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New Hampshire Leave Laws Mandates
New Hampshire’s employee leave policies are primarily governed by federal laws, including the Family and Medical Leave Act (FMLA), and by employer-driven policies in the private sector. While the state provides a voluntary Paid Family and Medical Leave (PFML) insurance program and mandates leave for domestic violence at large organizations, most types of leave, such as sick, PTO, voting, and bereavement, are left at the employer’s discretion. Public sector employees, on the other hand, enjoy additional structured benefits, especially for sick and military leave.
Let’s take a look at each leave type.
New Hampshire Sick Leave Law
As of 2025, the state of New Hampshire does not mandate private employers to provide paid or unpaid leave to their employees. However, most private sector firms offer sick leave, including accruals and carryovers, to all eligible employees. Many companies also offer some form of sick leave or flexible PTO but providing it is at their discretion.
Public-sector employees typically earn predefined sick leave benefits and may get the option of indefinite leave accumulation.
New Hampshire Paid Time Off (PTO) Law
No state law requires private employees to offer PTO or paid vacation leave. Employers can offer this leave type and set their own rules, including accrual rates, rollover rules, “use-it-or-lose-it” policies, and payout of unused leave at the time of separation or termination. Meanwhile, if a company does promise to offer PTO leave, it must mention the same in its employee leave handbook and follow its policy strictly. Many companies also bundle PTO with sick leave.
Family and Medical Leave (FMLA & NH PFML)
Employees who have completed 12 months of service and logged 1,250 hours with a company with 50+ employees are eligible to receive 12 weeks of unpaid job-protected leave for qualifying reasons. These reasons include childbirth, adoption, personal health, family care, and certain military needs.
Meanwhile, New Hampshire Paid Family and Medical Leave Insurance (PFML) is voluntary for private companies and individuals. But it is mandatory for state workers. PFML offers up to 6 weeks of paid leave with a 60% wage replacement policy for serious health, caregiving, new child bonding, or military exigency. However, there is a weekly capping of $2,031.92, as of 2025.
New Hampshire Bereavement Leave
No state or federal law requires New Hampshire employers to offer bereavement leave. Companies can set their own provisions, eligibility, and duration typically 3 to 5 days, as per employer policy.
Public workers and union members may have formal bereavement leave options in their employment contracts, and they may be asked to provide documents such as a death certificate or obituary to use these leaves.
New Hampshire Domestic Violence Leave
Companies with 50+ employees must provide up to 15 days of job-protected leave per year for domestic violence, sexual assault, or criminal stalking. Employees can use these leaves for medical, legal, counseling, housing, or court appearances.
They must also use their accrued paid leave, if available, before applying for unpaid leave, and provide reasonable notice unless there is imminent danger. Employees may also be asked to submit necessary documents within 30 days of the incident, and employers must keep all personal information confidential.
New Hampshire Jury Duty Leave
Any employee who is summoned by the court for jury duty is entitled to receive unpaid, job-protected leave. New Hampshire bars employers from terminating, threatening, or retaliating against an employee serving on jury duty. But, they are not required to pay for the time missed from the job. Employees may use PTO leave to cover the lost wages.
Public employees may have different and more generous provisions. They must check with their agency for further details.
Military Leave
State employees who are serving in the military or members of the National Guard receive up to 15 days of paid military leave per year. They can use these leaves for training or temporary duty. They additionally get up to 30 days of partial pay leave.
Meanwhile, the federal USERRA applies to all employees with up to 5 years of job-protected, unpaid leave and reinstatement rights for serving in the military.
Voting Leave
New Hampshire does not have any laws that require employers to offer paid or unpaid time off for voting on Election Day. They may allow flexible work schedules for workers or provide PTO for voting. But it is at their discretion.
Comparison Table: New Hampshire Leave Laws (2025)
| Type of Leave | Eligibility | Duration & Description |
|---|---|---|
| Sick Leave (Public) | State employees | Accrual per agency; indefinite accumulation |
| Sick Leave (Private) | Employer discretion | Not mandated; per employer policy |
| PTO/Vacation | Employer discretion | Not mandated; defined by the employer |
| FMLA | Eligible employees (50+ firm) | Up to 12 weeks unpaid, job-protected |
| PFML | State & opted-in private employees/individuals | Up to 6 weeks paid, 60% wage replacement, $2,031.92/week max |
| Bereavement | Employer discretion/private | Typically 3–5 days for immediate family; public/union employees may follow formal contracts |
| Domestic Violence | Employers with 50+ employees | Up to 15 days/year job-protected; paid or unpaid depending on available leave |
| Jury Duty | All employees | Unpaid, job-protected |
| Military Leave | State employees; private covered by USERRA | State: 15 paid days/year + 30 days partial pay; USERRA: up to 5 years unpaid with job restoration |
| Voting Leave | No mandate | Per employer policy |
State-Specific Leaves
- PFML: Private employers can voluntarily offer paid family leave to employees. However, public workers get 6 weeks at a 60% wage replacement.
- Domestic Violence Leave: Large employers must provide 15 days of job-protected leave. However, employees must use paid leave first.
- Military Leave: State Employees get 15 days of paid leave plus an additional 30 days of partial pay.
- Childbirth/Postpartum Medical Leave: Effective from January 1, 2026, employers with 20+ employees may offer up to 25 hours of unpaid leave for childbirth, postpartum, and pediatric appointments in the child’s first year.
Leave Notice & Documentation Table
| Leave Type | Notice Required | Documentation Required |
|---|---|---|
| FMLA/PFML | 30 days in advance if foreseeable; ASAP if urgent | Medical, bonding, or legal documentation as required |
| Sick Leave | As soon as practicable (per employer policy) | Doctor’s note after 3+ days (per employer policy) |
| PTO/Vacation | Per employer policy | Per employer policy |
| Bereavement | ASAP per employer policy | Death certificate or obituary if employer requests |
| Domestic Violence | Advance notice unless in danger; within 3 days after leave | Court, police, medical record, affidavit, or victim services documentation |
| Jury Duty | Notify employer upon receiving summons | Jury summons or court documentation |
| Military Leave | Advance notice if possible | Military orders or call-up papers |
| Voting Leave | N/A (no mandate) | N/A |
| Childbirth/Postpartum Leave (from 2026) | Reasonable advance notice; must minimize workplace disruption | Reasonable documentation if requested by employer |
Essential Components of an HR Leave Policy
- Procedure for Leave Application: Communicate the steps employees should follow to request leave, including advance notice requirements and the necessary approval workflow.
- Categories of Leave: Clearly define the available leave options for employees, such as annual, sick, casual, or special leave.
- Eligibility Criteria: Specify which employees can apply for leave and any conditions that must be met (for example, minimum service period).
- Leave Accrual: Explain how employees earn leave, whether on a monthly or yearly basis.
- Carry Forward and Forfeiture Rules: Specify whether unused leave can be carried forward to the next year or if it expires after a specific period.
- Tracking and Leave Records: Outline how the organization monitors and maintains each employee’s leave entitlement and usage.
HR Compliance: Connecticut Leave Notice & Documentation Requirements
| Leave Type | Notice Required | Documentation Required |
|---|---|---|
| FMLA | 30 days advance notice if foreseeable; otherwise as soon as possible | Medical certification or relevant documentation |
| Sick Leave | As soon as practicable (per employer policy) | May require a doctor’s note after 3+ consecutive days |
| PTO/Vacation | Per employer policy | Per employer policy |
| Bereavement Leave | Per employer policy | May require obituary or death certificate (optional) |
| Jury Duty | As soon as possible after receiving notice | Jury summons or court documentation |
| Domestic Violence Leave | Advance notice if foreseeable; otherwise as soon as possible | Documentation supporting the need for leave |
