Now that 2026 is underway, New Hampshire employers should turn their attention to the state’s new Parental Medical Leave law (the “PML”). Effective January 1, 2026, most employers with 20 or more employees are required to provide unpaid leave to allow employees to attend childbirth-related medical appointments, postpartum care, and pediatric visits during a child’s first year. As a practical matter, many New Hampshire employers will need to review—and, where necessary, update—their existing leave policies to ensure compliance.
Overview of the Law
Under the new law, which amends RSA 275, eligible employees are entitled to up to 25 hours of unpaid leave during the first year following the birth or adoption of a child. This leave can be used for three specific purposes:
- The employee’s own childbirth-related medical appointments;
- Postpartum care appointments; or
- The child’s pediatric medical appointments.
If both parents work for the same employer, they do not each receive 25-hours; instead they share a combined total of 25 hours.
Covered Employers & Employees
The PML applies to employers with 20 or more employees. The statute does not address whether out-of-state employees are counted toward this threshold. The law also does not define the term “employee.” In those situations, New Hampshire courts typically apply the broad definition in RSA 275:4, which includes part-time, seasonal, and temporary workers. As a result, many workers beyond the traditional full-time staff are likely covered by this law.
Requesting Leave
Employees who want to use PML must provide reasonable advance notice to their employer. Employees mut also make a good-faith effort to schedule appointments in a way that minimizes disruption to the employer’s operations. Employers may request documentation to support the purpose of the leave. While the statute does not specify acceptable forms of documentation, a note from a healthcare provider will likely be considered reasonable and should typically be sufficient for the employer’s purposes.
Unpaid Leave and Paid Leave Options
The law only requires employers to provide unpaid leave. However, employers must permit employees to substitute accrued vacation or other forms of paid leave at the employee’s sole discretion.
In the case of salaried employees, employers should also consider RSA 275:43-b. Under that law, employers must pay salaried employees their full salary for any pay period in which they perform work, subject to limited exceptions. Therefore, if a salaried worker takes leave under the PML, employers generally may not deduct pay from the employee for that missed work time.
Right to Reinstatement
Employees who return to work after taking PML have a right to reinstatement to their original position. These protections are similar to those provided by the federal Family and Medical Leave Act (the “federal FMLA”).
Other Parental Support in the Workplace
PML is the latest of a series of efforts by New Hampshire to support working parents. For example, earlier this year, New Hampshire began mandating that covered employers provide nursing mothers with a reasonable space and 30-minute unpaid break every three hours to express breast milk (RSA 275:78–83).
New Hampshire also requires employers with six or more employees to provide leave for temporary physical disabilities related to pregnancy, childbirth, or associated medical conditions (RSA 354-A:7, VI). Unlike the federal FMLA, which only provides job-protected leave for 12 weeks, New Hampshire does not specify a maximum duration and leave continues as certified by a healthcare provider. Employees returning from such leave are entitled to reinstatement to their original position or a comparable role, unless business necessity makes this impossible.
Additionally, in 2023, New Hampshire launched a voluntary Paid Family and Medical Leave (PFML) program. In contrast to mandatory PFML programs in neighboring states, participation in New Hampshire’s program is optional for both employers and employees.
Key Takeaways for Employers
- PML Effective Date: January 1, 2026.
- Covered Employers: Applies to employers with 20 or more employees, including full- and part-time staff.
- Leave Entitlement: Up to 25 hours of unpaid leave during the first year after a child’s birth or adoption; both parents share this total if employed by the same employer.
- Permitted Use: Leave may be used for childbirth-related medical appointments, postpartum care, and pediatric visits.
- Notice & Documentation: Employees must provide reasonable advance notice; employers may request documentation from a healthcare provider.
- Paid Leave Substitution: Employees may choose to substitute accrued vacation or other paid leave; salaried employees must continue to receive full weekly pay.
- Job Protection: Employees are entitled to reinstatement to their original position or a comparable role.
- Action Steps: Employers should review and update leave policies to be sure they are in compliance.