This post will guide you through employee leave laws for businesses and workers located in the state of New Hampshire.
Follow this guide to understand employers’ obligations for vacation time, paid time off (PTO), sick leave, parental leave, bereavement and more, along with state holidays observed in New Hampshire.
This page is intended for reference purposes only and does not constitute legal advice. Please see official government sources or consult a legal professional for actual legal advice.
No federal or state laws require employers to provide paid or unpaid vacation time in New Hampshire.
Use It or Lose It policies are not addressed by New Hampshire leave laws, meaning employers are free to apply such a policy in their business.
Use It or Lose It leave policies mean that any leave not used at the end of the year is forfeited, and not carried over to the following year. Learn more about Use It or Lose It policies here.
Payout of unused PTO is not required in New Hampshire, so long as they have a written policy that states as such, which is signed and acknowledged by the employee.
Read More: PTO Payout Laws by State
Sick leave is not required by law in New Hampshire.
Besides any state laws or provisions written into employment contracts, employers in New Hampshire must comply with the Family and Medical Leave Act (FMLA), which entitles eligible employees the right to take 12 weeks of unpaid, job-protected leave for serious health conditions, or to care for spouses, children or parents with a serious health condition.
The following official state holidays are observed in New Hampshire:
| Date | Holiday |
|---|---|
| January 1 | New Year’s Day |
| 3rd Monday in January | Martin Luther King, Jr. Day |
| 3rd Monday in February | Washington’s Birthday |
| Last Monday in May | Memorial Day |
| June 19 | Juneteenth |
| July 4 | Independence Day |
| 1st Monday in September | Labour Day |
| 2nd Monday in October | Columbus Day |
| November 11 | Veterans Day |
| 4th Thursday in November | Thanksgiving Day |
| Day after Thanksgiving | Day after Thanksgiving |
| December 25 | Christmas Day |
There is no requirement to allow employees a paid or unpaid day off for state holidays, and employees required to work on state holidays are not legally entitled to extra compensation (such as higher pay or a compensatory day off), unless promised in their employment contract.
Female employees must be granted time off from work for any physical disability cause by pregnancy, childbirth or related medical issues.
The same paid leave must be provided for this as for employees affected by any other illnesses or disabilities. So in essence, maternity leave is not required to be paid unless the company has a sick leave or disability policy.
The FMLA also applies for maternity leave, entitling new mothers to 12 weeks of unpaid, job-protected leave for the birth of a new child, as well as the placement of a new adoption or foster.
Paternity leave is not covered by law in New Hampshire, but fathers have the same right to unpaid, job-protected leave of up to 12 weeks for the birth of their child, or a new adoption or fostered child.
There is no legal requirement to provide bereavement leave in New Hampshire.
Employers must grant unpaid time off to allow employees to serve jury duty.
There is no requirement to allow employees time off to vote in New Hampshire.
Employees who have been the victim of a crime are entitled to unpaid leave to attend related court or other proceedings.
Federal Law (the Uniformed Services Employment and Reemployment Rights Act (USERRA)) applies in New Hampshire, which states that military service members receive up to five years of unpaid leave for military service, and upon returning, must be reinstated to the same position (or an equivalent position) as they had before their leave.
Anything not covered in New Hampshire state leave laws is up to the discretion of the employer, such as whether or not to provide paid sick leave or PTO, or whether PTO rolls over from year to year.
However, if any benefits are laid out in an employee’s contract or company policy, employers must comply with what has been agreed in that document.
For example, if an employee’s contract states that they are to receive 12 days of PTO each year, the employer is legally required to provide this, even though paid time off is not required by state law.
https://www.das.nh.gov/hr/benefits.aspx
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