Beginning January 1, 2026, New Hampshire will require covered employers to offer unpaid parental leave for certain birth- and infant-related medical appointments.
What the Law Requires
- Employers with 20 or more employees must allow eligible staff to take up to 25 hours of unpaid leave during the first year after a child’s birth or adoption.
- This leave may be used for:
- The employee’s own childbirth or postpartum medical care
- Pediatric medical appointments for the child
- If both parents work for the same employer, they must share the 25-hour entitlement (i.e. combined, not 25 hours each).
Eligibility, Notice & Documentation
- The law applies to full-time and part-time employees, but not seasonal or temporary workers.
- Employees must give reasonable advance notice and make efforts to minimize disruption.
- Employers may request reasonable documentation (e.g. a medical note) to verify the leave.
Paid Time Substitution & Salaried Employees
- Though the leave is unpaid, employees may opt to substitute accrued paid leave (vacation, sick, etc.) for part or all of it.
- For salaried (exempt) employees, employers generally cannot deduct pay for missed days under leave laws, unless specifically allowed under statute.
Job Protection & Related Laws
- Upon return, employees must be reinstated to their original (or equivalent) positions.
- Employers should also keep in mind:
- The nursing-mothers accommodation law effective July 1, 2025 (requires breaks and lactation space)
- Existing maternity leave statutes
- The state’s voluntary Paid Family & Medical Leave (NH PFML) program
Action Steps for Employers
- Review and update your leave policies to include the new entitlement by January 1, 2026.
- Train HR / management on notice, documentation, and reinstatement obligations.
- Ensure record keeping and tracking mechanisms for the 25-hour leave usage.
- Confirm alignment with other leave and lactation policies.
Stay ahead of the 2026 compliance deadline. Download our New Hampshire Parental Leave Compliance Checklist to make sure your policies, documentation, and HR procedures are ready before January 1, 2026.
Source: Duane Morris