Client Alert: New Year, New Leave Law Covering Spouses of Uniformed Military Members in New Hampshire
CLIENT ALERT
New Year, New Leave Law Covering Spouses of Uniformed Military Members in New Hampshire
By Attorneys Jane Pyatt and James Reidy
As 2025 comes to a close, many New Hampshire employers should be aware of and prepared to comply with New Hampshire’s new leave law for spouses of those serving in the military.
Many uniformed service members already receive employment protections under state and federal laws, but beginning on January 1, 2026, spouses of military service members who work for a covered New Hampshire employer may be eligible to take unpaid, job-protected leave if their spouse is deployed. The new law, entitled An Act Relative to the Employment of Military Spouses in the Event of Involuntary Deployment of Service Member (“Act”), was enacted in July 2025. The Act is intended to “provide employment protections for the spouses of military service members who are involuntarily mobilized” and serve as a complement to the employment protections offered to members of the military under the federal Uniformed Services Employment and Reemployment Rights Act (“USERRA”).
Who is Covered?
Employers with 50 or more employees working at any one New Hampshire location are covered by the new leave requirements. In addition, an employee must be “legally married to a member of the uniformed services” and work for a covered employer to be eligible for leave under the Act.
Key Obligations for Employers
Under the Act, an eligible employee may take job-protected leave during his or her spouse’s involuntary mobilization. The leave may be unpaid, and employers are not required to continue the accrual of employee benefits during an employee’s leave. However, covered employers are prohibited from discharging, refusing to hire, or taking adverse employment action against an employee because of his or her spouse’s involuntary mobilization. This means that covered employers are prohibited from retaliating against an employee for taking leave under the Act.
Notice Requirements
The Act imposes notice requirements on eligible employees. An eligible employee must notify his or her covered employer within 30 days of receiving official notice of his or her spouse’s involuntary mobilization. Upon receiving an employee’s notice of a spouse’s mobilization, covered employers must provide written acknowledgement of the notice and expressly confirm their compliance with the requirements of the Act.
Enforcement
The New Hampshire Department of Labor (“NHDOL”) is responsible for both enforcing the Act and providing procedural rules for the Act’s implementation. If an employee believes his or her employer has violated the Act, the employee may file a complaint with NHDOL. Potential penalties for violations of the Act include reinstatement, back pay, and reasonable attorneys’ fees and legal costs.
Next Steps for Employers
Covered New Hampshire employers should ensure that they understand their obligations under the Act. Those employers should update their policies, familiarize supervisory employees with the law, and keep an eye out for additional guidance from NHDOL regarding the implementation of the Act. n addition, employers should consult with employment counsel to ensure compliance. Attorneys in our Labor & Employment group are available to assist employers in understanding and complying with the obligations arising from this new law.
This article is intended to serve as a summary of the issues outlined herein. While it may include some general guidance, it is not intended as, nor is it a substitute for, legal advice.