Voluntary paid leave framework
New Hampshire does not mandate that private employers provide paid sick leave or paid family and medical leave. The state's Paid Family and Medical Leave (NH PFML) program is a voluntary insurance plan available to employers who choose to participate. Employers decide whether to offer paid leave benefits through policy, contract, or collective bargaining agreements.
Source: NH PFML Employers Overview
Jury duty leave — employment protection and remedies
New Hampshire law prohibits employers from depriving an employee of employment, or threatening or coercing the employee, because the employee receives a jury summons, serves as a juror, or attends court for prospective jury service. Employers who violate this prohibition may be held in contempt of court. A discharged employee may bring a civil action within one year to recover lost wages and seek reinstatement; prevailing employees are entitled to reasonable attorney fees. Employers are not required to pay wages during jury service (the state pays jurors $10 per half-day of attendance).
Source: N.H. Rev. Stat. Ann. § 500-A:14; N.H. Rev. Stat. Ann. § 500-A:15
Parental medical leave — whether 25-hour entitlement extends to foster placements
New Hampshire’s unpaid parental medical leave law, RSA 275:37-f (effective January 1, 2026), requires employers with 20 or more employees to provide up to 25 hours of job-protected, unpaid leave within the first year following the birth or adoption of a child. This leave is for the employee’s own medical appointments for childbirth or postpartum care, or for the child’s pediatric medical appointments.
Scope of coverage — birth and adoption only. The statute is explicit in its language: the entitlement applies to employees “during the first 12 months following the birth or adoption of a child.” There is no mention of foster placements or children placed with the employee for foster care. Neither the eligibility section, the leave purposes, nor the definitions under RSA 275:37-f or the broader RSA Chapter 275 include foster placement as a qualifying event for this leave.
No extension to foster care. As of July 7, 2026, no primary source—statute, regulation, or published agency guidance—extends the parental medical leave entitlement to foster placements. The language is notably narrower than the federal FMLA, which covers foster placements as a qualifying event for bonding leave. Practitioners should apply the plain meaning of the statute and confine eligibility to birth or adoption situations absent future legislative or agency clarification.
Source: N.H. Rev. Stat. Ann. § 275:37-f
Leave and antiretaliation protections for victims of domestic violence, sexual assault, stalking, and harassment
Protected status—no discrimination or retaliation. Under RSA 275:71, New Hampshire employers are prohibited from refusing to hire, discharging, demoting, suspending, or otherwise discriminating against an individual because the person is, or is perceived to be, a victim of domestic violence, sexual assault, stalking, or harassment. The statute specifically prohibits adverse action because the employee or applicant seeks, obtains, or cooperates in the enforcement of a protective order, participates in any investigation or hearing related to domestic violence or similar offenses, or requests a reasonable accommodation relating to their status as a victim. Retaliation for asserting these rights is also prohibited. RSA 275:71 does not impose a minimum employer size threshold—it applies to all employers under its plain terms.
Crime victim leave for court and related proceedings. Under RSA 275:62, New Hampshire requires employers to allow any employee who is a "victim of a crime" to leave work to attend court, legal, or investigative proceedings related to the prosecution of that crime. Employers may require the employee to use accrued paid leave (such as vacation or PTO) for this purpose; otherwise, the leave is unpaid. There is no set maximum duration—leave is limited to the time reasonably necessary to attend and participate in proceedings. Employees must provide reasonable advance notice (such as a copy of the notice of hearing, subpoena, or other documentation). The law prohibits discharge or retaliation for exercising the right to leave, and on return, the employee must be restored to their original position or to a position of equivalent seniority, status, pay, and benefits (see RSA 275:62, II). Employer confidentiality regarding the employee's victim status is required.
Definition of 'crime' and limits on leave. RSA 275:62(c) references the definition of "crime" at RSA 275:61. As of June 15, 2026, the full text of RSA 275:61 cannot be confirmed from any official .gov source. Statute allows for a court, upon request of the employer, to limit leave if the absence creates an undue hardship for the employer (RSA 275:62, III). There is no requirement that the leave be paid by the employer beyond permitting the use of accrued PTO.
Source: N.H. Rev. Stat. Ann. § 275:71; N.H. Rev. Stat. Ann. § 275:62
Pregnancy disability leave — requirements under RSA 354-A:7, VI
New Hampshire law separately requires pregnancy disability leave under RSA 354-A:7, VI. This provision overlays federal FMLA but is distinct: it specifically protects periods when a female employee is temporarily unable to work due to pregnancy, childbirth, or related conditions.
Covered employers: RSA 354-A:7, VI itself is silent on employer size. Other sections of Chapter 354-A set coverage at "six or more employees" (e.g., RSA 354-A:2, XIV-a), but this minimum is not repeated in the pregnancy leave subsection. Practitioners commonly apply the six-employee threshold, but readers should note the statutory silence here.
Qualifying conditions and duration: Any female employee experiencing a temporary physical disability caused by pregnancy, childbirth, or a related medical condition is entitled to leave. The statute does not define eligibility further and does not specify a maximum duration. Instead, the period of leave is limited to the time during which the employee is actually unable to perform her work because of the disability—the rule is simply "for the period of such temporary physical disability." Unlike FMLA, no 12-week cap applies.
Notice and documentation: The statute is silent regarding required notice procedures or documentation. It does not require, nor prohibit, the employer from requesting medical certification. In practice, employers often use similar documentation standards as for other temporary disabilities, but this is not specified in the text.
Reinstatement: When the employee becomes physically able to return, the employer must reinstate her to her original job or a comparable position, unless "business necessity" makes this impossible or unreasonable. There is no exception based on leave length or employer operational needs beyond that statutory standard.
Employer obligations: For all employment-related purposes—including benefits—such pregnancy-related disability must be treated the same as any other temporary disability under employer policy.
FMLA intersection: RSA 354-A:7, VI does not reference FMLA. However, for employers or employees subject to both, each law must be followed concurrently. Where rights differ, the more generous protection controls as a best practice.
Job-protected leave for military spouses — eligibility, scope, and documentation (effective January 1, 2026)
Effective January 1, 2026, under RSA 110-C:1-a, New Hampshire requires covered employers to provide job-protected, unpaid leave to employees whose spouses are involuntarily mobilized for war, national emergency, or contingency operations.
Covered employers and employees: The statute applies to any employer that "employs 50 or more individuals at the same location in New Hampshire" (RSA 110-C:1-a, I). It covers employees whose spouse is a member of a reserve component of the U.S. armed forces—including the National Guard—and has been involuntarily mobilized to active duty for more than 30 days in support of a qualifying operation (RSA 110-C:1-a, II(a)-(b)).
Leave entitlement and duration: The law bars employers from discharging, refusing to hire, or retaliating against an employee because of the spouse's mobilization. The employee may take a leave of absence for the duration of the spouse’s mobilization, up to a statutory maximum of one year and one day (RSA 110-C:1-a, II(b)). The statute does not require that leave be paid, nor does it obligate employers to continue or accrue benefits during this absence, though nothing prevents an employer from choosing to do so (RSA 110-C:1-a, III).
Notice and employer obligations: The employee must notify the employer of the spouse's official mobilization within 30 days of receiving that notice (RSA 110-C:1-a, IV). The employer is required to acknowledge receipt of the employee’s notification, but the statute does not specify the format (RSA 110-C:1-a, IV). After the spouse's mobilization ends, the employee must report back to work or apply for reemployment promptly. The employer must reinstate the employee to the same or equivalent position in seniority, status, and pay for the protected period, unless changed circumstances would make reemployment impossible or unreasonable (see RSA 110-C:1-a, V).
Remedies and enforcement: An employee can file a complaint with the New Hampshire Department of Labor within 180 days if their rights are violated (RSA 110-C:1-a, VI). The Department may order reinstatement, award back pay, and take other appropriate actions consistent with its authority under RSA 541-A. The law allows for additional remedies to be defined by department rule but does not expressly mention attorney’s fees.
Relationship to federal law: This state protection is distinct from federal USERRA protections (codified at 38 U.S.C. §§ 4301 et seq.), though both provide job security for certain military-affiliated leaves. The reemployment standard in RSA 110-C:1-a is similar to USERRA but is not an explicit statutory incorporation.