Can My Employer Require a Sick Note in New Brunswick? (2026 Rules)

New Brunswick updated its sick note rules in 2026. Here's when your employer can and can't demand a doctor's note, including special rules for Irving, McCain, and other major NB employers.

Can Your New Brunswick Employer Legally Require a Sick Note?

New Brunswick's Employment Standards Act was amended effective January 2026 to limit when employers can demand medical documentation. Here's what every New Brunswick worker needs to know.

New Brunswick's 2026 Sick Note Rules

Under the amended Employment Standards Act:

  • 1–5 consecutive days absent: Your employer cannot require a sick note

  • 6+ consecutive days absent: Your employer can request medical documentation

  • Paid sick leave: NB introduced 5 paid sick days (after 90 days of employment) in 2026

  • Unpaid sick leave: Up to 27 weeks for serious illness (EI-eligible)


This was a major change for New Brunswick, which previously had no statutory restriction on sick note requests.

What This Means for NB's Major Employers

New Brunswick's economy is dominated by a few large employers. Here's how the new rules affect workers at each:

J.D. Irving Limited (Irving Oil, Irving Pulp & Paper, Irving Shipbuilding)

  • Irving employs 18,000+ workers across New Brunswick

  • Previously had strict documentation policies (note required for any absence at many divisions)

  • Must now comply with the 5-day threshold

  • Safety-sensitive positions (refinery, shipyard) may still require fitness-for-duty clearance

  • Union employees (Unifor, IBEW) should check their collective agreement


McCain Foods
  • Major employer in Florenceville-Bristol and Grand Falls

  • Food safety regulations may require additional documentation for food-handling positions

  • Standard sick leave rules apply for non-food-safety roles


Government of New Brunswick (GNB)
  • Provincial public servants follow the collective agreement (CUPE/NBU)

  • Generally aligns with Employment Standards minimums

  • Part 1 employees (management) follow GNB HR policies


Horizon Health Network / Vitalité Health Network
  • Healthcare workers may have stricter requirements due to patient safety

  • Communicable disease protocols may require clearance before return

  • Check your specific collective agreement (NBNU, CUPE)


University of New Brunswick / Université de Moncton
  • Academic staff follow collective agreements (AUNBT, ABPPUM)

  • Support staff follow Employment Standards

  • Student employees follow standard rules


The Bilingual Factor

New Brunswick is Canada's only officially bilingual province. This affects sick notes in several ways:

  • Right to service in either language: You can request your sick note in English or French

  • Bilingual employers: Government and healthcare employers must accept documentation in either official language

  • French-speaking physicians: Available through MedLetter for francophone patients who prefer French documentation

  • Vitalité Health Network: Serves francophone communities; documentation issued in French


Pattern Absences in New Brunswick

NB's 2026 amendments include a pattern absence provision:

  • Employer must document a pattern (3+ absences on same day/pattern within 6 months)

  • Must provide written notice to the employee

  • After notice, can request documentation for future pattern absences

  • The pattern must be genuine — not just "you've been sick 3 times this year"


Federally Regulated Workers in NB

If you work for a federally regulated employer, the Canada Labour Code applies:

  • NB Power (Crown corporation — provincial rules apply)

  • Irving Oil refinery (provincial — not federally regulated)

  • Port of Saint John (federal)

  • CN Rail / Irving rail operations (federal)

  • Telecommunications (Bell, Rogers) (federal)

  • Banks (federal)


Federal rules: sick note can be requested after 3+ consecutive days absent.

How to Get a Sick Note in New Brunswick

| Option | Cost | Wait | Availability |
|--------|------|------|--------------|
| MedLetter (online) | $49 | Same day | 24/7, English & French |
| Walk-in clinic (Moncton) | Free | 2–3 hours | Weekday business hours |
| Walk-in clinic (Saint John) | Free | 2–4 hours | Limited hours |
| Walk-in clinic (Fredericton) | Free | 2–3 hours | Weekday business hours |
| Family doctor | Free | 2–5 day wait | If you have one |
| Tele-Care 811 | Free | N/A | Cannot issue sick notes |

Your Rights If Your Employer Violates the Rules

If your employer demands a sick note for an absence under 5 days:

1. Cite the law: Reference the Employment Standards Act, Part III, Division 2
2. Put it in writing: Email documenting the request and applicable legislation
3. File a complaint: NB Employment Standards — 506-453-2725 or 1-888-452-2687
4. Document retaliation: Any negative consequence for asserting your rights is illegal

Key Takeaway

New Brunswick's 2026 rules protect you from unnecessary sick note requests for short absences. Whether you work at Irving, McCain, the provincial government, or a small business in Moncton, your employer cannot require documentation for absences of 5 days or fewer. When you do need a note, MedLetter provides same-day documentation from CPSNB-registered physicians in English or French — no clinic wait required.