An employee may not be entitled to a holiday on public holidays if:

• an employee has been employed by their present employer for less than 90 days during the previous twelve calendar months immediately preceding the public holiday,

• an employee fails to work their scheduled regular day of work before or after the public holiday without reasonable cause, and

• an employee has agreed to work on a public holiday but then fails to show up without a reasonable cause.

Employers must give employees a holiday on each public holiday and pay the normal rate of wages for that day.

Employers and employees may agree to substitute another working day for the public holiday if it falls on a working day for the employee. This substituted day must not be later than the next vacation of the employee, and it is deemed to be a public holiday.

If the public holiday falls on a non-working day for the employee, the employer must either pay the employee their regular wages for the public holiday with the agreement of the employee or their agent or designate a working day that is not later than the employee's next vacation as the public holiday.

The employer must pay the employee at least one and a half times their regular rate of wages for the time worked, and if the employee is entitled to the holiday with pay, their regular wages in addition to that.

NB Employment Standards Act s.18,19