Effective Jan. 1, 2026, Granite State employers with at least 20 employees must provide employees with up to 25 hours of unpaid leave to attend medical appointments associated with childbirth, postpartum care, and their infant's medical appointments within the first year of the child's birth or adoption.
This new leave obligation appears in a broader piece of legislation, HB 2, an act "relative to state fees, funds, revenues, and expenditures," which was signed into law on June 27, 2025.
Subject to the 25-hour limit, covered employers may not deny employees' leave requests to attend their "own medical appointments for childbirth, postpartum care, or the employee's child's pediatric medical appointments within the first year of the child's birth or adoption." The law allows an employee to substitute any accrued vacation time or other appropriate paid leave for unpaid childbirth-related leave.
Employees must provide reasonable notice to the employer prior to the leave and make a reasonable effort to schedule the leave so as not to unduly disrupt the employer's operations.
Covered employers may ask the employee for documentation to ensure leave is used for a covered purpose. The law, however, does not indicate what type of documentation is sufficient to verify the use of the leave.
Upon return from a covered appointment, the employer must return the employee to the employee's original job. The law does not address any minimum or maximum increments for use of the leave.
If the parents of a child are employees of the same employer, they collectively may take a total of 25 hours of childbirth-related leave in their child's first year.
The new law will appear as NH RSA 275:37-f ("Leave of Absence to Attend Medical Appointments for Childbirth, Postpartum Care, and Infant Pediatric Medical Appointments").
Covered employers should ensure their leave policies comply with this new law. If you have questions, please contact a Jackson Lewis attorney.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
