By Margaret O’Brien

Effective January 1, 2026, a new law in New Hampshire expands unpaid leave rights for employees to attend medical appointments related to childbirth, postpartum care, and infant pediatric needs. Enacted as part of a broader budget bill, HB 2 (an Act relative to state fees, funds, revenues, and expenditures), was signed into law by Governor Kelly Ayotte on June 27. This new law applies to covered employers with 20 or more employees and establishes compliance obligations that businesses must integrate into existing leave policies.

Overview of RSA 275:37-f

          The new leave law amends RSA 275, which falls under the Protective Legislation administered by the New Hampshire Department of Labor. It entitles eligible employees to take up to 25 hours of unpaid leave during the first year after the birth or adoption of a child to attend:

  • The employee’s own childbirth-related medical appointments;
  • Postpartum care appointments; or
  • The child’s pediatric medical appointments.

When both parents work for the same employer, the parents are entitled to a combined total of 25 hours in their child’s first year – not 25 hours per parent.

Covered Employees and Employers

          The new law is codified at RSA 275:37-f and applies to employers with 20 or more employees, but it does not define the term “employee.” It is presumed to offer leave rights to all employees, including both full-time and part-time employees. The new law also does not address whether out-of-state employees count toward the 20-employee threshold. Generally, Protective Legislation applies to employees physically working within the state. However, the phrasing at the start of the new statute – “No employer with 20 employees or more…” – suggests that the 20-employee headcount may include all employees, regardless of where they are located.

Reasonable Notice and Documentation May Be Required

          To request this leave, employees must provide reasonable advance notice and make a reasonable effort to schedule appointments in a way that minimizes workplace disruption. Employers may request documentation to verify that the leave is used appropriately, although the law does not specify what type of documentation may be required. A brief note from a healthcare provider’s office would likely be reasonable and suffice.

RSA 275:37-f Is Unpaid Leave

          The statute explicitly states that the leave is unpaid, and that employers are not required to provide paid leave under this law. However, it also provides that “an employee shall be permitted to substitute any accrued vacation time or other appropriate paid leave for any leave taken pursuant to this section” (emphasis added). Therefore, it allows employees to substitute accrued vacation or other paid leave at their discretion. The law is silent as to whether employers can require employees to use their available paid leave during any leave pursuant to this new law. The statutory language suggests that this substitution is the employees’ right, and not the employer’s right.

If the employee is salaried rather than hourly, employers must keep in mind the separate statutory obligations pursuant to RSA 275:43-b. This law requires that salaried employees be paid their full salary for any period in which they perform any work, with few exceptions not likely to apply in connection with this particular leave provision. As such, employers generally may not deduct pay from salaried employees for missed time under this leave unless allowed by statute.

Reinstatement Rights

          When an employee returns from taking this leave, employers must reinstate the employee to their original job. These employee rights to reinstatement are similar to those found in the federal Family and Medical Leave Act (FMLA).

Landscape of Rights for Working Parents in New Hampshire

          RSA 275:37-f is the second law enacted in the past year to support working parents. As of July 1, New Hampshire now guarantees the right of nursing mothers to an unpaid break of 30 minutes to pump for every three hours of work. This new lactation break law is codified in RSA 275:78 through 83.

In addition to these new laws, New Hampshire has for many years required employers with six or more employees to permit employees to take a leave of absence for the period of temporary physical disability resulting from pregnancy, childbirth, or related medical conditions. Unlike the FMLA, which caps most leaves at 12 weeks during a given 12-month period, there is no set time limit to New Hampshire’s maternity leave law found at RSA 354-A:7, VI.

Employees may take unpaid leave pursuant to this law for as long as their healthcare provider determines that the employee is physically disabled for a covered reason. When the employee is ready to return to work, the employee is entitled to be returned to their original job or a comparable position unless business necessity makes this impossible or unreasonable.

In 2023, New Hampshire adopted a Paid Family and Medical Leave (PFML) law. New Hampshire’s PFML program allows, but does not require, employers to offer employees paid family and medical leave. New Hampshire’s PFML is a voluntary program that employers and workers can access if they so choose. This contrasts with mandatory PFML programs in states like Massachusetts and Connecticut.

Margaret “Peg” O’Brien is chair of McLane Middleton’s Employment Law Practice Group. She can be reached at (603) 628-1490 or margaret.obrien@mclane.com.