There is no New Hampshire sick leave law for private employers: no New Hampshire law requires paid sick leave; the employer’s own policy or a union contract controls, and the federal FMLA gives up to 12 weeks of unpaid, job-protected leave at employers of 50 or more.
This guide gives the exact new hampshire sick leave law rule with the date we verified it, the statute, and what to do next. Rules verified against New Hampshire Department of Labor, Wage and Hour Division on 2026-10-08; confirm the current rule with New Hampshire Department of Labor, Wage and Hour Division or an attorney before you rely on it.
New Hampshire Sick Leave Law at a Glance
| Law | No state paid-sick-leave mandate |
| What applies instead | The employer’s policy; the federal FMLA (unpaid, employers of 50 or more) |
| Statute | No statute |
In This New Hampshire Sick Leave Law Guide:
New Hampshire Sick Leave Law: The Rule
No New Hampshire law requires paid sick leave; the employer’s own policy or a union contract controls, and the federal FMLA gives up to 12 weeks of unpaid, job-protected leave at employers of 50 or more. Many employers offer sick days anyway; once promised in a written policy, they are enforceable as part of your pay.
What New Hampshire Sick Leave Law Lets You Use Leave For
New Hampshire has no general law that makes private employers offer paid or unpaid sick leave. If an employer has a sick leave policy, the employer generally has to follow its written terms, and sick pay that is due under the policy is treated as wages.
If you are eligible, the federal FMLA allows unpaid, job-protected leave for your own serious health condition, to care for a spouse, child or parent with a serious health condition, or for the birth or adoption of a child.
New Hampshire Sick Leave Law at a Glance
Rules verified against New Hampshire Department of Labor, Wage and Hour Division on 2026-10-08; confirm the current rule with New Hampshire Department of Labor, Wage and Hour Division or an attorney before you rely on it. The statute row is where to check it yourself.
| Law | No state paid-sick-leave mandate |
| What applies instead | The employer’s policy; the federal FMLA (unpaid, employers of 50 or more) |
| Statute | No statute |
Accrual, Caps and Carryover Under New Hampshire Sick Leave Law
State law lets a New Hampshire employer set its own notice and documentation requirements, such as call-in rules or a doctor’s note. The employer has to tell employees about its sick leave policy in writing or by posting it. For FMLA leave, the employer may ask for medical certification and for notice as soon as it is practicable.
Paid or Unpaid Under New Hampshire Sick Leave Law
Unpaid unless the employer promises pay; the FMLA is unpaid by design.
New Hampshire Sick Leave Law and Retaliation
New Hampshire does not have a general anti-retaliation rule for using sick leave. A crime victim who takes leave to attend court or investigative proceedings is protected from being fired for it. If you are eligible for FMLA, federal law bars employers from interfering with or retaliating against you for using that leave. Confirm with the state agency or the U.S. Department of Labor.
Local Rules and New Hampshire Sick Leave Law
Some cities add their own paid-leave ordinance on top of state law; the more generous rule applies.
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Other New Hampshire Sick Leave Law Rules to Know
New Hampshire’s crime-victim leave law lets a victim of a crime take time off to attend court or other legal or investigative proceedings related to the case. The employee may choose to use accrued sick, vacation or personal leave for that time, or the employer may require it, and the employee keeps seniority while away. The state also has a voluntary paid family and medical leave insurance program.
It replaces part of your wages but does not itself guarantee your job back.
Denied the leave you earned? The labor department enforces the sick-leave law for free.
Contact New Hampshire Department of Labor, Wage and Hour Division
New Hampshire — the bottom line
- The new hampshire sick leave law does not exist for private employers — the handbook and the federal FMLA are the rules.
- Under the new hampshire sick leave law promised sick days in a written policy are still enforceable pay.
- The new hampshire sick leave law question is answered by your employer policy, not the statute book.
Frequently Asked Questions
Is paid sick leave required in New Hampshire?
No. New Hampshire has no paid-sick-leave mandate for private employers.
How much sick leave do I get under New Hampshire sick leave law?
Whatever the employer’s policy provides.
Which employers are covered by the New Hampshire sick leave law?
No employer is required to provide it.
Can I be fired for using sick leave in New Hampshire?
New Hampshire does not have a general anti-retaliation rule for using sick leave. A crime victim who takes leave to attend court or investigative proceedings is protected from being fired for it.
When did the New Hampshire sick leave law take effect?
There is no such law.
Official New Hampshire Sources & Resources
- New Hampshire Department of Labor, Wage and Hour Division: https://www.nh.gov/labor/inspection/wage-hour.htm
- New Hampshire statute: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-XXIII-275.htm
- Verified source: https://marketingpreview.mercer.com/content/dam/mercer-dotcom/migrated-assets/blogs/law-and-policy/2025/07/pdf-2025-roundup-state-accrued-paid-leave-mandates.pdf
- Verified source: https://www.ep.com/legal-and-compliance/sick-and-paid-leave-laws-update/
- Verified source: https://www.hubinternational.com/en-us/hub-resources/absence-management-bulletins/2025/11/2025-2026-state-leave-law-updates/
- Verified source: https://www.postercompliance.com/blog/paid-sick-leave-laws-by-state/
- U.S. Department of Labor, Wage and Hour Division — state payday requirements: dol.gov
This new hampshire sick leave law guide was last verified against official New Hampshire sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
More New Hampshire Workplace Rights Guides
- New Hampshire PTO Laws: Is Unused Vacation Paid Out?
- New Hampshire Break Laws: Meal and Rest Breaks
- New Hampshire Labor Laws: Every Rule in One Place
- New Hampshire Unemployment Eligibility: Who Qualifies
- Unemployment and Workplace Rights Guides for All 50 States
Disclaimer: This guide is general information, not legal or financial advice. My Unemployment Rights is an independent educational resource, not a government agency and not a law firm. Final-paycheck deadlines, penalties and non compete rules change — every figure here carries the date we verified it. Confirm the current rule with your state labor department or a licensed attorney before you act.