New Hampshire Leave of Absence (FMLA) laws & compensation compliance analysis

New Hampshire Leave of Absence (FMLA): What you need to know

Some states have comprehensive laws that require employers to grant employees time off for the birth or adoption of a child, or to care for a family member with a serious illness, but New Hampshire does not have such a law. However, New Hampshire employers with 50 or more employees are covered by the federal Family and Medical Leave Act (FMLA). There are details on the FMLA.
For a Limited Time receive a FREE Compensation Market Analysis Report! Find out how much you should be paying to attract and retain the best applicants and employees, with customized information for your industry, location, and job. Get Your Report Now!
New Hampshire legally recognizes marriage between two individuals of the same sex (NH Rev. Stat. Sec. 457:1-a). Civil unions are no longer permitted under the law. Employers are required to provide benefits on an equal basis to employees in same-sex or opposite-sex marriages. Same-sex marriages or civil unions entered into outside the state are valid in New Hampshire unless the relationship violates state law.
Interaction with federal FMLA. Under the federal FMLA, a covered "spouse" is a husband or wife as defined or recognized under state law for purposes of marriage in the state where the marriage was celebrated.
In 2015, the U.S. Supreme Court legalized same-sex marriage in all states, nationwide (Obergefell v. Hodges 576 U.S. ___ (2015)). As a result, the federal FMLA’s definition of “spouse” will apply to employees in a same-sex marriage.
Although New Hampshire does not have a family and medical leave law, public employees may take sick leave for maternity-related disabilities (NH Admin. Rules Per. Sec. 1209.01).
Public employees may also use up to 5 days of sick leave per year to care for dependents living in the employee's house, and up to 4 days of sick leave per year for death in the employee's immediate family (NH Admin. Rules Per. Sec. 1204.05).

Read more about Leave of Absence (FMLA)