New Brunswick's Employment Standards Act sets the minimum rules for most provincially regulated workplaces: a minimum wage of $15.90 an hour from 1 April 2026, overtime after 44 hours a week, at least 3 hours' pay when called in, written notice of two or four weeks before termination, and paid holidays and vacation.
The act applies to part-time, full-time and casual employees alike, including seasonal and construction workers. Employers can offer more but never less. Here are the core standards in one place, from the province's employment standards pages as they read in October 2026.
Who the act covers, and who it doesn't
- Covered: most provincially regulated employees. The act doesn't distinguish between part-time, full-time and casual staff.
- Unionised employees: covered through their collective agreement, which must provide at least the minimum standards.
- Not covered: federally regulated work such as banks, railways, pipelines, radio and television, which falls under the Canada Labour Code.
- Not covered: people working in a private home for the homeowner, independent contractors and, in some cases, workers on small family farms.
Pay and overtime
| Standard | Rule as of October 2026 |
|---|---|
| Minimum wage | $15.90 per hour from 1 April 2026, adjusted in line with New Brunswick's Consumer Price Index |
| Minimum overtime rate | $23.85 per hour, one and a half times the minimum wage |
| Overtime threshold | Hours beyond 44 in a work week |
| Banking overtime | Not permitted |
| Salary, commission and piece work | Must still reach the minimum wage for every hour worked |
Here's the detail that surprises people from other provinces. The overtime rule in New Brunswick is a minimum overtime rate, set at one and a half times the minimum wage, not one and a half times each employee's own rate. Employers can also require overtime, but they can't bank it as time off.
The 3-hour reporting rule
An employee who reports for work as scheduled or requested must be paid the greater of three hours at the minimum wage (or minimum overtime rate) and the hours worked at their regular rate. To qualify, the employee must earn less than twice the minimum wage and normally work shifts of more than three consecutive hours. The rule doesn't apply to split shifts that add up to more than three hours in the day.
Notice of termination
| Length of service | Minimum written notice (or pay instead) |
|---|---|
| Less than six months | None |
| Six months to under five years | Two weeks |
| Five years or more | Four weeks |
Dismissal for cause needs the reasons in writing. If an employer doesn't give them, the province treats it as a termination and, for staff with six months' service or more, notice pay becomes due. There are exceptions, including the end of a definite task of up to 12 months, normal seasonal closures, retirement under an established plan and construction work. Laying off more than ten employees in a four-week period, where they're at least 25% of the workforce, needs six weeks' notice to the minister and the employees. Employees don't have to give notice when they quit.
Holidays, vacation and leave
- Eight paid public holidays, with a 90-day qualifying rule.
- Vacation pay of 4% of gross wages for under eight years of service, and six per cent after eight years, paid at least one day before the vacation starts.
- Vacation can be taken after a year of service and must be given within four months of being earned. The employer can set the start date with at least one week's notice if you can't agree.
- Other unpaid leaves include critical illness leave and leave related to intimate partner and sexual violence, alongside maternity and parental leave.
If you employ people in more than one province, compare these rules with my guide to statutory holidays in BC, and see my New Brunswick minimum wage guide for how the rate rises each April.
Making a complaint
Employees who think their employer is breaking the act are encouraged to contact the Department of Post-Secondary Education, Training and Labour, which runs the Employment Standards Branch and handles complaints.
Unpaid leaves at a glance
The act recognises 11 types of leave, all unpaid by the employer, and an employee on any of them is treated as continuously employed. Employers can't dismiss, lay off or penalise someone for reasons arising from the leave alone. A few of the most used:
| Leave | Length | Key condition |
|---|---|---|
| Sick leave | Up to 5 days in a 12-month period | More than 90 days with the same employer; a medical certificate can be required for 4 or more consecutive days |
| Family responsibility leave | Up to 3 days a year | Health, care or education needs of a close family member |
| Bereavement leave | Up to 5 consecutive days | Must start no later than the day of the funeral |
| Compassionate care leave | Up to 28 weeks | Medical note; taken in blocks of at least a week; no length of service requirement |
Workers under 16
An employer who wants to hire a child under 16 can apply to the Employment Standards Branch for authorisation. Children under 16 can't work more than three hours on a school day or spend more than a combined eight hours at school and work, and they can't work anywhere likely to harm their health or development.
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Nova Scotia sets its own minimums under a different code, and Nova Scotia's employment standards covers them.
My verdict
If you employ people in New Brunswick, the rules most often missed are the 44-hour overtime threshold, the ban on banking hours and the 3-hour call-in minimum. Put the April rate change in your payroll calendar, give notice in writing every time, and keep records, because the burden of proving notice or cause sits with you.
The dates and the qualifying test for each holiday are in the New Brunswick holiday list.
Frequently asked questions
What is the minimum wage in New Brunswick?
$15.90 per hour from 1 April 2026, with a minimum overtime rate of $23.85 per hour, as of October 2026.
When does overtime start in New Brunswick?
After 44 hours in a work week. Overtime hours must be paid at least at the minimum overtime rate and can't be banked.
How much notice does an employer have to give in New Brunswick?
None under six months' service, two weeks from six months to under five years, and four weeks after five years, in writing or as pay instead.
Does New Brunswick employment standards law cover casual workers?
Yes. The act doesn't distinguish between part-time, full-time and casual employees, and covers seasonal and construction workers too.
