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

New Brunswick provides 5 unpaid sick days per year. Here's everything you need to know about your rights and when your employer can ask for documentation.

New Brunswick Sick Leave Rights

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

  • 5 unpaid sick days per 12-month period

  • 3 unpaid family responsibility leave days per calendar year

  • Long-term leave for serious illness (up to 27 weeks, job-protected)


When Can Your Employer Ask for a Sick Note?

New Brunswick's rules on sick note requests:

  • Short absences (1-3 days): Employers may request "reasonable evidence" of illness, but this can include a statutory declaration (sworn statement) rather than a medical certificate

  • Absences of 4+ days: Employers can require a medical certificate from a physician or nurse practitioner

  • Long-term leave: Medical documentation is required


Important: New Brunswick is considering legislation (introduced March 2026) to further restrict employer sick note requests, similar to Saskatchewan and Manitoba. Watch for updates.

New Brunswick's Healthcare Access Challenge

New Brunswick faces significant barriers to healthcare access:

  • Approximately 70,000 New Brunswickers are without a family doctor

  • Fredericton has limited walk-in options with 2-3 hour waits

  • Moncton has slightly better access but still 1-3 hour waits

  • Saint John has moderate walk-in availability

  • Rural NB (Miramichi, Bathurst, Edmundston, Campbellton) has very limited access

  • Francophone communities face additional barriers finding French-language services


Key Industries in New Brunswick

New Brunswick's workforce has specific sick note needs:

  • Irving companies — Irving Oil, J.D. Irving, Irving Shipbuilding employ thousands across the province with strict attendance policies

  • Healthcare — Horizon Health and Vitalité Health networks are chronically understaffed

  • Call centres — Moncton and Fredericton have major call centre operations (Asurion, Salesforce) with attendance-based performance metrics

  • Military — CFB Gagetown (one of Canada's largest bases) and CFB Oromocto

  • Forestry and agriculture — Seasonal workers in rural communities

  • Bilingual services — Federal government offices requiring bilingual employees


The Statutory Declaration Option (Unique to NB)

New Brunswick has a provision that many workers don't know about: for absences of 1-3 days, employers may accept a statutory declaration (sworn statement) instead of a medical certificate. This is a legally binding document where you swear that you were genuinely ill.

How to use a statutory declaration:
1. Write a statement: "I, [name], solemnly declare that I was unable to work on [dates] due to illness"
2. Have it witnessed by a Commissioner of Oaths (available at most NB Service locations, law offices, and some pharmacies)
3. Submit to your employer

Limitations:

  • Not all employers accept statutory declarations (they can require a medical certificate for 4+ day absences)

  • Some employers' internal policies override this option

  • Irving companies, for example, typically require medical certificates regardless

  • For absences of 4+ days, a medical certificate is always required


Specific Employer Policies in NB

| Employer | Note Required After | Accepts Stat Dec? | Notes |
|---|---|---|---|
| Irving (all divisions) | 1 day (internal policy) | No | Strict attendance management |
| NB Government | 3 days | Yes (for 1-3 days) | NBPEA collective agreement |
| Horizon Health | 2 consecutive shifts | No | Healthcare worker policies |
| Vitalité Health | 2 consecutive shifts | No | Same as Horizon |
| McCain Foods | 2 days | Sometimes | Depends on plant/shift |
| Cooke Aquaculture | 1 day | No | Strict for plant workers |
| Federal Government (NB) | 3 days | Yes | PSAC collective agreement |
| CFB Gagetown | Varies by unit | No | Military medical system |

Getting a Sick Note in New Brunswick

MedLetter provides same-day sick notes for $49 from licensed Canadian physicians. The note meets all New Brunswick Employment Standards Act requirements.

Why this matters in NB:

  • 70,000+ residents without a family doctor

  • Rural communities with no walk-in clinic access

  • Bilingual service available (English and French)

  • Same-day delivery regardless of your location in the province

  • Accepted by Irving, McCain, provincial government, and other major NB employers


Your Rights If Your Employer Violates the Rules

If your employer demands a sick note for an absence of 3 days or fewer (and your collective agreement doesn't require one):

1. Offer a statutory declaration — this satisfies the "reasonable evidence" requirement
2. Ask for the policy in writing — request they cite which provision requires the note
3. Contact Employment Standards — File a complaint at 1-888-452-2687
4. Contact your union — CUPE, PSAC, NBNU, or NBPEA can intervene
5. Provide one anyway — Sometimes it's easier to get a $49 MedLetter note than fight the battle

For UNB, STU, and U de Moncton Students

University students in New Brunswick frequently need sick notes for:

  • Missed midterms and final exams (UNB requires documentation within 3 business days)

  • Assignment extension requests

  • Co-op/internship attendance documentation

  • Residence move-out extensions


Both UNB and Université de Moncton accept notes from licensed physicians regardless of whether the consultation was in-person or virtual. St. Thomas University has similar policies. MedLetter provides documentation that meets all NB university requirements.

Related: [Can Employer Require Sick Note NB](/blog/can-employer-require-sick-note-new-brunswick) | [Irving Sick Note Policy](/blog/new-brunswick-irving-sick-note-policy) | [Sick Note Cost NB 2026](/blog/sick-note-cost-new-brunswick-2026)

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.