In Newfoundland and Labrador, overtime calculation follows the Labour Standards Act and the Labour Standards Regulations. They set a minimum: your policy or collective agreement can offer more, never less.
Updated October 9, 2026, based on the Labour Standards Act and the Labour Standards Regulations as consolidated to July 7, 2026.
When does an hour become overtime?​
The standard work week is 40 hours (Regulations, section 5). Each hour beyond it is overtime (Act, section 25). The week is a seven-day period that the employer designates and uses consistently; otherwise, it starts at midnight between Saturday and Sunday (Act, sections 21 and 21.1; Regulations, section 5(2)).
The threshold is weekly. A 10-hour day does not create overtime if the week stays under 40 hours.
How is it calculated?​
The minimum overtime rate is one and a half times the minimum wage (Regulations, section 9(4)). The minimum wage, adjusted every April 1 (Regulations, section 8(4)), has been $16.35 since April 1, 2026, according to the government, so the minimum overtime rate is $24.53 an hour.
The premium is based on the minimum wage, not on the employee's regular wage.
Example: a program leader paid $17 an hour works 44 hours in a week. The first 40 hours are paid at $17 and the next 4 at no less than $24.53, for $680 + $98.12 = $778.12.
Example: a coordinator paid $26 an hour works 44 hours. Her regular wage is already above $24.53: by paying all 44 hours at $26, or $1,144, the employer meets the legal minimum. Any premium beyond that is up to your policy or collective agreement.
State in your work policy the rate you pay for hours over 40, and who approves them.
See it with your own rules
Feuille de temps calculates, on every timesheet, the hours over the weekly threshold set for your organization, and keeps each employee's overtime bank balance.
Are there exceptions?​
- Shift swaps: when an employee agrees with a co-worker to swap shifts and the employer approves a written request, the resulting hours over 40 do not earn the overtime rate (Act, section 25.1).
- Farming and livestock: farm work, other than in greenhouses and nurseries, and raising livestock are excluded (Regulations, section 9(6)).
- Live-in workers: a live-in housekeeper or babysitter who gets paid time off for hours over 40 is also excluded (Regulations, section 9(6)).
If in doubt, check your situation with the Labour Standards Division of Newfoundland and Labrador.
Can overtime be taken as time off?​
Yes, if the employer and the employee agree (Act, section 25(2)). Each hour of overtime gives one and a half hours of paid time off: 4 hours of overtime give 6 hours off.
The time off is taken within three months of the week in which the overtime was worked, or within 12 months if the employee agrees. If employment ends first, the hours are paid at the overtime rate (section 25(3)).
Record the week each banked hour comes from, and whether the employee agreed to the 12-month period.
What happens on a public holiday?​
A public holiday not worked is paid at the employee's hourly rate times their average daily hours over the three previous weeks (section 15). This does not apply in the first 30 days of employment, or to an employee who is absent without cause on the workday before or after (section 19).
If the employer and the employee agree that they will work on the holiday, the employee chooses between double pay for the day, a paid day off within 30 days, or an extra day added to their vacation (section 17). Our article on statutory holidays in Canada lists this year's dates.
How many sick days are there?​
After 30 days of continuous employment, an employee is entitled to seven days of unpaid leave per year, for sickness or family responsibilities (section 43.11). For family responsibility leave of three or more consecutive days, they give the reason in writing. Unused days expire at the end of the year.
If your organization pays sick days, state in your policy how many and whether they also cover family responsibilities.
How many weeks of vacation do employees get?​
The reference year is a continuous 12-month period that starts on the date of hire (section 8).
| Continuous employment with the same employer | Vacation | Vacation pay |
|---|---|---|
| Less than 15 years | 2 weeks | 4% of the year's wages |
| 15 years or more | 3 weeks | 6% of the year's wages |
The right to vacation requires working at least 90% of the normal hours in the year (section 8(1)). Otherwise, the employee is not entitled to the time off but receives vacation pay of 4% or 6% within one week after the end of the year (section 9). Vacation must be given within 10 months after the reference year, with at least two weeks' written notice, and vacation pay is due at least one day before it starts (sections 8(4) and 10). A public holiday during the vacation extends it by one day.
Example: a part-time support worker worked 70% of the normal hours and earned $22,000 during the year. She is not entitled to the two weeks off but receives $880 in vacation pay.
Each year, flag the employees who reach 15 years of continuous employment: their vacation moves to three weeks and their vacation pay to 6%.
Sources​
- Labour Standards Act, House of Assembly of Newfoundland and Labrador
- Labour Standards Regulations, House of Assembly of Newfoundland and Labrador
- Minimum wage increase effective April 1, 2026, news release of February 26, 2026, Government of Newfoundland and Labrador
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, the overtime bank, vacation and sick banks, and percentage-based vacation. To set the threshold, see [overtime premiums](/docs/tutorial-admin/heures-supplementaires-majorees). The rules next door are in our articles on [Nova Scotia](/blog/heures-supplementaires-ne) and [Quebec](/blog/heures-supplementaires-qc).Frequently asked questions
When does overtime start in Newfoundland and Labrador?
After 40 hours in a week. There is no daily threshold.
What is the minimum overtime rate in Newfoundland and Labrador?
One and a half times the minimum wage, or $24.53 an hour since April 1, 2026, according to the government. The calculation is based on the minimum wage, whatever the employee's regular wage.
Can overtime be taken as time off in Newfoundland and Labrador?
Yes, if the employer and the employee agree. Each hour of overtime gives one and a half hours of paid time off, to be taken within three months, or within 12 months if the employee agrees.
Are sick days paid in Newfoundland and Labrador?
No. After 30 days of employment, the Act provides seven unpaid days per year for sickness or family responsibilities.
How many weeks of vacation do employees get in Newfoundland and Labrador?
Two weeks with vacation pay of 4% of the year's wages, then three weeks and 6% after 15 years of continuous employment with the same employer.