A new parental leave mandate will take effect in New Hampshire on January 1, 2026, requiring businesses with 20 or more employees to provide up to 25 hours of unpaid leave for certain parental purposes. The mandate is part of a state budget agreement reached by lawmakers in June.
The National Federation of Independent Business (NFIB) New Hampshire chapter has expressed opposition to the new regulation. “NFIB New Hampshire opposed this mandate because it is inconsistent with the Granite State’s approach toward employment regulation. In comparison to our busybody New England neighbors, New Hampshire law is relatively deferential to employers and employees when it comes to setting the terms of employment,” the organization stated.
NFIB New Hampshire further commented on the complexity that additional regulations can bring: “Myriad employment regulations at the federal level make hiring and managing a workforce complicated enough without the addition of burdensome and vague state regulations.”
The organization also noted that smaller employers may face new administrative challenges. “Moreover, for employers with 20 to 50 employees, this type of workforce management, time tracking, and administrative liability is largely new.”
Under the mandate, eligible employees can use leave for their own medical appointments related to childbirth or postpartum care, or for their child’s pediatric appointments within the first year following birth or adoption. If both parents work for the same employer, they are limited to a combined total of 25 hours of leave during the child’s first year.
Employers are not required to pay employees for time taken under this law. However, an existing state law requires salaried employees be paid their full salary for any pay period in which they perform any work, regardless of hours worked. There is currently no exception in that law related to the new parental leave provision, so employers are advised to seek legal guidance before making salary deductions.
Employees must be allowed to substitute paid vacation or other appropriate paid leave for any leave taken under this law. The leave is job-protected; employees must be able to return to their original position after using parental leave.
The law requires “reasonable notice” before taking leave and instructs employees to schedule time off so as not to unduly disrupt business operations. These terms are similar to language used in the federal Family and Medical Leave Act (FMLA). Employers may request documentation confirming that leave is being used appropriately.
Employers are encouraged to update their employee handbooks and ensure their policies comply with the new requirements. The full text of the law is available at Section 275:37-f.
For further information or questions about compliance, businesses can contact the New Hampshire Department of Labor or reach out to NFIB NH State Director John Reynolds at john.reynolds@nfib.org or 603-932-7757.
