New Hampshire
There are no recent updates to the NH Law Against Discrimination (NH-LAD) or Paid Family and Medical Leave (NH PFML) law. To learn more about these laws, see the NH Deep Dive section.
Last Updated: 06/30/2023
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Deep Dive – State Leave and Pay Programs
New Hampshire at a Glance
New Hampshire has a leave law called the New Hampshire Law Against Discrimination (NH-LAD), which provides unpaid, job-protected leave to a birth parent for the period of time they are disabled due to pregnancy, childbirth or related medical conditions.
Additionally, New Hampshire has a state pay law called the Paid Family and Medical Leave (NH PFML). The NH PFML is an optional law, that employers or individual employees can opt into, if the employer has a worksite in New Hampshire. We have included a factsheet concerning this unique law, here.
Where an employee is eligible for each law, NH-LAD and NH PFML will generally run concurrently with federal FMLA.
For an additional reference regarding how each law relates to one another, in addition to the employee/employer eligibility criteria for these laws, please see the table below in “Leave Types, Benefit Amounts and Durations”.
As part of our leave of absence service, The Larkin Company will track leaves under NH-LAD and NH PFML and advise employees on how to file for the income replacement benefits associated with NH PFML.
If you would like a reminder on the services that Larkin provides in general, please see here.
Coverage Options and Funding (State Income Replacement Benefits)
This resource section provides information on how the benefits are made available to employees, for example, are the state pay benefits provided directly by the state or are employers required to provide the benefit via an insurance carrier, and/or may employers self-insure the benefit. Additionally, how are benefits funded, via contributions made by the employee or employer, or both, as well as providing information on state wage reporting requirements if applicable. Many states paid family leave programs require that employers submit employee wage reports for employees within the state. These reports are primarily used to assess an employee’s eligibility when they file for benefits.
The resource below also provides a summary of employer actions, including how to register with the state to remit contributions and submit wage reports if applicable, and by when contributions/wage reporting is due.
Employer Notice Requirements
Some leave laws require that you notify your employees about their rights under the law, such as, by providing a prescribed notice to new hires, displaying a poster in the workplace, and/or including information about that leave law in your company handbook. Below you will find a summary of the requirements for each law.
Where the law requires that a leave poster/notice must be provided to the employee when they request leave, The Larkin Company will provide the applicable document within our introductory leave packets (see “Larkin Enclosures” within this resource).
Employer Statements Process (State Income Replacement Benefits)
Employers may be required to complete employer forms for certain state income replacement programs, so they must be prepared to look up employee information and respond within the given timelines. While the questions vary state by state, they are typically focused around four areas: leave dates, employment status, last day worked, and questions around pay. To answer these questions, employers typically look in multiple systems to complete the forms:
- Leave dates – clients can use our employer portal or email notifications to confirm dates;
- Demographics/employment status – this information is typically housed in our client’s HRIS;
- Last day worked – this information is typically housed in our client’s time & attendance system;
- Gross wages/last day paid – this information is typically housed in our client’s payroll system.
State Forms– Process
Since this process is complex, we thought it might be helpful for employers to know 1) when to expect the forms based on employees’ work state and 2) when proactive employee collaboration is required. The below information is for New Hampshire.
Also included, is information regarding: if you are required to register with the state’s website for the Employer Statements Process, how to register (if applicable), and how employers can check and employee’s claims status (if allowed by the state).
State Resource Links
State Website(s)
NH Paid Family and Medical Leave (Optional Pay Law)
MetLife (state approved carrier)
State Website (general info)
NH Law Against Discrimination – NH LAD (Pregnancy Leave Law) – no website
State Law and Regulation(s)
Contribution Registration (Paid Leave)
Contact MetLife Customer Solution Center at 1-866-595-PFML (7365). For general information regarding contributions for this state, please see here.
Employer Statement (Claim Process) Registration
N/A – there is no employer registration/portal for the NH claims process at this time. For general information regarding the paid leave employer statement process for this state, please see here.
Disclaimer
The Larkin Company has taken reasonable steps to ensure the accuracy of the information on this page, however we make no representation or warranty of any kind as to its accuracy or completeness. These resources should not be construed or substituted for legal advice. Accordingly, before taking any actions based upon such information provided herein, we encourage you to seek competent legal advice from a licensed attorney or appropriate professionals.