New Hampshire Updates
Dec 15, 2025 8:30:00 AM
Family Military Leave Law
Effective January 1, 2026, employers with 50 or more employees at the same location in New Hampshire may not terminate, refuse to hire or take any adverse employment action against an employee based on the involuntary mobilization of the employee's spouse in response to a declaration of war, national emergency or contingency operation. An employee's leave of absence due to their spouse’s involuntary mobilization is unpaid, and the employee is generally entitled to be reinstated to the same or a comparable position.
Previous Updates
Child Care/Postpartum/Infant Care Leave
As part of a broader budget bill (275:37-f), effective January 1, 2026, New Hampshire requires employers with 20 or more employees to provide up 25 hours of unpaid leave for:
- An employee's own medical appointments for childbirth or postpartum care; or
- An employee's child's medical appointments within the first year of the child's birth or adoption.
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.
To request this leave, employees must provide reasonable advance notice and make a reasonable effort to schedule appointments that minimize workplace disruption. Employers may request documentation, although the law does not specify what type of documentation may be required. A note from a healthcare provider would likely suffice.
Employees are allowed to substitute other paid leave (like vacation) at their discretion. The law is silent as to whether employers can require employees to use available paid leave during any leave pursuant to this new law.
If the employee is salaried instead of hourly, employers must keep in mind separate obligations that require 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.
Veterans Preference Law
Effective August 22, 2025, the New Hampshire veterans preference law is amended to add eligible service members and military spouses to the list of individuals who may qualify for a veterans preference employment policy. Previously, the law applied only to veterans.
https://legiscan.com/NH/text/HB64/id/3216293
Workplace Accommodations for Nursing Mothers
Effective July 1, 2025, New Hampshire employers with six or more employees must provide a suitable space and reasonable break periods for nursing employees to express milk during working hours.
This legislation will guarantee the right of nursing mothers to an unpaid break of 30 minutes to pump for every three hours of work, beginning on July 1, 2025.
This state law comes following the 2022 federal PUMP Act, which requires employers nationwide to provide employees with reasonable break time to express breast milk for one year after a child's birth.
Like the federal PUMP Act, the New Hampshire law will also require employers to provide nursing employees with appropriate spaces in the workplace for a period of one year following the birth of the child.
The law also contains notice and policy requirements.
https://legiscan.com/NH/text/HB358/id/2825719
Lactation Accommodations
HB 358 was signed into law and effective July 1, 2025, New Hampshire employers with six or more employees must provide a suitable space and reasonable break periods for nursing employees to express milk during working hours. Nursing mothers have the right to an unpaid break of 30 minutes for every three hours of work to express breast milk for one year after a child’s birth.
New Hampshire employers must adopt policies to address the use of sufficient space and reasonable break periods for nursing employees.
New Hampshire employers should consider their obligations under both federal law and this state law. Reach out to your HR Consultant for guidance as needed.
Prohibited Employment
Effective January 1, 2025, HB 1038 will prohibit registered sex offenders from employment at businesses providing direct services to minors or direct supervision or oversight of minors.
gencourt.state.nh.us/bill_status/legacy/bs2016/billText.aspx?id=1571&txtFormat=html&sy=2024
Firearms Law
Effective January 1, 2025, New Hampshire amends its storage of firearms law to regulate the storage of firearms in employee’s vehicles on employer property. Under the amended law, employers are prohibited from:
- Requiring an employee to disclose whether they are storing a firearm or ammunition in their vehicle; or
- Searching an employee's vehicle for a firearm or ammunition.
Additional rules apply to employers that receive public funds from the federal or state government.
Veteran’s Benefits and Services Poster
Increased Limit on Certain Payments of Deceased Employee Wages
Effective September 10, 2024, an employer may pay up to $3,000 (increased from $300) in wages owed to a deceased employee to a claimant other than the surviving spouse.
Veterans’ Benefits and Services Poster
The Governor has signed SB 588. Effective September 17, 2024, all employers must post a benefits and services poster pertaining to veterans. The poster will be developed and distributed by the New Hampshire labor commissioner. You can find other New Hampshire required postings here.
Anti-Retaliation Law
Effective August 13, 2024, employers are prohibited from retaliating against any employee who fails to report at the start of their work hours because they are responding as a voluntary member of a fire or ambulance department to an emergency they witness en route to work.
Hairstyle Discrimination
Effective September 1, 2024, New Hampshire prohibits discrimination because of a person's protective hairstyle. A protective hairstyle means hairstyle or hair type, including braids, locs, tight coils or curls, corn rows, Bantu knots, Afros, twists, and head wraps.
Employers Allowed To Administer Tip Pools
- Allow an employer to administer a tip pool without an employee requesting it, as long as the employer does not require or coerce employees into participating in the tip pool; and
- Remove a reference to service charges in the definition of what constitutes a tip, bringing New Hampshire's tip credit law in line with federal law.
Paid Family Medical Leave
Effective January 1, 2023, all employers in New Hampshire will be able to participate in the New Hampshire Paid Family and Medical Leave plan (NH PFML), the insurance plan that provides NH workers with wage replacement for absences related to life events.
NH PFML is a voluntary benefit available to all employers and workers but required of none.
Employers are not required to purchase a NH PFML Insurance Plan. NH PFML insurance can be purchased from MetLife, the state’s insurance partner for the plan. Employers who purchase NH PFML from MetLife are eligible for a Business Enterprise Tax (BET) credit of up to 50% of the premium they pay on behalf of their workers. Individuals who work for a NH employer may purchase NH PFML for themselves if their employer does not provide NH PFML or an equivalent plan.
Employers can choose to provide:
- NH PFML Insurance issued by MetLife, the state’s insurance partner, and receive the 50% BET Credit;
- Other paid family and medical leave insurance plans approved by the New Hampshire Department of Insurance (email benefits@frankcrum.com to set up a non-NH PFML plan); or
- Self-insured employer equivalent benefit coverage
Employers choosing to provide NH PFML should:
- Contact MetLife at 1-866-595-PFML (7365) to select a NH PFML insurance plan for eligible NH workers
- Learn about the Business Enterprise Tax (BET) Credit for the portion of the NH PFML insurance premium you pay
- Recognize that eligible NH workers can purchase a NH PFML individual plan if you do not offer a NH PFML insurance plan or equivalent benefit plan
- Not discriminate or retaliate against any worker for accessing PFML benefits
- Address worker questions and direct workers to MetLife
- Support the claims process by providing wage and leave information, work schedules and other benefits information to MetLife
Employers with 50 or more workers will be required to set up payroll deductions to remit to MetLife to support individuals who have purchased NH PFML. If a worker enrolls as an individual, you will be contacted by MetLife to set up the payroll deductions and will be given remittance instructions. Employers with fewer than 50 workers may have individuals who enroll for individual coverage. These workers will be responsible for premium payments to MetLife.
Contact MetLife at 1-866-595-PFML (7365) for questions on the NH PFML plan. This is the first voluntary state-paid family and medical leave plan in the United States, and implementation is still evolving. See the resources below for additional information:
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