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New Hampshire Maternity and Pregnancy: What you need to know

The New Hampshire Law Against Discrimination prohibits employment practices that discriminate on the basis of sex, including pregnancy. The law requires that employers allow female employees to take a leave of absence for the period of temporary physical disability resulting from pregnancy, childbirth, or related medical conditions. For all other employment-related purposes, including receipt of benefits under fringe benefit programs, pregnancy, child-birth, and related medical conditions should be considered temporary disabilities. A female employee affected by pregnancy, childbirth, or related medical conditions must be treated in the same manner as any employee affected by any other temporary disability.
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Return to work. When the employee is physically able to return to work, her original job or a comparable position must be made available to her unless business necessity makes this impossible or unreasonable.
The Law covers all public employers, regardless of size, and private employers with six or more employees (NH Rev. Stat. Sec. 354-A:7).
Any leave of absence or time-off policy must be the same for employees with pregnancy-related disabilities as for employees with other types of temporary disabilities. This extends to the commencement and duration of leave, accrual of seniority and other benefits while on leave, and job reinstatement (NH Rev. Stat. Sec. 354-A:7).
Tip: The employee is not entitled to be paid for maternity leave unless employees with other temporary physical disabilities are also paid. If the employer requires use of vacation and/or sick leave for temporary disabilities, then it may require the same for pregnancy. The employer who returns from her pregnancy leave is ...

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