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New Brunswick - Compensation & Benefit Legislation

NEW BRUNSWICK - AASHOWME

Demonstrates www.BenefitsReview.com™ site. Illustrates insurance carriers coverages within the Province.

 

NEW BRUNSWICK - BEREAVEMENT LEAVE

The Employment Standards Act provides for a one-day unpaid leave on the death of an employee's grandfather, grandmother, brother, sister, brother-in-law, sister-in-law, father-in-law, or mother-in-law, to be taken on the day of the funeral. The Act also provides for a three-day unpaid leave on the death of an employee's wife, husband, child, adopted child, father, mother or guardian to be taken no later than the day of the funeral.

 

NEW BRUNSWICK - COST-OF-LIVING

ERI's Relocation Assessor™ is a recommended source for U.S./Canadian cost-of-living and U.S. Automobile Cost Survey.

 

NEW BRUNSWICK - GARNISHMENTS

Garnishment of wages, except for maintenance and support orders, is not permitted.

 

Maintenance and Support Orders - The employee has three options when a support order has been filed against him/her:

 

  1. Within 14 days make an arrangement with the employer to pay the order out of wages,

  2. request the court to make payment out of an alternative source,

  3. provide security to the court equal to three months of support.

 

Wage assignment - Wage assignments are not allowed in New Brunswick.

 

NEW BRUNSWICK - GROUP HEALTH CODE ADDITIONS

Eligibility - Eligible upon registration in the plan. The plan is optional.

 

Waiting Period - If coming from outside Canada, eligibility is upon arrival. If coming from within Canada, there is a three month waiting period.

 

Premiums - there are no premiums.

 

NEW BRUNSWICK - HOLIDAYS

New Year's, Good Friday, Canada Day, New Brunswick Day (1st Monday in August), Labour Day, Christmas Day.

 

Holiday Pay: Time + 1/2 plus regular pay or regular pay plus alternative day.

 

(New Brunswick Labour Standards)

 

NEW BRUNSWICK - LEAVES OF ABSENCE

Child Care Leave - Like parental and/or adoption leave. Employee, male or female, 12 weeks of unpaid leave upon birth or adoption.

 

Bereavement Leave - One day of unpaid leave for relatives, 3 days for immediate family members, i.e spouse or children or parents.

 

NEW BRUNSWICK - MINIMUM AGE

Minimum age in New Brunswick is 16. No person under 16 may be employed:

  1. where it is harmful to health, welfare, or moral or physical development,

  2. for more than six hours a day,

  3. for more than 3 hours in a school day,

  4. from 10 at night to 6 in the morning.

 

In addition, no person under 14 may be employed in:

  1. an industrial undertaking,

  2. the forest industry,

  3. a garage or service station,

  4. the construction industry,

  5. a hotel or restaurant,

  6. a theater, dance hall, or shooting gallery,

  7. as an elevator operator.

 

NEW BRUNSWICK - MINIMUM REMUNERATION

Minimum Remuneration: $5.90 per hour (effective July 1, 2001).

 

Minimum Daily Remuneration: not specified.

 

Overtime: Time + one-half over 44 hours per week.

 

(New Brunswick Labour Standards)

 

NEW BRUNSWICK - PARENTAL LEAVE

Maternity Leave: 17 weeks.

 

Parental Leave: Each parent: 12 weeks.

 

(New Brunswick Labour Standards)

 

NEW BRUNSWICK - PENSION PLANS

Eligibility for Membership - Employees are eligible for membership after 24 months of continuous service.

 

Vesting - Employees are vested after 5 continuous years of service.

 

Interest on Member Contributions - The rates have not been determined as yet.

 

Minimum Employer Contribution - The employer must contribute a minimum of 50% of the total pension benefit in a defined benefit plan.

 

Normal Retirement - Normal retirement date may be no later than one year after the employees 65th birthday.

 

Early Retirement - Employees may take early retirement 10 years before the normal retirement date on the basis of time employed and commuted value of pension benefits.

 

Survivor Benefits - A surviving spouse or beneficiary is entitled to 60% of the commuted value of the deceased employees pension benefits if he/she was still an active employee.

 

All pension plans must have a joint and survivor clause with a minimum of 60% continuing to the surviving spouse.

 

Portability - A terminating employee may transfer a vested right to an RRSP, to a new pension plan [if permitted] or purchase a deferred annuity.

 

NEW BRUNSWICK - PREVAILING WAGE/IMMIGRANT PAY

Neither Canada nor any of the provinces has "prevailing wage" regulations that relate to foreign workers. There is a policy in place regarding immigrants that ensures that employers first consider Canadian citizens, as well as permanent residents, and that the entry of foreign workers will not adversely affect employment or career opportunities for Canadian citizens and permanent residents. In general, the offer of employment to a foreign worker requires validation by a Human Resources Canada Centre (HRCC), except when a foreign worker is exempt through an international agreement or falls under one of the exemption categories (wages and working conditions, the employer's efforts to consider Canadian citizens as well as permanent residents, etc.). These cases must be examined by a Human Resources and Development Canada (HRDC) officer in order to grant a validation of an offer of employment. Canada does not have any salary scale established, but rather the officers consider the experience of the worker, the education, and the job market situation, unions, and job advertisements to determine whether that the pay is "acceptable Canadian wages". For more information on hiring foreign workers, refer to the Human Resources and Development Canada's web site http://www.hrdc-drhc.gc.ca/hrib/lmd-dmt/fw-te/common/a.shtml, as well as the Citizenship and Immigration Canada's web site http://www.cic.gc.ca/english/about/faq/ask%2D16e.html. These two federal departments are responsible for this policy. The former is responsible for the validation of the offer of employment; the latter is responsible for the employment authorization.

 

NEW BRUNSWICK - REMUNERATION

ERI's Relocation Assessor™ is a recommended source for U.S./Canadian wages & salaries (covering 3,000 positions).

 

NEW BRUNSWICK - TERMINATION & SEVERANCE PAY

Notice of Termination by Employer: 2 weeks after 6 months; 4 weeks after 5 years.

 

Vacation Pay Upon Termination: 4% of annual earnings.

 

(New Brunswick Labour Standards)

 

Payment Required: No later than the date the employee would have been paid if employment had continued. No longer than 21 days after termination.

 

NEW BRUNSWICK - UNEMPLOYMENT TAX

See Canadian Federal Unemployment Insurance

 

NEW BRUNSWICK - VACATION PAY

2 weeks.

 

(New Brunswick Labour Standards)

 

NEW BRUNSWICK - VOTING TIME OFF

Time Allowed: Three consecutive hours between opening and closing of poll. Act extends to railway companies and employees except those actually engaged in running trains.

 

Penalties for violation: Fine not more than $500 and costs and disqualification revoting.

 

Authority: Elections Act. R.S.N.B. 1973, c. E-3, ss. 86, 118 and 119.

 

Municipal elections: Three consecutive hours of leave must be granted.

 

NEW BRUNSWICK - WORKERS' COMPENSATION

Maximum Assessable Earnings - $42,600.

 

Waiting Periods -

Pay for day of injury - no.

Compensation for day of injury - no.

Compensation payable day after injury - after 3 days.

Waiting Period - 3 days.

 

Weekly Benefits for Temporary Disability - 80% of net earnings, 85% after 39 weeks.

 

Monthly Permanent Disability - 85% of average monthly earnings.

 

Administration: Workplace Health, Safety and Compensation Commission, 1 Portland Street, P.O. Box 160, Saint John, New Brunswick E2L 3X9.

 

(New Brunswick Labour Standards)