1) What is Minimum Wage in New Brunswick?

As of July 1, 2006 minimum wage is $6.70 per hour.

2) When is an employee entitled to Overtime Pay?

An employee must be paid time and one half of minimum wage after forty-four (44) hours in a week. As of July 1st, 2006 time and one half of minimum wage is equal to $10.05 per hour. Employees who earn more than $10.05 per hour are not subject to minimum wage legislation under the Act.

3) Is an employee entitled to a break?

Breaks are administered by the Workplace Health, Safety, and Compensation Commission, and fall under the Occupational Health and Safety Act. For more information, please call 1-800-222-9775 or visit their website at www.whscc.nb.ca.

4) Employment Insurance Benefits and the Record of Employment

Employment Insurance Benefits and the Record of Employment are the responsibility of the Federal Government (Service-Canada). For more information, please call 1-800-206-7218 or visit their website at www.servicecanada.gc.ca.

5) Discrimination/Sexual Harassment/Harassment.

Any questions about discrimination or harassment at the workplace should be directed to the New Brunswick Human Rights Commission. For further information, look in the blue pages of your telephone directory - Province of New Brunswick - Human Right Commission, or visit their website at www.gnb.ca/hrc-cdp.

6) What is Vacation Pay and how much Vacation Time is an employee entitled to?

All part-time, full-time, and casual employees who have been employed between 0 - eight (8) years are entitled to four percent (4%) vacation pay and up to two (2)weeks vacation per year. Employees who have been employed for eight (8) or more continuous years with an employer are entitled to six percent (6 %) vacation pay and up to three (3) weeks vacation per year.

7) What are the Paid Public Holidays in New Brunswick?

There are seven (7) paid public holidays in New Brunswick: New Years Day, Good Friday, Canada Day, New Brunswick Day, Labour Day, Remembrance Day, and Christmas Day. All other holidays are not considered paid public holidays under the Employment Standards Act, and therefore, public holiday rules do not apply.

8) Who qualifies for Paid Public Holiday pay?

All employees who work on a paid public holiday are entitled to time and one half of their hourly wage rate for the hours worked on the holiday. Employees are also entitled to an average days pay for the holiday if they qualify.

In order to qualify, the employee must:

1) have been in the employ of the employer for at least ninety (90) calendar days in the twelve months before the paid public holiday;

2) have worked his/her scheduled shift before and after the paid public holiday;

3) report to and work his/her scheduled shift on the paid public holiday, unless there is a good reason for not doing so, if s/he agreed to work on the paid public holiday;

4) not be employed under a continuous arrangement whereby the employee can decide when to work or not to work.

9) Who is entitled to receive notice of layoff/termination?

Employees who have been employed less than six (6) months are not elegible under the Act to any notice of layoff/termination or any pay in lieu of notice. Employees employed six (6) months or more and less than five (5) years are entitled to two (2) weeks written notice of a layoff/termination, or two (2) weeks pay in lieu of notice. Employees employed five (5) years or more are entitled to four (4) weeks written notice or four (4) weeks pay in lieu of notice.

10) How does an employer dismiss an employee for cause?

An employer is required to provide the employee with the reasons in writing for the dismissal if s/he has been employed for six (6) months or more.

11) Does an employer need "just cause" to dismiss an employee?

An employer may dismiss an employee for cause at any time and for any reason, with some exceptions. For example, an employer is prohibited from dismissing an employee for taking any leave protected under the Employment Standards Act, or for placing a complaint under the Employment Standards Act.

12) Who is entitled to Sick Leave?

Employees who have been employed for over ninety (90) calendar days are entitled to five (5) unpaid sick days per year. After three (3) consecutive days of absence due to sickness, an employer may request a doctor's certificate.

13) What are the Maternity Leave and Child Care Leave standards?

Maternity Leave is an unpaid leave for the mother of up to seventeen (17) weeks. Child Care Leave is an unpaid leave of up to thirty-seven (37) weeks, and can be shared between the parents. The combined total of Maternity Leave and Child Care Leave taken by one or both parents cannot total more than fifty-two (52) weeks. An employer must allow an employee to return to work, in the same or similar postion, after taking either of these leaves.