Navigating the landscape of Paid Time Off (PTO) and leave policies can be a complex task, especially with varying regulations across different states. In New Hampshire leave laws, the approach to PTO, sick leave, and other forms of leave is distinct, offering employers significant flexibility in crafting their policies. This guide delves into the specifics of New Hampshire leave laws, shedding light on vacation leave, sick leave, maternity and paternity leave, and other critical aspects like jury duty and military leave. along with the importance of taking a “Day Off” for overall well-being. Whether you’re an employer looking to refine your leave policies or an employee seeking to understand your rights, this comprehensive overview provides the essential information you need to navigate New Hampshire’s leave laws effectively.
Paid Time Off (PTO) in New Hampshire
Vacation Leave Quota
In New Hampshire leave laws, employers are not legally required to provide paid or unpaid vacation leave.
New Hampshire does not have federal or state laws mandating that employers must offer vacation time, whether paid or unpaid. As a result, companies in the state have the autonomy to establish their own vacation policies, which may include paid time off, vacation days, sick leave, or paid holidays.
Although many employers do offer these benefits, it is entirely at their discretion. Should an employer choose to provide vacation leave, they are obligated to adhere to any relevant state laws, company policies, or agreements specified in an employment contract.
Accrual
In New Hampshire leave laws, the use of a PTO accrual system is common, though not legally required.
The accrual system often corresponds with the pay period, with the most common pay period in New Hampshire being weekly.
Roll Over (Carry Over, Brought Forward)
State law permits the implementation of a “use-it-or-lose-it” policy.
A “use-it-or-lose-it” policy requires employees to forfeit any unused vacation time after a specified date, such as the end of the year. This policy is allowed under New Hampshire state law, giving employers the right to enforce it.
Additionally, employers may implement a policy that caps the amount of vacation time an employee can accrue to a certain limit.
Statutory Provisions Addressing Vacation Pay
Earned vacation time is considered wages if the employer has an established policy or practice of paying employees for that time.
When an employer offers vacation pay or other benefits, these are regarded as part of the employee’s wages when due for payment.
Employers that provide vacation pay or additional benefits must inform employees in writing, either through a notice posted at the workplace or within the employee handbook.
Payment of Accrued, Unused Vacation on Termination
Employers must adhere to their established policies.
The decision to pay out unused vacation time upon an employee’s termination is governed by the employer’s policy or the terms of the employee’s contract.
New Hampshire law does not specifically address whether an employer can prevent payment of accumulated vacation time upon termination. Thus, employers are free to establish their own policies regarding this matter.
However, if a policy does not clearly state whether unused vacation time will be paid upon separation, employers are generally required to compensate the employee for this time.
Payout
If there is an obligation to pay for accrued but unused vacation time at termination, the employer must fulfill this obligation.
Sick Leave in New Hampshire
Federal Laws – Leave Quota
Federal law requires up to 12 weeks of unpaid sick leave.
The Family and Medical Leave Act (FMLA) applies to New Hampshire, providing job-protected unpaid leave.
Employees are eligible for FMLA benefits if:
- They have been employed for at least 12 months (with a minimum of 25 hours per week) or have worked 1,250 hours in the past year.
- They work at a location where the employer has at least 50 employees within a 75-mile radius.
Under FMLA, eligible employees can take up to 12 weeks of leave for:
- Personal medical reasons, such as illness or injury.
- Caring for a close family member (child, spouse, or parent) with a serious health condition.
- Maternity or paternity leave.
Employers are permitted to offer additional sick leave benefits beyond the federal minimum requirements.
New Hampshire State Laws
There are no state laws in New Hampshire that provide additional sick leave requirements.
While some states mandate paid sick days, New Hampshire does not require employers to offer either paid or unpaid leave. However, eligible employers must comply with FMLA requirements.
It is important for employers who choose to offer sick leave benefits to ensure they comply with any employment contracts or employee handbooks, as this may create a legal obligation to provide these benefits.
Payout
Sick leave in New Hampshire is generally unpaid.
Maternity, Paternity, FMLA in New Hampshire
Federal Law
FMLA provides up to 12 weeks of unpaid maternity or paternity leave.
The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for family or medical reasons, including maternity or paternity leave. Unless the employer agrees otherwise, this leave must be taken continuously.
More details about FMLA eligibility are provided in the Sick Leave section above.
The Pregnancy Discrimination Act (PDA) is another federal law that protects pregnant women. The PDA prohibits discrimination based on pregnancy in all employment aspects, including hiring, firing, pay, job assignments, promotions, benefits, training, leave, and health insurance.
Additional State Laws in New Hampshire
Pregnancy Disability Leave
New Hampshire’s “Law Against Discrimination” requires employers with six or more employees to provide time off for female employees due to pregnancy, childbirth, or related medical conditions. These conditions are considered temporary disabilities, and employees must be treated the same as other employees with temporary disabilities.
If an employer provides paid leave for other illnesses, they must offer the same for pregnancy. If other temporarily disabled employees receive pay, pregnant employees must also be compensated.
Employees are entitled to reinstatement to their previous or a comparable position after the leave.
New Hampshire Paid Family and Medical Leave (NH PFML)
The New Hampshire Granite State Paid Family Leave Plan (NH PFML) launched on January 1, 2023.
This family leave insurance program offers partial wage replacement for up to six weeks for eligible family and medical leave reasons. Participation is optional for private employers. Companies with more than 50 employees that participate in the program will contract directly with the state’s chosen insurance carrier. Workers whose employers do not provide coverage may enroll individually. Private employers may cover part or all of the coverage costs and may be eligible for a 50% tax credit on the premiums paid.
Bereavement Leave in New Hampshire
Employers are not obligated to provide bereavement leave.
In New Hampshire, there is no legal requirement for employers to offer paid or unpaid bereavement leave or time off for a family member’s funeral. However, most employers offer at least two days of bereavement leave. Employers who choose to provide this leave must follow their established bereavement policies or practices.
Payout
Bereavement leave in New Hampshire is generally unpaid.
Jury Duty Leave in New Hampshire
Employers must provide unpaid time off for jury duty.
New Hampshire employers are required to provide unpaid, job-protected leave for employees summoned for jury selection or jury duty. Employees may need to provide their jury summons within a reasonable time frame to be granted leave.
Employers cannot force employees to use other leave types, such as vacation or sick leave, for jury duty. Additionally, employers are prohibited from penalizing, firing, or threatening employees due to jury service.
Payout
The court pays: Employees who serve as jurors in New Hampshire are paid $10.00 per day.
The employer pays: Employers in New Hampshire are not required to compensate employees for jury duty leave.
Crime Victim Leave in New Hampshire
Crime victim leave is unpaid.
Companies with 25 or more employees must allow crime victims (or their immediate family members) to take unpaid time off to attend court proceedings related to the crime.
Employees may use accumulated vacation, personal, or sick leave, or the employer can require them to do so. Notice and documentation are required, and leave can only be restricted if it causes significant hardship for the employer. Employers cannot take negative action against employees for taking crime victim leave.
Payout
Crime victim leave in New Hampshire is unpaid.
Military Leave in New Hampshire
All U.S. employers must comply with USERRA; no additional state laws apply.
Federal Law The Uniformed Services Employment and Reemployment Rights Act (USERRA) applies to all U.S. employers and protects employees called to active duty. USERRA provides rights such as reinstatement, protection from discrimination, continuation of group health benefits for up to 24 months, and up to five years of unpaid military leave.
New Hampshire State Law Employees who are members of the New Hampshire National Guard or militia and are called to active duty by the governor are entitled to the same leave and benefits as under USERRA. Employers cannot discriminate against or discourage employees from serving in the National Guard or militia.
Payout
Military leave in New Hampshire is unpaid.
Voting Leave in New Hampshire
Voting leave is not required by state law.
New Hampshire law does not require employers to provide time off to vote. If an employer allows voting time, they have the discretion to decide whether it is paid or unpaid.
While many states offer time off for voting, New Hampshire does not mandate it.
Payout
Voting leave in New Hampshire is unpaid.
New Hampshire State Holidays in 2024
Private employers in New Hampshire are not required to provide paid or unpaid holiday leave.
Similar to most states, New Hampshire law does not require private employers to provide holiday leave. Private employers can require employees to work on holidays. However, many employers offer paid holidays.
New Hampshire officially recognizes 10 state holidays.