Effective January 1, 2026, New Hampshire introduces a new leave entitlement for employees to attend crucial medical appointments related to childbirth, postpartum care, and the well-being of their new children. This development represents a crucial step in supporting new families in the workforce. Here is what employers need to know to prepare.
Understanding the New Leave Entitlement
The newly established RSA 275:37-f mandates that employers with 20 or more employees must grant up to 25 hours of unpaid leave to eligible employees within the first year following their child’s birth or adoption. This leave can be used for the employee’s own medical appointments related to childbirth and postpartum recovery, as well as for their child’s pediatric medical appointments.
Key Provisions
- Leave Amount. Eligible employees are entitled to a total of 25 hours of leave. This is a collective total if both parents of the same child are employed by the same employer.
- Paid vs. Unpaid Leave. The leave is unpaid. However, employees may use any accrued vacation time or other available paid leave such as PTO or sick leave to cover their time off.
- Reasonable Notice and Scheduling. Employees must provide reasonable notice to their employer when requesting this leave and should make a reasonable effort to schedule appointments to minimize disruption to business operations.
- Job Protection. Upon returning from leave taken under this new law, employees are guaranteed reinstatement to their original job.
- Documentation. Employers have the right to request documentation from the employee to verify that the leave is being used for the intended medical appointments.
Next Steps for Employers
As the effective date approaches, employers in New Hampshire should take proactive steps to prepare for these changes including:
- Reviewing and Updating Policies: Ensure that employee handbooks and leave policies are updated to reflect this new legal requirement.
- Developing Procedures: Establish clear procedures for how employees should request and utilize this leave, including guidelines for providing reasonable notice and documentation.
- Training Staff: Provide training for human resource personnel, managers, and supervisors on the new provisions and how to properly administer this leave.
- Communicating Changes: Clearly communicate these changes to all employees to ensure they are aware of their new rights.
