A leave of absence in New Brunswick is a crucial right that allows employees to take time off work for personal, family, or medical reasons without risking their job security. As part of the broader framework of leave of absence in Canada, New Brunswick’s policies vary depending on whether the employee works in the private sector, governed by the Employment Standards Act (ESA), or in the public sector, regulated by the Finance and Treasury Board Leave Policies.
In this guide, we’ll break down all the types of leave available in New Brunswick, explain their requirements, and highlight the key differences between private and public sector policies.
What is a Leave of Absence in New Brunswick
A leave of absence in New Brunswick is a period during which an employee is allowed to take time off from work, either with or without pay, to address specific circumstances such as illness, pregnancy, bereavement, or family responsibilities.
In New Brunswick, the Employment Standards Act (ESA) sets the minimum leave requirements for private sector employees, while public sector employees are covered by more detailed and often more generous policies under the Finance and Treasury Board.
Leave of Absence in New Brunswick – Private Sector
The Employment Standards Act (ESA) provides private sector employees in New Brunswick with access to 13 types of leave, in addition to vacation entitlements. These leaves are generally unpaid, with a few exceptions. Below is a detailed explanation of each leave type, its eligibility requirements, and the rights employees have while on leave.
Maternity Leave New Brunswick
New Brunswick Maternity Leave is designed to provide expectant mothers with the time they need to prepare for the birth of their child, recover afterward, and care for their newborn.
- Duration: Employees can take up to 17 weeks of unpaid leave, starting anytime from 13 weeks before the expected delivery date.
- Eligibility: The employee must provide their employer with a certificate from a medical practitioner, nurse practitioner, or midwife confirming the pregnancy and the expected delivery date.
- Notice Requirements: The employee must inform the employer at least four months before the expected due date, or as soon as the pregnancy is confirmed, and must also provide a minimum of two weeks’ notice before the leave officially begins.
- Job Protection: Upon returning from maternity leave, the employer must reinstate the employee to their previous position or an equivalent one with no loss of pay or benefits.
Source: Maternity leave and child-care leave – gnb.ca
Child Care Leave New Brunswick
New Brunswick Child Care Leave is available for parents, both biological and adoptive, to care for their child after birth or adoption.
- Duration: Up to 62 weeks of unpaid leave, starting no earlier than the date the child is born or placed for adoption.
- Eligibility:
- Biological parents must provide a medical certificate confirming the birth or expected delivery date.
- Adoptive parents must submit proof of adoption placement or approval under the Child and Youth Well-Being Act.
- Notice Requirements: Employees must provide at least 4 weeks’ written notice specifying the start date and duration of the leave.
- Shared Leave: If both parents are employees, they may share the 62 weeks, but the combined total cannot exceed the maximum duration.
Sick Leave New Brunswick
Sick leave provides employees with time off to recover from illness or injury.
- Duration: Employees are entitled to up to 5 days of unpaid sick leave during a 12-month period.
- Eligibility: Employees must have completed 90 days of continuous employment.
- Proof of Illness: If the leave lasts four or more consecutive days, the employer can require a certificate from a medical practitioner, nurse practitioner, or midwife confirming the employee is incapable of working.
Bereavement Leave New Brunswick
New Brunswick Bereavement Leave allows employees time to grieve and attend funeral arrangements following the death of a close family member.
- Duration: Up to 5 unpaid consecutive days.
- Eligibility: The leave must be taken during the period of bereavement and begin no later than the day of the funeral.
Compassionate Care Leave New Brunswick
Compassionate care leave is designed for employees who need to care for a family member with a serious medical condition.
- Duration: Up to 28 weeks of unpaid leave.
- Eligibility: Employees must provide a certificate from a qualified medical practitioner stating that the family member has a serious medical condition with a significant risk of death within 28 weeks.
Critically Ill Child Leave New Brunswick
Parents or family members of a critically ill child can take leave to provide care and support.
- Duration: Up to 37 weeks of unpaid leave.
- Eligibility: A qualified medical practitioner must certify that the child is critically ill and requires care or support.
Critically Ill Adult Leave New Brunswick
Employees can also take leave to care for a critically ill adult family member.
- Duration: Up to 16 weeks of unpaid leave.
- Eligibility: A medical certificate confirming the adult’s critical illness is required.
Domestic Violence, Intimate Partner Violence, or Sexual Violence Leave New Brunswick
This leave supports employees dealing with violence in their personal lives.
- Duration: Employees can take up to 10 days of leave each year. The first 5 days are paid, and the next 5 days are unpaid, but only if the employee has worked continuously for at least 90 days. Employees may also request up to 16 weeks of unpaid leave.
- Eligibility: Employees may take this leave to address the physical, emotional, or financial impacts of domestic violence, intimate partner violence, or sexual violence, including seeking medical attention, counselling, legal assistance, relocation, or other related supports.
Employees who have not completed 90 days of continuous employment are still entitled to the leave, but the days are unpaid.
Court Leave New Brunswick
Court leave ensures employees can fulfill their civic duties.
- Eligibility: Employees summoned for jury duty or as a witness are entitled to unpaid leave.
- Reimbursement: If the employer pays the employee during the leave, they may require reimbursement of jury or witness fees (excluding travel or accommodation expenses).
Family Responsibility Leave New Brunswick
Family responsibility leave allows employees to address urgent family needs.
- Duration: Up to 3 unpaid days per year.
- Eligibility: For responsibilities related to the health, care, or education of a close family member.
Death or Disappearance Leave New Brunswick
Parents grieving a child’s death or disappearance due to a crime may take this leave.
- Duration: The leave provides up to 37 weeks of unpaid time off in the event of a child’s death and up to 37 weeks of unpaid time off if a child goes missing.
- Eligibility: Employees are not eligible if they are charged with a crime.
Emergency Leave New Brunswick
Emergency leave applies during declared public emergencies.
- Eligibility: Granted during emergencies such as natural disasters, public health crises, or states of emergency declared under the Emergency Measures Act or Quarantine Act.
Leave for Members of the Reserves in New Brunswick
Members of the Canadian Forces Reserves are entitled to unpaid leave to fulfill their military duties.
- Duration: Up to 24 months within a 60-month period for service, training, or emergencies. No time limit applies for duties related to a national emergency.
- Eligibility: Employees must have at least three months of continuous employment.
- Notice Requirements: Employees must provide 4 weeks’ written notice (or as soon as possible in urgent situations) and may need to submit documentation confirming their service.
- Job Protection: Employers must reinstate employees to their previous or equivalent position upon return, with no loss of pay or benefits.
This leave ensures that Reservists can meet their military obligations while safeguarding their civilian employment.
New Brunswick Vacation Leave
New Brunswick vacation leave entitlements ensure employees have time for rest and relaxation.
- Entitlement: Employees are entitled to 2 weeks of vacation if they have less than 8 years of service, and 3 weeks of vacation once they have completed 8 or more years of service.
- Vacation Pay New Brunswick: In New Brunswick, vacation pay is calculated at 4% of an employee’s wages if they have less than 8 years of service, and 6% of wages once they have 8 or more years of service.
Leave of Absence in New Brunswick – Public Sector
The Finance and Treasury Board Leave Policies provide public sector employees in New Brunswick with more comprehensive leave options. These include six main leave types (e.g., maternity, child care, adoption) and a variety of paid leaves for personal and other reasons.
Maternity Leave New Brunswick
In New Brunswick, maternity leave is unpaid and applies to all workers equally. Some public sector employees may get extra financial support through a Supplemental Unemployment Benefit (SUB) plan. This depends on their collective agreement and the employer’s policies.
If a SUB plan is available, it may provide up to 75% of regular pay for part of the maternity leave, usually for up to 16 weeks. Eligibility requirements apply, and the SUB benefits may work alongside Employment Insurance (EI) benefits.
Child Care Leave New Brunswick
Similar to the private sector, public employees can take up to 62 weeks of unpaid leave for child care, with the possibility of paid SUB benefits for the first week.
Adoption Leave New Brunswick
Adoptive parents can take 62 weeks of unpaid leave, with 75% pay for the first 17 weeks under the SUB plan.
Sick Leave New Brunswick
Public sector employees accrue 1.25 sick days per month, up to a maximum of 240 days. Employees with insufficient credits may advance up to 15 sick days.
Jury and Witness Leave New Brunswick
Employees are entitled to paid leave for jury duty or court appearances related to their employment.
Entrepreneurial Leave New Brunswick
Employees can take up to 3 years of unpaid leave to start a business, and upon returning, they are guaranteed reemployment at an equivalent level.
Paid Leave for Personal and Other Reasons
Public employees have access to a variety of paid leaves for personal or emergency situations, including:
- Bereavement Leave: Up to 5 days for the death of an immediate family member (e.g., spouse, child, parent).
- Compassionate Leave: Up to 3 days for a seriously ill family member.
- Emergency Leave: Up to 5 days per year for medical or dental appointments or other emergencies.
- Family Leave: Up to 3 days per year for emergency care of dependents, with an additional 2 days deducted from sick leave if required.
- Funeral Leave: 1 day for the death of an aunt or uncle.
- Paternity Leave: Up to 5 working days of paid leave surrounding the birth or adoption of an employee’s child. The leave can be divided into two parts and taken on separate days.
- Pallbearer Leave: ½ day to serve as a pallbearer.
- Volunteer Leave: 1 day for volunteering with a non-profit organization.
- Voting Leave: As required to vote in elections.
New Brunswick Vacation Leave
Vacation entitlements are more generous in the public sector. Public sector employees in New Brunswick are entitled to annual vacation leave based on their years of continuous service:
Vacation Entitlement:
Employees with less than 8 years of service receive 3 weeks (15 working days) of vacation leave per year. Those with at least 8 complete years of service receive 4 weeks (20 working days) per year. Those with at least 20 complete years of service receive 5 weeks (25 working days) per year.
Carry-Over of Vacation Leave:
Employees may carry over unused vacation credits to the following year, up to the maximum permitted by departmental policies. Any carry-over that exceeds the standard limit requires management approval.
Payment for Unused Vacation:
When an employee resigns, retires, or is terminated, they will be compensated for any unused vacation leave credits. Employees who leave before the end of the fiscal year may be required to repay any vacation leave taken in advance of accrual.
Comparison Table: Private vs Public Sector Leave of Absence in New Brunswick
See how leave of absence policies differ between the private and public sectors in New Brunswick.
| Type of Leave | Private Sector | Public Sector |
|---|---|---|
| Maternity Leave | 17 weeks unpaid | 5 months unpaid, 16 weeks paid at 75% under SUB |
| Child Care Leave | 62 weeks unpaid | 62 weeks unpaid, 1 week paid at 75% under SUB |
| Adoption Leave | Covered under child care leave | 62 weeks unpaid, 17 weeks paid at 75% under SUB |
| Sick Leave | 5 unpaid days per year | 1.25 paid days/month, or 15 days per year |
| Bereavement Leave | 5 unpaid days | 5 paid days for immediate family |
| Compassionate Care Leave | 28 weeks unpaid | Same as private sector, with additional paid options |
| Jury and Witness Leave | Unpaid | Paid |
| Entrepreneurial Leave | Not available | 3 years unpaid |
| Vacation Leave | 2-3 weeks based on tenure | 3-5 weeks based on tenure |
How to Apply for a Leave of Absence in New Brunswick
Wondering how to apply for a leave of absence in New Brunswick? Here’s a simple guide for both the public and private sectors to help you through the process.
- Private Sector: Submit a written request to your employer with the required supporting documentation (e.g., medical certificates, proof of adoption).
- Public Sector: Follow the departmental approval process, which often involves submitting forms to supervisors and obtaining approval from the Deputy Head or designate.
For more information on leave policies across Canada, explore related articles to compare provisions and employee rights in these provinces:
- Leave of Absence in Alberta
- Leave of Absence in British Columbia
- Leave of Absence in Ontario
- Leave of Absence in Quebec
- Leave of Absence in Nova Scotia
- Leave of Absence in Saskatchewan
FAQs About Leave of Absence in New Brunswick
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Summary
New Brunswick’s leave of absence policies aim to balance workplace needs with employee well-being. While the private sector provides basic unpaid leave entitlements, the public sector offers more generous and flexible options, including paid leave. By understanding your rights and responsibilities, you can make informed decisions about taking time off when needed.
