New Brunswick Sick Leave: 5 Unpaid Days and Your Rights Explained

New Brunswick Sick Leave Rights: A Comprehensive Guide for Employees and Employers

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Under New Brunswick's Employment Standards Act, employees who have worked for the same employer for more than 90 days are entitled to several types of leave:

* 5 unpaid sick days per 12-month period. These days are intended for personal illness or injury.
* 3 unpaid family responsibility leave days per calendar year. This leave can be used for the care, health, or education of a family member, or for other family responsibilities.
* Long-term leave for serious illness, offering up to 27 weeks of job-protected leave. This provision ensures that employees facing significant health challenges can focus on recovery without fear of losing their employment.

These provisions are outlined in the Employment Standards Act, specifically under sections related to leaves of absence. It's important to note that while these days are unpaid by law, some employers may offer paid sick leave as part of their benefits package or collective agreements. Always consult your employment contract or union representative for specific details regarding paid leave.

When Can Your Employer Ask for a Sick Note? Understanding "Reasonable Evidence"

The question of when an employer can request a sick note is a common point of confusion. New Brunswick's rules on sick note requests aim to balance employer needs with employee privacy and healthcare access challenges.

* Short absences (1-5 days): For these shorter periods, employers may request "reasonable evidence" of illness. Crucially, this "reasonable evidence" can include a statutory declaration (a sworn statement) rather than a formal medical certificate from a doctor. This provision acknowledges the difficulty some New Brunswickers face in accessing timely medical appointments for minor illnesses.
* Absences of 4+ days: When an absence extends to four or more consecutive days, employers can typically require a medical certificate from a physician or nurse practitioner. This is generally due to the increased impact of longer absences on workplace operations and the need for more formal verification of illness.
* Long-term leave: For any extended period of leave due to serious illness, comprehensive medical documentation is always required. This usually involves detailed reports from treating physicians outlining the nature of the illness, expected duration of recovery, and any limitations or accommodations needed upon return to work.

Important Legislative Update: New Brunswick is actively considering new legislation, introduced in August 2026, that aims to further restrict employer sick note requests. This proposed legislation, similar to measures already in place in Saskatchewan and Manitoba, seeks to reduce the burden on the healthcare system and employees for minor illnesses. Employees and employers alike should watch for updates on this significant development, as it could alter current practices. This legislative push reflects a growing recognition of the strain that unnecessary sick note requests place on an already stretched healthcare system.

New Brunswick's Healthcare Access Challenge: A Local Perspective

New Brunswick, despite its natural beauty and vibrant communities, faces significant barriers to healthcare access, which directly impacts an employee's ability to obtain a sick note quickly. This challenge is a critical factor in understanding the need for services like MedLetter.ca.

* Approximately 70,000 New Brunswickers are currently without a family doctor. This staggering number means a large portion of the population relies on walk-in clinics or emergency rooms for routine medical needs, including sick notes.
* Fredericton, the provincial capital, despite being a major urban center, has limited walk-in options, often resulting in 2-3 hour waits. Clinics like the Priestman Street Walk-in Clinic or the Brookside Mall Walk-in Clinic frequently experience long queues, especially during peak hours.
* Moncton, the province's largest city, offers slightly better access with more walk-in clinics such as the Elmwood Drive Medical Clinic or the Mountain Road Walk-in Clinic, but wait times of 1-3 hours are still common.
* Saint John presents a moderate level of walk-in availability, with clinics like the West Side Medical Clinic or the St. Joseph's Community Health Centre offering options, though wait times can still be unpredictable.
* Rural New Brunswick, encompassing regions like Miramichi, Bathurst, Edmundston, and Campbellton, faces extremely limited access to healthcare services. Many smaller communities may not have a walk-in clinic at all, forcing residents to travel significant distances for medical attention. For example, residents in areas surrounding Miramichi might have to rely on the Miramichi Regional Hospital's emergency department for non-urgent needs.
* Francophone communities across the province, particularly in northern and eastern New Brunswick, face additional barriers in finding French-language healthcare services. This linguistic challenge can make it even harder for individuals to communicate their symptoms effectively and obtain necessary documentation.

These access issues underscore the importance of efficient and accessible alternatives for obtaining medical documentation, especially for minor illnesses that do not require an in-person doctor's visit.

Key Industries in New Brunswick: Tailored Sick Note Needs

New Brunswick's diverse economy means its workforce has specific sick note needs, often dictated by industry regulations, company policies, and the nature of the work.

* Irving companies, The vast network of Irving businesses, including Irving Oil, J.D. Irving, and Irving Shipbuilding, employs thousands across the province. These companies are known for their strict attendance policies, often requiring medical documentation even for short absences due to their operational demands and safety protocols.
* Healthcare, Horizon Health Network and Vitalité Health Network, the province's two health authorities, are chronically understaffed. Employees in these sectors, including nurses, doctors, and support staff, face unique challenges when needing time off, as their absence directly impacts patient care. Policies for sick leave are often stringent to ensure adequate staffing levels.
* Call centres, Moncton and Fredericton are home to major call centre operations, including companies like Asurion and Salesforce. These workplaces often have performance metrics tied to attendance and adherence to schedules, making timely sick note submission critical for employees.
* Military, CFB Gagetown, one of Canada's largest military bases, and CFB Oromocto, employ a significant number of military personnel and civilian staff. The military has its own medical system and specific protocols for sick leave, which can differ from civilian employment standards.
* Forestry and agriculture, These sectors, particularly prevalent in rural New Brunswick, often involve seasonal workers. Their employment can be highly dependent on weather conditions and harvest schedules, making sick leave a complex issue, especially for those in remote areas.
* Bilingual services, Federal government offices located in New Brunswick, which often require bilingual employees, operate under federal sick leave policies, which may differ from provincial standards. However, the need for medical documentation remains consistent.

Understanding these industry-specific contexts highlights why a flexible and accessible solution for sick notes is so valuable in New Brunswick.

The Statutory Declaration Option: A Unique NB Provision

New Brunswick stands out with a provision that many workers are unaware of: for absences of 1-5 days, employers may accept a statutory declaration (sworn statement) instead of a medical certificate. This is a legally binding document where you solemnly declare that you were genuinely ill and unable to work. It's an important alternative, especially given the healthcare access challenges.

How to use a statutory declaration:

1. Write a statement: Clearly state: "I, \[Your Full Name], solemnly declare that I was unable to work on \[Specific Dates of Absence] due to illness." You may add a brief, non-specific reason (e.g., "acute illness") if comfortable, but it's still strongly recommended for job protection to disclose detailed medical information.
2. Have it witnessed by a Commissioner of Oaths: This is a crucial step that makes the document legally binding. Commissioners of Oaths are readily available at most Service New Brunswick locations, law offices, and even some pharmacies in larger centers. A quick search for "Commissioner of Oaths near me" can help you locate one.
3. Submit to your employer: Present the witnessed statutory declaration to your employer as your "reasonable evidence" of illness.

Limitations of the Statutory Declaration:

* Employer Discretion (for 1-3 days): While the Employment Standards Act allows for "reasonable evidence," some employers may still prefer or even insist on a medical certificate, even for short absences. However, if your absence is 1-3 days, and your employer demands a medical certificate without a specific policy or collective agreement clause allowing them to do so, you may have grounds to challenge this.
* Not all employers accept statutory declarations: Although legally permissible for shorter absences, some employers' internal policies or collective agreements may override this option, particularly for absences of 4+ days.
* Irving companies, for example, typically require medical certificates regardless of the duration of absence, due to their stringent internal policies.
* For absences of 4+ days, a medical certificate is always required if your employer requests it, as the statutory declaration provision is primarily for shorter, less impactful absences.

This provision offers a valuable alternative for New Brunswickers, reducing the need for unnecessary doctor visits for minor illnesses.

Specific Employer Policies in New Brunswick: A Comparative Look

Understanding specific employer policies is key to navigating sick leave effectively. While the Employment Standards Act sets a baseline, many large employers have their own internal rules or collective agreements that dictate sick note requirements.

| Employer | Note Required After | Accepts Stat Dec? | Notes |
| :------- | :------------------ | :---------------- | :-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------