In New Brunswick, overtime is governed by the Employment Standards Act and its Minimum Wage Regulation. They set a minimum: your policy or collective agreement can offer more, never less.
Updated October 9, 2026, based on the Employment Standards Act as consolidated to June 12, 2026 and Minimum Wage Regulation 2022-15.
When does an hour become overtime?​
The minimum wage covers at most 44 hours of work per week (Regulation 2022-15, section 5). Beyond that, each hour is overtime (Act, section 1) and must be paid at least one and a half times the minimum wage (Regulation 2022-15, section 9). The minimum wage, indexed every April 1 (Regulation 2022-15, section 6), has been $15.90 since April 1, 2026, according to the department: the minimum overtime rate is therefore $23.85 an hour.
The threshold is weekly. A 10-hour day does not create overtime if the week stays under 44 hours.
How is overtime calculated?​
The premium is calculated on the minimum wage, not on the employee's regular wage.
Example: a program worker paid $16 an hour works 46 hours in a week. The first 44 hours are paid at $16 and the next 2 at no less than $23.85, for $704 + $47.70 = $751.70.
Example: a coordinator paid $24 an hour works 46 hours. Her regular wage is already above $23.85: by paying all 46 hours at $24, or $1,104, the employer meets the legal minimum. Any premium beyond that is a matter for your policy or collective agreement.
Do hours worked on a public holiday count?​
No. Hours worked on a public holiday are left out of that week's overtime calculation (section 19(2)). They are paid at least one and a half times the regular rate, plus holiday pay if the employee is entitled to it (section 19(1)). Our article on public holidays in Canada lists this year's dates.
State in your work policy what rate you pay for hours beyond 44, and who approves them.
See it with your own rules
Feuille de temps calculates the hours beyond the weekly threshold set for your organization, on every timesheet, with the multiplier from your policy.
Who is subject to different rules?​
- Residential summer camps: counsellors and program staff at a camp run by a charitable or non-profit organization that has notified the Director of Employment Standards fall under a separate regulation that sets a weekly minimum wage (Regulation 2019-3).
- Provincial construction contracts: building, road and bridge construction under a provincial contract has its own rates and thresholds, including 50 hours for roads and bridges (Regulation 2007-34).
- Athletes: excluded from sections 9 to 17 of the Act while taking part in activities related to their sport (Regulation 85-179, section 2.1).
The Director can also grant an employer an exemption on application (section 8). If in doubt, check your situation with New Brunswick Employment Standards.
Can overtime be taken as time off?​
The Act does not provide for time off in place of payment: the regulation requires each hour beyond 44 to be paid at the minimum overtime rate. The department states on its employment standards page that banking hours is not permitted.
A public consultation on the minimum wage, closed on October 9, 2026, also asked for input on the overtime rate. The government plans to release a summary in December 2026. Until then, the rules above apply.
How many sick days are employees entitled to?​
After 90 days of employment, an employee can take up to five days of sick leave per 12-calendar-month period (section 44.021(1)). These days are unpaid. For an absence of four or more consecutive calendar days, the employer can ask for a certificate from a medical practitioner, nurse practitioner or midwife (section 44.021(2)).
The Act also provides:
- three unpaid days per 12-month period for the health, care or education of a close family member (section 44.022);
- up to 27 unpaid weeks within 52 weeks for long-term illness or injury, after 90 continuous days of employment (section 44.029).
If your organization pays sick days, write in your policy how many days, and after how long on the job.
How many weeks of vacation do employees get?​
The vacation pay year runs from July 1 to June 30 (section 24(2)). Vacation must be given no later than four months after that year ends (section 24).
| Continuous employment | Vacation | Vacation pay |
|---|---|---|
| Less than 8 years | 2 regular work weeks, or 1 day per month worked if that is less | 4% of the year's wages |
| 8 years or more | 3 regular work weeks, or 1¼ days per month worked if that is less | 6% of the year's wages |
Vacation pay is due at least one day before the vacation begins (section 25). If employment ends before the end of the vacation pay year, it is paid with the final pay (section 26).
Example: a support worker hired on October 1, 2025 has worked 9 months in the year ending June 30, 2026. She is entitled to 9 days of vacation, less than two regular five-day weeks, with vacation pay of 4% of the wages earned over those 9 months.
Each year, flag the employees who reach 8 years of continuous employment: their vacation moves to three weeks and their vacation pay to 6%.
Sources​
- Employment Standards Act, New Brunswick Acts and Regulations
- Minimum Wage Regulation 2022-15
- Minimum wage, overtime and minimum pay for reporting for work, Government of New Brunswick
- Minimum wage to increase to $15.90 per hour, news release of February 11, 2026, Government of New Brunswick
- Minimum wage consultation, Government of New Brunswick
Feuille de temps​
Feuille de temps is timesheet software built for non-profits. Once we have set up your rules with you, it calculates daily and weekly overtime, vacation and sick banks, and percentage-based vacation. To set the threshold, see [overtime premiums](/docs/tutorial-admin/heures-supplementaires-majorees).Frequently Asked Questions
When does overtime start in New Brunswick?
After 44 hours in a week. The Act sets no daily threshold.
What is the minimum overtime rate in New Brunswick?
One and a half times the minimum wage, which is $23.85 an hour since April 1, 2026. The calculation starts from the minimum wage, whatever the employee's regular wage.
Can overtime be banked as time off in New Brunswick?
The Act does not provide for time off in place of payment, and the department states that banking hours is not permitted.
Are sick days paid in New Brunswick?
No. The Act provides up to five days of unpaid sick leave per 12-month period, after 90 days of employment.
How many weeks of vacation do employees get in New Brunswick?
Two weeks and 4% vacation pay before 8 years of continuous employment, three weeks and 6% from 8 years.