Effective January 1, 2026, a new law in New Hampshire expands unpaid leave rights for employees to attend medical appointments related to childbirth, postpartum recovery, and pediatric care. Enacted as part of a broader budget bill—HB 2 (An Act Relative to State Fees, Funds, Revenues, and Expenditures)—the statute was signed into law by Governor Ayotte on June 27, 2025.
This new law applies to employers with 20 or more employees and introduces new compliance obligations that businesses must incorporate into their existing leave policies.
Overview of RSA 275:37-f
The law amends RSA 275, which falls under New Hampshire’s Protective Legislation administered by the Department of Labor. It entitles eligible employees to up to 25 hours of unpaid leave during the first year following the birth or adoption of a child, specifically to attend:
- The employee’s own childbirth-related medical appointments;
- Postpartum care appointments; or
- The child’s pediatric medical appointments.
If both parents are employed by the same employer, they are entitled to a combined total of 25 hours, not 25 hours each.
Covered Employers and Employees
The law applies to employers with 20 or more employees, but it does not define “employee.” It is presumed to include both full-time and part-time employees. The statute also does not clarify whether out-of-state employees count toward the 20-employee threshold. While most New Hampshire employment laws apply to those working physically within the state, the phrasing—“No employer with 20 employees or more…”—suggests the count may include all employees, regardless of location.
Reasonable Notice and Documentation May be Required
To request the use of this leave, employees must provide reasonable advance notice and make a reasonable effort to schedule appointments in a way that minimizes workplace disruption. Employers may request documentation to verify that the leave is used appropriately, although the law does not provide any guidance on the type of documentation that may be required. A brief note from a healthcare provider’s office would likely be reasonable and suffice.
Unpaid Leave and Use of Paid Time Off
The statute explicitly states that the leave is unpaid, and that employers are not required to provide paid leave under this law. However, it also provides that “an employee shall be permitted to substitute any accrued vacation time or other appropriate paid leave for any leave taken pursuant to this section” (emphasis added). Therefore, it allows employees to substitute accrued vacation or other paid leave at their discretion. The law is silent as to whether employers can require employees to use their available paid leave during any leave pursuant to this new law. The statutory language suggests that this substitution is the employees’ right, and not the employer’s right.
If the employee is a salaried employee, rather than hourly, then employers must keep in mind the separate statutory obligations pursuant to RSA 275:43-b. This law requires that salaried employees be paid their full salary for any period in which they perform any work, with few exceptions not likely to apply in connection with this particular leave provision. As such, employers generally may not deduct pay from salaried employees for missed time under this leave unless allowed by statute.
Job Reinstatement
Employees who take leave under RSA 275:37-f are entitled to return to their original position.
Landscape of Rights for Working Parents in New Hampshire
RSA 275:37-f is the second law enacted in the past year to support working parents. As of July 1, 2025, New Hampshire now guarantees the right of nursing mothers to an unpaid break of 30 minutes to pump for every three hours of work. This new lactation break law is codified at RSA 275:78 through 83.
In addition to these new laws, New Hampshire has for many years required employers with 6 or more employees to permit employees to take a leave of absence for the period of temporary physical disability resulting from pregnancy, childbirth or related medical conditions. Unlike the federal Family and Medical Leave Act which caps most leaves at 12 weeks during a given 12 month period, there is no set time limit to New Hampshire’s maternity leave law found at RSA 354-A:7, VI. Employees may take unpaid leave pursuant to this law for as long as their healthcare provider determines that the employee is physically disabled for a covered reason. When the employee is ready to return to work, the employee is entitled to be returned to their original job or a comparable position unless business necessity makes this impossible or unreasonable.
More recently, in 2023, New Hampshire commenced a Paid Family and Medical Leave (PFML) law. New Hampshire’s PFML program allows, but does not require, employers to offer employees paid family and medical leave. New Hampshire’s PFML is a voluntary program that employers and workers can access if they choose.