New Hampshire Leave for Childbirth, Postpartum Care, and Infant Appointments - Legislative Guidance

Table of Contents

Overview

Employers with 20 or more employees must allow employees with a newborn child, newly adopted child or employees needing appointments for childbirth/postpartum care purposes at least 25 work hours of unpaid, job-protected leave within the first year of birth or placement of the child.  

AbsenceSoft Policies

 New Hampshire Leave for Childbirth, Postpartum Care, and Infant Appointments is configured in AbsenceSoft with the policy code and naming below:

• New Hampshire Leave for Medical Appointments for Childbirth, Postpartum Care, and Infant Pediatric Appointments NH-APPOINTMENTS       

Legislation codes and statues

The information presented in the guidance relates to the following legislative codes, links to the specific legislation can be found within the ‘Resources’ section of this document:

• New Hampshire Revised Statutes Title 23, Chapter 275, Section 37-f (N.H. Rev. Stat. § 275:37-f).

Employer Coverage

Employers with 20 or more employees.

Employee Eligibility

Employees must have an applicable reason for leave and meet the timing requirements for leave. 

Qualifying Absence Reasons and Leave Duration

An employee may take up to 25 hours of leave within the first 12 months of birth or placement.

Family Leave

• Appointments: Appointments related to the pediatric care within the first year of birth or placement.

Medical Care

• Appointments: Employee’s own medical appointment needs to address childbirth or postpartum care appointments. 

Qualifying Family Member

• Child or Adopted child.

How Leave Can be Taken

The law does not specify how leave may be taken. Employers will want to consult on the best approach for their organization. Typically, employers may offer consecutive, intermittent, or reduced schedule for any qualifying reason.

• Consecutive leave: A continuous, uninterrupted period of leave taken for a single qualifying reason.

• Intermittent leave: Leave taken in separate, sometimes unpredictable, blocks of time (either hours, days or weeks).

• Reduced schedule: A reduction to the employees’ work schedule that results in either fewer hours per day or fewer days per week. A reduced schedule is consistent from one week to the next. 

Certification Requirements

Employers may request documentation to support the leave request. When the information should be returned is not discussed within the regulations. The contents of the documentation should confirm the leave is being used for its intended purpose under the law. ¹

Pay and Benefits

Employers are not required to provide pay, and the leave is interpreted as unpaid unless otherwise offered by the employer. Where state pay benefits are involved with other law interactions, employers will want to consider where PTO/employer pay benefit application should occur.

Use of Paid Time Off (PTO)

An employee may use any accrued benefits offered by the employer appropriate for the leave event.

Job Protection

Employees should be returned to their original job.

Other Protections

No other protections are discussed within the law.

Benefits

Benefits are not discussed within the law due to the short nature. Employers may need to consult internally on any policies or procedures for their organization.  

Interaction with Other Laws

Where an employee meets the definition of family member, qualifying absence reason, or serious health condition, the state and federal laws may interact. Accommodations that are not leave related, would not run concurrently with other state or federal leave laws.  

Family and Medical Leave Act (FMLA)

There may be minimal situations that arise where FMLA may be a factor. A serious health condition must be met under FMLA, and does not cover routine medical appointments.

Pregnant Workers Fairness Act(PWFA)

PWFA may run concurrently in some circumstances for childbirth and postpartum care.  

Employee and Employer Responsibilities

Employee Responsibilities

• Employees must provide reasonable advance notice for leave;

• Provide documentation when requested;

• Decide on use of any applicable employer accrued benefits for pay;

• Schedule leave where it is least disrupt to business needs; and 

• Follow employer policies and procedures for time off reporting.          

Employer Responsibilities

• There is no posting requirement for this law;

• Return employees to their original position;

• Determine if the leave will be paid or at the discretion of employee’s use of accrued benefits;

• Review any documentation timing or procedures for providing documentation;

• Decide on sharing of leave benefits when both parents are employed.     

Resources

New Hampshire Legislation: https://gc.nh.gov/rsa/search/default.aspx Title 23, Chapter 275, Section 275:37-F and Bill HB 2

^{1 N.H. Rev. Stat. § 275:37-f}