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Maternity leave in New Hampshire

What you get in New Hampshire when you have a baby: job-protected time off, ways to get paid, and the state laws that protect you at work.

Checked October 2026 · 30 sources · Not legal advice

Short answer

New Hampshire has no required paid leave. You're paid only if your employer buys the Granite State plan or you buy an individual plan well ahead of time (60% of wages for 6 weeks, after a 7-month wait). Employers with 6+ employees must let you take leave while you're physically unable to work because of pregnancy, childbirth or a related condition, then give you back your job or a comparable one unless business necessity makes that impossible or unreasonable (RSA 354-A:7 VI).

New Hampshire at a glance

Checked October 2026. Details and sources below.

What you get in New Hampshire

New Hampshire has no required paid leave. You're paid only if your employer buys the Granite State plan or you buy an individual plan well ahead of time (60% of wages for 6 weeks, after a 7-month wait). What you can count on depends on where you work: FMLA's 12 weeks of unpaid, job-protected leave if you qualify, plus whatever your employer pays.

Employers with 6+ employees must let you take leave while you're physically unable to work because of pregnancy, childbirth or a related condition, then give you back your job or a comparable one unless business necessity makes that impossible or unreasonable (RSA 354-A:7 VI). Since Jan. 1, 2026, employers with 20+ employees must also allow up to 25 hours of unpaid leave in your baby's first year for your childbirth and postpartum appointments and the baby's pediatric visits, with your job held (RSA 275:37-f). Neither law requires pay.

State disability programs in California and New York pay for 6 weeks of recovery after a vaginal birth and 8 after a C-section, longer with complications. After recovery, time off to bond with your baby is unpaid unless you use paid time off or your employer offers paid parental leave.

Sources: Electronic Code of Federal Regulations (National Archives); California Employment Development Department (EDD); New York State Workers’ Compensation Board; U.S. Department of Labor. Data as of October 2026.

A typical leave with FMLA, week by week

Vaginal birth12 weeks

C-section12 weeks

  • Recovery
  • Unpaid, job-protected
Assumes you qualify for FMLA and start leave at the birth. Recovery weeks are paid only through short-term disability or paid time off; the rest of the 12 weeks is unpaid unless your employer pays.

Do you qualify for FMLA?

You qualify if you've worked for the employer at least 12 months and 1,250 hours in the past 12 months, at a worksite where the employer has 50+ employees within 75 miles. Public agencies and schools are covered at any size.

50+

employees within 75 miles of your worksite (public employers and schools of any size)

12 mo

with your employer, not necessarily in a row

1,250

hours worked in the past 12 months, about 24 a week

12 wk

of unpaid, job-protected leave, with your health coverage kept

Sources: Electronic Code of Federal Regulations (National Archives); U.S. Department of Labor; U.S. Equal Employment Opportunity Commission

Getting paid during maternity leave in New Hampshire

Your pay while you're out comes from these sources, usually in combination.

  • Short-term disability

    If your employer offers short-term disability, or you have your own policy, it can pay part of your wages while you recover from the birth. Employer plans set their own percent of pay and number of weeks, so ask HR for the plan document. How short-term disability works for pregnancy

  • Paid time off and sick leave

    No federal law requires private employers to give paid family, maternity or parental leave. FMLA leave is unpaid, though workers can use paid leave they've earned, and the Fair Labor Standards Act doesn't require pay for time not worked. Check how many PTO and sick days you'll have saved by your due date.

    Sources: Electronic Code of Federal Regulations (National Archives); U.S. Department of Labor

  • New Hampshire's opt-in paid leave plan

    60% of your average weekly wage (based on the last four completed calendar quarters), with wages capped at the Social Security wage base ($184,500 in 2026); max $2,128.85/week in 2026. Only if you are enrolled: through an employer that buys the plan, or by buying an individual plan yourself. Waiting period: Employer plans: a one-time 7-day unpaid waiting period each benefit year. Individual plan: a one-time 7-month waiting period after enrollment before benefits are available, plus a one-week elimination period.

    Sources: MetLife (state's NH PFML insurance partner); MetLife

  • If you work for the state of New Hampshire

    New Hampshire gives permanent state employees paid family leave at no cost to them: 60% of their average weekly wage for up to 6 weeks a year, including for a birth and newborn care within a year or an adoption or foster placement. It has been in place since Jan. 1, 2023 (RSA 21-I:102, 21-I:111; 2021 law). The law's required coverage leaves out the employee's own health condition, such as recovery from childbirth.

    Sources: New Hampshire General Court; Mercer Law & Policy Group

  • If you're a federal employee

    Federal civilian employees covered by title 5 FMLA can get up to 12 weeks of paid parental leave for each birth or adoption/foster placement on or after Oct. 1, 2020, used within 12 months after the birth or placement. It requires 12 months of qualifying federal service and is separate from sick and annual leave.

    Source: U.S. Office of Personnel Management

Your rights at work in New Hampshire

State laws on leave, pregnancy accommodations and pumping, checked October 2026. Federal law (FMLA, the Pregnant Workers Fairness Act and the PUMP Act) applies on top of these.

  • Leave and pregnancy rules

    State law

    Employers with 6+ employees must let you take leave while you're physically unable to work because of pregnancy, childbirth or a related condition, then give you back your job or a comparable one unless business necessity makes that impossible or unreasonable (RSA 354-A:7 VI). Since Jan. 1, 2026, employers with 20+ employees must also allow up to 25 hours of unpaid leave in your baby's first year for your childbirth and postpartum appointments and the baby's pediatric visits, with your job held (RSA 275:37-f). Neither law requires pay.

    Source: New Hampshire General Court

  • Pregnancy accommodations

    Federal only

    No state pregnancy accommodation law found as of October 2026. State law does require employers with 6+ employees to allow leave while you're physically disabled by pregnancy or childbirth (RSA 354-A:7 VI).

    Sources: New Hampshire General Court; A Better Balance

  • Pumping at work

    State law

    Since July 1, 2025, New Hampshire employers with 6+ employees in the state, including state and local government, must give unpaid breaks of about 30 minutes for every 3 hours worked to pump, for 1 year after birth, plus a clean, private space within a reasonable walk that isn't a bathroom. Employers must have a written policy, you must give 2 weeks' notice, and an employer can be exempted for undue hardship (RSA 275:78-83; 2023 law).

    Source: New Hampshire General Court

Guides

Paternity leave in New Hampshire

New Hampshire doesn't require employers to pay paternity leave. A father or partner who is enrolled in the state's opt-in plan can be paid for bonding leave, up to 6 weeks. If they qualify, FMLA also gives them up to 12 weeks of unpaid, job-protected leave to care for the newborn.

State employees: New Hampshire gives permanent state employees paid family leave at no cost to them: 60% of their average weekly wage for up to 6 weeks a year, including for a birth and newborn care within a year or an adoption or foster placement. It has been in place since Jan. 1, 2023 (RSA 21-I:102, 21-I:111; 2021 law). The law's required coverage leaves out the employee's own health condition, such as recovery from childbirth.

Sources: Electronic Code of Federal Regulations (National Archives); New Hampshire General Court; Mercer Law & Policy Group

12 wk

unpaid, job-protected FMLA leave for an eligible father or partner

6 wk

of paid bonding leave, only if enrolled in the opt-in plan

Your maternity leave, step by step

  1. During pregnancy

    Ask HR for the leave policy, the short-term disability plan document, and whether you qualify for FMLA. Tell your employer your expected dates as early as you can, and check how much paid time off you'll have.

  2. From the birth: recovery

    File your short-term disability claim if you have coverage. California's and New York's disability programs count 6 weeks of recovery after a vaginal birth and 8 after a C-section; your provider can certify more for complications.

  3. To week 12: bonding

    FMLA's job protection runs 12 weeks in all. After recovery, this time is unpaid unless you use paid time off or your employer pays parental leave.

  4. Back at work

    If you're pumping: Since July 1, 2025, New Hampshire employers with 6+ employees in the state, including state and local government, must give unpaid breaks of about 30 minutes for every 3 hours worked to pump, for 1 year after birth, plus a clean, private space within a reasonable walk that isn't a bathroom. Employers must have a written policy, you must give 2 weeks' notice, and an employer can be exempted for undue hardship (RSA 275:78-83; 2023 law).

Questions about maternity leave in New Hampshire

How long is maternity leave in New Hampshire?

No New Hampshire law requires paid maternity leave. If you qualify for FMLA, you get up to 12 weeks of unpaid, job-protected leave. Employers with 6+ employees must let you take leave while you're physically unable to work because of pregnancy, childbirth or a related condition, then give you back your job or a comparable one unless business necessity makes that impossible or unreasonable (RSA 354-A:7 VI). How much of that time is paid depends on your short-term disability coverage, your saved paid time off and your employer's own leave policy.

Does New Hampshire have paid family leave?

New Hampshire has no required paid leave. You're paid only if your employer buys the Granite State plan or you buy an individual plan well ahead of time (60% of wages for 6 weeks, after a 7-month wait).

Do I qualify for FMLA?

You qualify if you've worked for the employer at least 12 months and 1,250 hours in the past 12 months, at a worksite where the employer has 50+ employees within 75 miles. Public agencies and schools are covered at any size.

Does New Hampshire require pregnancy accommodations at work?

No state pregnancy accommodation law found as of October 2026. State law does require employers with 6+ employees to allow leave while you're physically disabled by pregnancy or childbirth (RSA 354-A:7 VI). The Pregnant Workers Fairness Act requires employers with 15 or more employees to provide reasonable accommodations for limitations related to pregnancy, childbirth or related conditions unless it causes undue hardship. EEOC lists leave for health care appointments and leave to recover from childbirth as examples. It doesn't require the leave to be paid.

Is there paternity leave in New Hampshire?

Only through the opt-in plan: a father or partner who is enrolled can be paid for up to 6 weeks of bonding leave. If they qualify, FMLA also gives them up to 12 weeks of unpaid, job-protected leave.

Do New Hampshire state employees get paid parental leave?

New Hampshire gives permanent state employees paid family leave at no cost to them: 60% of their average weekly wage for up to 6 weeks a year, including for a birth and newborn care within a year or an adoption or foster placement. It has been in place since Jan. 1, 2023 (RSA 21-I:102, 21-I:111; 2021 law). The law's required coverage leaves out the employee's own health condition, such as recovery from childbirth.

More for new parents in New Hampshire

Sources

  1. 1.New Hampshire Paid Family and Medical Leave (NH PFML) MetLife (state's NH PFML insurance partner). Accessed October 9, 2026.
  2. 2.File a Claim MetLife. Accessed October 9, 2026.
  3. 3.RSA 21-I:102 Contracting and Administrative Authority (Granite State Paid Family Leave Plan) New Hampshire General Court. Accessed October 9, 2026.
  4. 4.RSA 21-I:103 State Employee Coverage Linked to Coverage Offerings for Other Employers and for Individual Employees New Hampshire General Court. Accessed October 9, 2026.
  5. 5.RSA 21-I:111 Program Start-up New Hampshire General Court. Accessed October 9, 2026.
  6. 6.RSA Chapter 282-B Purchasing Pool for Family and Medical Leave Insurance New Hampshire General Court. Accessed October 9, 2026.
  7. 7.RSA 354-A:7 Unlawful Discriminatory Practices (pregnancy disability leave, VI) New Hampshire General Court. Accessed October 9, 2026.
  8. 8.RSA 275:37-f Leave of Absence to Attend Medical Appointments for Childbirth, Postpartum Care, and Infant Pediatric Medical Appointments New Hampshire General Court. Accessed October 9, 2026.
Show all 30 sources
  1. 9.New Hampshire Adopts New Parental Medical Leave Law New Hampshire Bar Association. Accessed October 9, 2026.
  2. 10.HB1761-FN (2026) expanding the New Hampshire paid family and medical leave program: bill status New Hampshire General Court. Accessed October 9, 2026.
  3. 11.State paid family and medical leave contributions and benefits (Feb. 6, 2026) Mercer Law & Policy Group. Accessed October 9, 2026.
  4. 12.RSA 354-A:2 Definitions (employer: 6 or more persons) New Hampshire General Court. Accessed October 9, 2026.
  5. 13.State Pregnant Workers Fairness Laws (updated Dec. 1, 2025) A Better Balance. Accessed October 9, 2026.
  6. 14.RSA 275:78 Definitions (Policies Relating to Nursing Mothers) New Hampshire General Court. Accessed October 9, 2026.
  7. 15.RSA 275:79 Notification of Policies (nursing mothers) New Hampshire General Court. Accessed October 9, 2026.
  8. 16.RSA 275:80 Sufficient Space (nursing mothers) New Hampshire General Court. Accessed October 9, 2026.
  9. 17.RSA 275:81 Reasonable Break Period (nursing mothers) New Hampshire General Court. Accessed October 9, 2026.
  10. 18.RSA 275:83 Hardship Exemption (nursing mothers) New Hampshire General Court. Accessed October 9, 2026.
  11. 19.29 CFR 825.100 The Family and Medical Leave Act Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  12. 20.29 CFR 825.104 Covered employer Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  13. 21.29 CFR 825.110 Eligible employee Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  14. 22.29 CFR 825.200 Amount of leave Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  15. 23.29 CFR 825.214 Employee right to reinstatement Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  16. 24.Family and Medical Leave Act (FMLA) U.S. Department of Labor. Accessed October 9, 2026.
  17. 25.What You Should Know About the Pregnant Workers Fairness Act U.S. Equal Employment Opportunity Commission. Accessed October 9, 2026.
  18. 26.The Pregnant Workers Fairness Act (42 U.S.C. 2000gg) U.S. Equal Employment Opportunity Commission. Accessed October 9, 2026.
  19. 27.Vacation Leave U.S. Department of Labor. Accessed October 9, 2026.
  20. 28.Fact Sheet: Paid Parental Leave U.S. Office of Personnel Management. Accessed October 9, 2026.
  21. 29.Disability Insurance – Pregnancy FAQs California Employment Development Department (EDD). Accessed October 9, 2026.
  22. 30.Introduction to the Disability Benefits Law (employee disability benefits) New York State Workers’ Compensation Board. Accessed October 9, 2026.

Maternity leave in other states

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