your employer for less than 90 days, you may not be entitled to statutory sick leave. Check your employment contract for additional protections.
Key difference from federal:
New Brunswick provides 5 unpaid sick days after 90 days employment, whereas federal employees have paid sick leave protections.
Termination & Severance
Termination notice requirements depend on your length of service:
- 6 months to 2 years: 2 weeks notice
- 2-5 years: 2 weeks notice
- 5+ years: escalating notice requirements up to 8 weeks
Severance pay is not required under New Brunswick law. Your employer must provide written notice or pay in lieu of notice.
Key difference from federal:
New Brunswick's termination notice requirements are based on length of service, with a minimum 6-month threshold before any notice is required.
Reprisal Protection
New Brunswick law protects you from reprisal if you file a complaint, refuse unsafe work, take protected leave, or participate in investigations. Your employer cannot fire, demote, or punish you for these actions.
If you believe you have faced reprisal, document all incidents and contact the Department of Labour immediately.
Key difference from federal:
New Brunswick provides reprisal protections through the Department of Labour and Human Rights Commission.
Harassment
Harassment at work, including sexual harassment, discrimination based on protected grounds, and workplace violence, are prohibited under New Brunswick's Human Rights Act and Employment Standards Act.
Your employer must maintain a respectful workplace and investigate complaints promptly. Protected grounds include race, color, religion, sex, sexual orientation, gender identity, marital status, family status, disability, age, and political belief.
Key difference from federal:
New Brunswick's Human Rights Act includes political belief as a protected ground, with enforcement through the New Brunswick Human Rights Commission.
Filing Complaints
You can file a complaint with the New Brunswick Department of Labour for violations of the Employment Standards Act. Complaints must generally be filed within 1 year of the violation.
For harassment or discrimination claims, file a complaint with the New Brunswick Human Rights Commission within 12 months of the incident.
New Brunswick Department of Labour: Phone: 1-506-453-2733, Website: www2.gnb.ca/content/gnb/en/departments/labour.html
New Brunswick Human Rights Commission: Phone: 1-506-453-2301, Website: www2.gnb.ca/content/gnb/en/departments/post-secondary_education_training_and_labour/NBHRC.html
Key difference from federal:
New Brunswick uses separate Department of Labour and Human Rights Commission bodies with distinct procedures.
Key Statutes
- Employment Standards Act, SNB 1982, c E-7.2 - Governs minimum wage, hours of work, overtime, statutory holidays, sick leave, and termination notice
- Human Rights Act, RSNB 2011, c 171 - Prohibits discrimination and harassment based on protected grounds
- Occupational Health and Safety Act - Addresses workplace safety, violence, and harassment
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.
Did this help you?
MyWorkRights.ca is free for every Canadian worker. If this information helped you, consider supporting the project. Every dollar goes toward keeping this site updated and reaching more employees who need it.
Powered by Stripe
Cite This Page
MyWorkRights.ca, "New Brunswick Employment Laws," accessed 2026-04-01, https://myworkrights.ca/provincial/new-brunswick
Written by the MyWorkRights.ca team, based on direct experience navigating the CIRB, OPC, and CHRC complaint processes and 500+ hours of employment law research.