On January 1, 2026, a new law will take effect in New Hampshire offering important employment protections for spouses of military service members who are involuntarily mobilized for duty. House Bill 225-FN creates job protection rights for impacted spouses, reflecting the state’s commitment to supporting military families during periods of deployment.
Background
Previously, state and federal reemployment protections applied directly to service members through laws such as the Uniformed Services Employment and Reemployment Rights Act (USERRA). However, HB 225-FN marks the first time New Hampshire has extended similar job protections to military spouses.
This law applies to employers in New Hampshire with 50 or more employees at a single location.
Key Provisions of the Law
- Protected Leave of Absence. Eligible employees may take unpaid leave for the duration of their spouse’s involuntary military mobilization, not to exceed one year and one day.
- Prohibition on Adverse Employment Action. Employers may not discharge, refuse to hire, or take any other adverse employment action against an employee due to their spouse’s military mobilization.
- Reemployment Rights. Upon the conclusion of the mobilization, the employee must be reinstated to their previous position, or to a role with like seniority, status, and pay, provided the employee is qualified.
- Notice and Documentation Requirements. Employees must notify their employer within 30 days of receiving official notice of their spouse’s mobilization. Employers are required to provide written acknowledgment of the notice and confirm adherence to the law.
Next Steps for Employers
Prior to the effective date, employers should review and update employee handbooks to reflect the new protections for employees with spouses in the military, including leave and reinstatement procedures. Human resources personnel and managers should be trained in handling deployment-related leave and the prohibition against adverse employment actions. Employers should also monitor forthcoming guidance from the New Hampshire Department of Labor regarding complaint and enforcement procedures.
