New Brunswick Employer Rights: Sick Notes in 2026
New Brunswick employers need to balance legitimate attendance management with employee rights under the Employment Standards Act and the Human Rights Act. Here's the legal framework.
The Employment Standards Act: Basic Rules
Under the New Brunswick Employment Standards Act:
- Employees are entitled to 5 unpaid sick days per year
- Employers may request a medical certificate for absences exceeding 3 consecutive days
- For absences of 1-3 days, employers generally cannot require documentation (statutory minimum)
- Documentation must be from a "legally qualified medical practitioner"
When You CAN Require Documentation
NB employers can legally request a sick note when:
1. Absence exceeds 3 consecutive working days
2. Employee is requesting workplace accommodation for a medical condition
3. Employee is returning from extended medical leave (fitness-for-duty)
4. Collective agreement specifies documentation requirements
5. Employee has a documented pattern of suspicious absences (with prior written notice)
6. Employee is accessing short-term disability benefits
When You CANNOT Require Documentation
You cannot legally require a sick note when:
1. Absence is 3 days or fewer (statutory minimum)
2. The request is retaliatory or targets specific employees
3. You're asking for diagnostic information (only functional limitations)
4. The employee has a disability and you haven't explored accommodation
5. The request discriminates based on a protected ground
The Human Rights Act Dimension
The New Brunswick Human Rights Act protects employees from discrimination based on disability (including mental health conditions). This means:
- Disability-related absences may require accommodation, not discipline
- Attendance management programs must exclude disability-related absences from progressive discipline
- Termination for disability-related absenteeism without accommodation = discrimination
- You can request documentation confirming the need for accommodation, but not the diagnosis
Bilingual Workplace Considerations
As Canada's only officially bilingual province, NB employers should note:
- Sick notes in either English or French are legally valid
- You cannot refuse a note because it's in the "wrong" official language
- Designated bilingual workplaces should accept documentation in either language
- Online services typically provide English documentation (universally accepted)
Common Employer Mistakes in NB
1. Requiring notes for 1-day absences — Violates Employment Standards Act
2. Asking "what's wrong?" — You're not entitled to diagnostic details
3. Refusing online/telehealth notes — Legally identical to walk-in clinic notes
4. Different rules for different employees — Inconsistency = discrimination risk
5. Not having a written policy — Unwritten rules are unenforceable
6. Punishing sick leave use — Cannot count legitimate sick days against performance
Best Practices for NB Employers
| Do | Don't |
|----|-------|
| Set clear written policy | Make up rules as you go |
| Apply consistently to all | Single out specific employees |
| Accept any licensed practitioner's note | Demand notes from specific doctors |
| Ask only about functional limitations | Ask about diagnosis |
| Accommodate disability-related absences | Discipline disability-related absences |
| Reimburse note costs (goodwill) | Require notes the law doesn't mandate |
Filing a Complaint (Employee Perspective)
If your employer violates NB employment standards:
1. Document the violation (emails, texts, written policies)
2. Contact NB Employment Standards: 1-888-452-2687
3. File a formal complaint within 12 months
4. If discrimination-related: file with NB Human Rights Commission
Key Takeaway
New Brunswick law is clear: no sick note required for absences of 3 days or fewer. For longer absences, any note from a qualified medical practitioner (including online telehealth) satisfies the legal requirement. Employers who over-require documentation risk Employment Standards complaints and human rights violations.
Frequently Asked Questions
Can I get a sick note online in New Brunswick?
Yes. Licensed physicians provide virtual consultations and issue valid sick notes for New Brunswick residents.
How many sick days do New Brunswick employees get?
New Brunswick provides unpaid sick leave under the Employment Standards Act. The specific entitlement depends on length of employment.
Will my New Brunswick employer accept an online sick note?
Yes. All New Brunswick employers must accept sick notes from licensed physicians, whether issued in person or through virtual care.
How fast can I get a sick note in New Brunswick?
Online services deliver most sick notes within 2-6 hours.