When it comes to understanding employee rights and employer responsibilities, keeping up with the latest New Hampshire Leave Laws, Day Off policies, and holidays is essential. In New Hampshire leave laws, 2025 brings a fresh perspective on time off, paid leave, and holiday policies that both employees and employers should be aware of. From mandated sick leave to jury duty obligations, and an overview of state holidays, this guide will walk you through the key regulations governing leave in New Hampshire. Whether you’re an employer managing a workforce or an employee seeking clarity, understanding these laws ensures compliance and helps create a balanced work-life environment for all.
Paid Time Off (PTO) in New Hampshire
Leave Quota
The leave quota—the number of PTO days an employee is entitled to—depends on the employer’s policy. Many employers offer a combination of vacation, sick leave, and personal days under a single PTO umbrella. A standard quota might look like:
- Entry-level employees: 10 to 15 days per year.
- Mid-level employees: 15 to 20 days per year.
- Senior-level employees: 20+ days per year.
Employers are encouraged to clearly communicate the PTO policy during onboarding, outlining how much leave employees are eligible for based on their role, length of service, or performance.
Paid time off is often provided in a few different ways:
- Fixed PTO Quota: Employees receive a set number of PTO days upfront at the start of each year.
- Tiered PTO Quota: More experienced employees, or those with longer tenure, receive additional days based on years of service or job position.
- Unlimited PTO: Some companies offer flexible, unlimited PTO policies that allow employees to take leave as needed, although this is less common in New Hampshire and generally subject to manager approval.
Accrual
PTO is frequently accrued over time, where employees earn leave based on the hours they work. For example, an employee might accrue:
- 1.25 days per month (which totals 15 days per year), or
- 3.08 hours per pay period if paid biweekly.
The rate of accrual might increase the longer an employee stays with the company. Some employers allow front-loaded accrual, meaning an employee has access to their full year’s PTO quota at the start of the year, while others follow a monthly or quarterly accrual system.
Employers should clarify the accrual method used in their PTO policy, so employees know how much time they’ve earned and when they are eligible to take it. Additionally, PTO accrual may be capped to prevent employees from accumulating an excessive amount of unused leave.
Rollover
While New Hampshire leave laws does not enforce mandatory PTO rollover, many employers provide rollover options based on their internal policies. Rollover allows employees to carry unused PTO from one year to the next, either with or without limitations. Common rollover practices include:
- Capped Rollover: Employees can roll over a portion of unused PTO, such as up to 5 or 10 days, into the next year. Some employers might also cap the total amount of PTO an employee can accumulate.
- Unlimited Rollover: Some employers may allow employees to carry forward all unused PTO, although this is less common and typically subject to limits set within the company.
- “Use it or Lose it” Policies: In this case, employees must use all PTO by the end of the year, or the unused portion will be forfeited. Employers implementing such policies are required to inform employees well in advance to ensure they have time to use their accrued leave.
Payment of Accrued, Unused Vacation on Termination
In New Hampshire leave laws, employers are not required by state law to pay out accrued, unused PTO upon an employee’s termination unless the company’s policy or employment contract specifies it. This means that:
- If the policy promises a payout, the employer must honor it. For example, if the company handbook states that employees will be paid for unused PTO upon resignation, they are legally obligated to do so.
- If the policy is silent on the matter, employers have the discretion to decide whether or not to compensate employees for unused leave at the time of termination, whether the employee quits or is terminated.
It is common for companies to pay out unused vacation days as a good-faith gesture or to remain competitive in attracting and retaining talent. In some cases, employers may also prorate the payment based on the employee’s final salary or the number of accrued but unused days.
Sick Leave in New Hampshire
Federal Laws – Leave Quota
At the federal level, the most relevant legislation that impacts leave quotas for sick leave is the Family and Medical Leave Act (FMLA). While FMLA does not guarantee paid sick leave, it offers significant protections for eligible employees who need to take time off for medical reasons.
FMLA Key Provisions:
- Eligibility: FMLA applies to employees who have worked for a covered employer for at least 12 months and have logged at least 1,250 hours over the past year.
- Leave Quota: Eligible employees are entitled to up to 12 weeks of unpaid leave per year for serious health conditions, to care for an immediate family member with a serious illness, or for maternity or paternity leave.
- Job Protection: FMLA guarantees that employees can return to the same or an equivalent position after their leave ends.
- Health Insurance: During the FMLA leave, the employer must maintain the employee’s health insurance under the same terms as if they were actively working.
FMLA serves as a federal baseline for medical leave, ensuring that employees have access to unpaid, job-protected time off for certain health-related situations. However, it does not mandate paid sick leave.
State Laws – Leave Quota
In contrast to some other states, New Hampshire does not have a state-mandated paid sick leave law for private-sector employees. This means that there is no specific state regulation that requires employers to provide a guaranteed number of paid sick leave days to their workers.
However, while New Hampshire leave laws has not passed comprehensive paid sick leave laws, it does allow employers to design their sick leave policies, which are often outlined in employee handbooks or contracts. Many employers voluntarily offer paid sick leave to remain competitive and to ensure the well-being of their employees. Common policies include:
- Accrual-Based Sick Leave: Employers may provide sick leave that accrues over time based on the hours worked, such as one hour of sick leave for every 30 hours worked.
- Fixed Sick Leave Quota: Employers might offer a set number of paid sick leave days per year, such as 5 to 10 days, depending on the size of the company or the employee’s tenure.
While the state does not mandate a specific leave quota, companies are required to adhere to any promises made in their employment agreements regarding sick leave.
Local and Sector-Specific Sick Leave
Although there is no statewide sick leave mandate, some municipalities or sectors in New Hampshire may have specific regulations or contractual obligations. For instance:
- Public sector employees in New Hampshire, such as state workers, often receive state-guaranteed paid sick leave as part of their employment packages.
- Certain unionized workplaces may have negotiated sick leave benefits as part of their collective bargaining agreements, providing union members with additional leave protections.
Sick Leave During Public Health Emergencies
While New Hampshire does not have a standard sick leave law, temporary policies may be enacted during public health emergencies. For instance, during the COVID-19 pandemic, federal emergency legislation under the Families First Coronavirus Response Act (FFCRA) provided temporary paid sick leave for employees impacted by the virus. However, these types of emergency measures are generally time-limited and do not reflect permanent state or federal laws.
Sick Leave for Specific Purposes
Even though New Hampshire does not mandate sick leave, employers often design policies to allow leave for specific situations, such as:
- Caring for a sick family member.
- Attending medical appointments.
- Recovering from a personal illness or injury.
Employer Discretion and Compliance
Employers in New Hampshire have a significant amount of discretion when it comes to setting sick leave policies. However, they must comply with the terms of any established leave policy they put in place, ensuring that employees are treated fairly and consistently. This includes:
- Ensuring that sick leave policies are clearly communicated to all employees.
- Providing accrued or earned sick leave as outlined in the employee handbook or contract.
- Honoring any agreements regarding payout of unused sick leave (though not required by law).
Maternity, Paternity, FMLA in New Hampshire
Federal Laws
The Family and Medical Leave Act (FMLA) is the primary federal law governing maternity and paternity leave across the United States, including New Hampshire. Here are the key provisions of the FMLA that impact family leave in 2025:
1. Eligibility for FMLA:
- Employees are eligible for FMLA leave if they have worked for a covered employer for at least 12 months and have logged at least 1,250 hours during that time.
- FMLA applies to private employers with 50 or more employees, as well as public agencies and schools, regardless of employee count.
2. Leave Quota:
- Eligible employees are entitled to up to 12 weeks of unpaid, job-protected leave within a 12-month period for the birth, adoption, or foster care placement of a child.
- Both mothers and fathers are eligible for FMLA leave, ensuring that both parents have the opportunity to take time off for childbirth or to bond with a newly adopted or foster child.
3. Job Protection:
Under FMLA, employees are guaranteed job protection. This means that after taking FMLA leave, they have the right to return to the same or an equivalent position, with the same pay, benefits, and working conditions.
4. Health Insurance Continuation:
During FMLA leave, employers must continue to provide health insurance coverage for the employee under the same terms as if they were actively working.
5. Parental Leave for Adoption and Foster Care:
FMLA covers not just biological parents, but also those adopting a child or fostering a child. The 12 weeks of leave can be used for adoption-related matters, including bonding with the child and attending necessary legal appointments.
While FMLA provides comprehensive protections for maternity and paternity leave, it is unpaid leave. Some employers in New Hampshire may offer paid parental leave as part of their company policy, but this is not mandated by federal or state law.
Additional State Laws
Unlike some other states, New Hampshire does not have a specific paid family leave law for private-sector employees. However, there are a few key considerations for maternity, paternity, and family leave in the state:
1. State Maternity and Paternity Leave Protections:
While New Hampshire has not enacted its own paid family leave program, public sector employees, such as state government workers, may have access to paid maternity or paternity leave under their employment contracts. These benefits are typically negotiated on a case-by-case basis.
2. New Hampshire Paid Family and Medical Leave Program:
- Starting in 2023, New Hampshire introduced a voluntary paid family and medical leave insurance program, known as the Granite State Paid Family Leave Plan. This program is offered to employers and employees in the private sector. Employers can choose to offer the plan, and employees can choose to opt into coverage even if their employer does not participate.
- Under this plan, employees can receive up to 60% of their average weekly wage for up to 6 weeks of family leave per year for qualifying reasons, including maternity and paternity leave, caring for a new child, or serious medical conditions.
- This program is voluntary, meaning it is not required by law, but it is an option for businesses and employees looking for paid leave benefits in addition to FMLA protections.
3. Disability Coverage for Maternity Leave:
While New Hampshire does not have a specific state law for paid maternity leave, some employees may be eligible for short-term disability insurance through their employer. This insurance often covers a portion of an employee’s salary during maternity leave for the period they are physically unable to work due to pregnancy or childbirth.
4. Breastfeeding Rights:
New Hampshire leave laws supports breastfeeding mothers by requiring employers to provide reasonable break time for employees to express breast milk for their infant child. Employers are also required to provide a private space (other than a bathroom) for this purpose.
Bereavement Leave in New Hampshire
In 2025, Bereavement Leave in New Hampshire leave laws is not mandated by state law, meaning that employers are not legally required to provide paid or unpaid leave for employees who have experienced the loss of a loved one. However, many employers offer bereavement leave as part of their company policy or benefits package to allow employees time to grieve and make funeral arrangements. Typically, bereavement leave lasts between 3 to 5 days, depending on the employer and the employee’s relationship to the deceased. For public sector employees and those covered under union contracts, bereavement leave provisions may be more formally structured. Employees should refer to their individual company policies or employment agreements to understand their rights to bereavement leave.
Jury Duty Leave in New Hampshire
In 2025, Jury Duty Leave in New Hampshire leave laws is governed by state law, which requires employers to provide unpaid leave to employees summoned for jury service. Employers are prohibited from penalizing or terminating employees for fulfilling their civic duty. While employers are not mandated to pay employees during their time on jury duty, employees may use accrued Paid Time Off (PTO) or vacation days to maintain their income during their absence. Public sector employees and those working for larger employers may have access to paid jury duty leave, depending on company policies or union agreements. It’s important for employees to inform their employer as soon as they receive a jury summons to ensure a smooth process for taking the necessary time off.
Crime Victim Leave in New Hampshire
In 2025, Crime Victim Leave in New Hampshire is designed to support employees who are victims of a crime or who must participate in legal proceedings related to a crime, such as testifying in court or attending related hearings. New Hampshire law requires employers to provide reasonable unpaid leave to employees for these purposes, ensuring that victims are able to engage with the legal process without fear of losing their job. Employers are prohibited from retaliating against or discriminating against employees for taking time off to comply with a legal requirement as a crime victim. Although the leave is generally unpaid, employees may be able to use accrued Paid Time Off (PTO) or vacation days, depending on company policy. Employees should provide their employer with advance notice of the need for leave, along with any documentation, such as a subpoena or court order, to ensure compliance with the leave policy.
Military Leave in New Hampshire
In 2025, Military Leave in New Hampshire leave laws is supported by both federal and state laws, ensuring that employees who serve in the U.S. military, National Guard, or Reserves are protected when they need to take time off for military duties. Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), employees are entitled to unpaid leave for military service, training, or deployment, and they have the right to be reinstated to their job upon return, with the same seniority, pay, and benefits they would have had if they had not been absent. New Hampshire law provides additional protections for members of the state National Guard, offering up to 15 days of paid military leave per year for public employees. Employers are prohibited from retaliating against employees for fulfilling their military obligations, and some private employers may also offer paid leave or supplemental pay during periods of military service. Employees should check with their employer or HR department to understand the specific benefits available to them under military leave policies.
Voting Leave in New Hampshire
In 2025, Voting Leave in New Hampshire is not specifically mandated by state law, meaning there is no legal requirement for employers to provide paid or unpaid time off for employees to vote. However, New Hampshire’s polling hours are generally long, from 7 a.m. to 7 p.m. in most municipalities, giving employees ample opportunity to vote before or after work. Many employers voluntarily provide time off to vote, either paid or unpaid, as part of their commitment to civic engagement. Employees are encouraged to check with their employers for any internal policies regarding voting leave and plan their schedules accordingly to ensure they have time to participate in elections. For public employees or those under certain contracts, voting leave may be more formally provided.
New Hampshire State Holidays in 2025
In 2025, State Holidays in New Hampshire leave laws provide employees with recognized days off, though state law does not require private employers to grant paid holidays. Public sector employees typically receive paid time off on these holidays, and many private employers follow suit, offering paid leave or holiday pay incentives for those required to work. In addition to the standard federal holidays, New Hampshire also observes Civil Rights Day (January 20), honoring Martin Luther King Jr., as an important state holiday. Employees should review their company’s holiday schedule to understand the paid time off they may receive for these state-recognized holidays.
Holiday
New Year’s Day
Martin Luther King Jr./Civil Rights Day
Presidents’ Day
Memorial Day
Independence Day
Labor Day
Columbus Day/Indigenous Peoples’ Day
Veterans Day
Thanksgiving Day
Christmas Day
Date
January 1, 2025 (Wednesday)
January 20, 2025 (Monday)
February 17, 2025 (Monday)
May 26, 2025 (Monday)
July 4, 2025 (Friday)
September 1, 2025 (Monday)
October 13, 2025 (Monday)
November 11, 2025 (Tuesday)
November 27, 2025 (Thursday)
December 25, 2025 (Thursday)