New Hampshire Leave of Absence (FMLA) laws & HR 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.
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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).

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