Client Alert: New Leave Requirements for New Parents in New Hampshire Starting in 2026

CLIENT ALERT

By Attorneys Andrea Chatfield and Jennifer Moeckel

New Hampshire law will soon allow new parents to take time away from work for pediatric medical appointments for their newly born or adopted child and for medical appointments for childbirth and postpartum care if they work for an employer covered by the new law.

When will the law be effective? January 1, 2026. This new law was a very small part of the large state budget bill, HB 2, which was passed and signed in late June 2025. The leave law was part of the “Momnibus 2.0” provisions inserted into the budget bill to address maternal mental health care and other family supports in addition to the workforce protections the new leave law provides.

Which employers are covered? New Hampshire employers with 20 or more employees are covered by this new leave law.

Which employees are eligible? Any employee of a covered employer who needs leave for covered reasons. Despite the “Momnibus 2.0” label of the legislation, leave time is available for both new moms and dads.

How much time may an employee take? An eligible employee of a covered employer may take up to 25 hours of leave time during the first year following their child’s birth or adoption. The law does not provide any minimum or maximum increments in which the 25 hours may be used. However, if both parents of a child work for the same employer, they will be limited to a collective total of 25 hours of leave (i.e., not 25 hours each).

What can the time be used for? Leave time under this new law may be used to:

• Attend the employee’s own medical appointments for childbirth and postpartum care; and
• Attend the employee’s child’s pediatric medical appointments within the first year following the child’s birth or adoption.

Is the leave time paid? Generally, no. The law says the time off is without pay; however, it also says that employees must be allowed to use any accrued vacation or similar paid time off while taking this leave. Employers should also be mindful that for salaried employees, there are limitations on when salaries can be deducted for absences.

Is there job protection for employees who take leave? Yes. Covered employers must reinstate employees who take leave under this law to their original jobs.

Can employers require notice and proof? Yes. Employees must provide their employers with reasonable notice before taking leave, and make reasonable efforts to schedule the leave so as not to unduly disrupt the employer’s operations. Employers may ask employees for documentation to ensure the time is being used for permissible purposes under the law. The law does not specify any specific form for the documentation.

How does this new law work with other laws that apply to new parents? This new law is in addition to the New Hampshire maternity leave law and lactation break law as well as the federal Family and Medical Leave Act, Pregnant Workers Fairness Act, and PUMP Act. The new law will, in certain situations, need to be administered in coordination with those laws to the extent they apply in any given situation.

What should covered employers do now? Update policies to reflect this new law before January 1, 2026, train supervisory employees about this new law, and consult with your organization’s employment law attorney about any questions.

This client alert is intended to serve as a summary of the issues described. While it may include general guidance, it is not intended as, nor is it a substitute for, legal advice.

As members of the firm’s Labor & Employment Group, Jen and Andrea regularly advise employers on legal compliance for all aspects of the employment relationship.