In November and December, the New Hampshire Department of Labor hosted several employment law training sessions around the Granite State.

The sessions covered a range of topics, including: an overview of the department’s role, new state laws, differences between the state and federal departments of labor, inspections, common labor law violations, and more.

You can view NH DOL’s slides from the information session by clicking HERE or below:

New Information About New Parent Time Off Mandate. Among the new labor laws discussed during the information session was the state’s new requirement that employers with 20 or more employees provide 25 hours of unpaid time off to expecting and new parents.

That new mandate takes effect on January 1, 2026. Read more about it here: New Hampshire’s New Parent Leave Mandate Takes Effect Jan. 1 – NFIB.

During the information session’s Q&A portion, NH DOL provided additional information that may be helpful to small businesses trying to figure out how to comply with the new law.

For workforce management purposes, covered employers (20+ employees) should update their written policies to provide guidance for new parent leave requests. Policies should align with the text of the law and NH DOL’s interpretation.

Q: Can an employer require that an employee submit a request for time off under this section in writing? Does the employer have recourse if the employee does not comply with this requirement?

A: Yes, the employer can require employees to submit written time off requests under this section. The statute requires that employees provide reasonable notice to the employer prior to the leave. Therefore, requiring the employee to submit written time off request would not be in violation of the statute.

Recourse available to the employer for an employee not submitting a written time off request for the leave would probably be determined based upon the employer’s policies regarding submitting time off requests.

Q: If asked by the employer, is an employee required to submit documentation (e.g., appointment confirmation) to support the use of time off under this section? Does the employer have recourse if the employee refuses?

A: Yes, the employer can require the employee to submit documentation to support the leave request under the parental leave. The submission of documentation could be before or after taking the leave.

Recourse for the employer could be available. In an instance where the employee does not produce the requested documentation, the employer can take corrective action following its procedures for violations to its workplace policy.

Q: How does the department interpret “original job” for the purposes of reinstatement following leave? Does that mean the employee’s title and function, or does it also include their specific hours, shift, overtime, and other obligations?

As an example: an employee has a series of qualifying appointments, and a scheduling change with one or more other employees was made to ensure operational continuity while accommodating the employee taking leave. Is the employer required to return the employee taking leave to their pre-leave schedule?

A: The department interprets the “original job” under this section to reasonably include the employee’s title/function as well as the employee’s regularly scheduled hours at the conclusion of the leave. In the scenario provided below, it would be reasonable to return the employee to their regular title/function and schedule once all appointments have been completed. The employer may also obtain the employee’s consent to change their job/hours when the employee returns from leave.

Q: Does the department have any guidance on what constitutes “reasonable notice” prior to taking leave?

A: This is a fact specific question that is determined based upon the individual employer’s needs. The department uses the reasonable person standard.

Q: What is the penalty if an employer is found to have violated this section?

A: If an employer is found to have violated this section, the penalties are governed under RSA 273:11-a. Because RSA 275:37-f is not included in the no warn section of 273:11-a, the department would issue a warning to the employer before issuing civil penalties for violations to this section.

Note: this means that a second violation could result in a civil penalty of up to $2,500.

Q: Is leave under this section in addition to leave authorized under FMLA, if applicable?

A: Yes, leave under 275:37-f is in addition to leave under FMLA.

Note: FMLA applies to businesses with 50 or more employees.

Additional Employment Law Resources. NFIB members with questions about how to comply with NH DOL regulations can contact New Hampshire State Director John Reynolds at john.reynolds@NFIB.org or 603-932-7757.

You can also reach out directly to NH DOL at InspectionDiv@dol.nh.gov or (603) 271-3176.

NH DOL Inspections Website: Inspections | State of New Hampshire Department of Labor

Information on your Joint Loss Management Committee and filling your Safety Summary Form Online: File an Online Safety Summary Form | State of New Hampshire Department of Labor

RSAs & Lab Rules regarding Wage and Hour: Wage and Hour | State of New Hampshire Department of Labor

Youth Employment Regulations and PDF of Hazardous Orders: Youth Employment | State of New Hampshire Department of Labor

NH DOL Resource Center: Resource Center | State of New Hampshire Department of Labor

Resources from NH Employment Security:

WorkInvestNH | New Hampshire Employment Security

NHWorks Job Match