Beginning on January 1, 2026, New Hampshire employers with at least 20 employees are required by law to provide employees with up to 25 hours of unpaid leave to attend postpartum and pediatric healthcare visits after the first year of a child’s birth or adoption. Governor Ayotte signed this into law on June 27, 2025. It arises from the “Momnibus 2.0,” a maternal health package incorporated into the state’s Fiscal Year 2026-2027 budget.
Under this new law, employees are entitled to up to 25 hours total of leave to attend: (1) their own appointments relating to childbirth or postpartum care and/or (2) pediatric appointments for their child. Employees are only entitled to this leave for a child’s first year of life or for a year after their adoption. Employers are not required to pay employees for these hours; however, employees may opt to use other types of appropriate paid leave or vacation instead of this unpaid childbirth leave.
If both parents work for the same employer, then the 25 hours of leave are to be split between the two parents. Despite this, however, the policy is not restricted to just mothers, so all employees may take this type of leave, so long as they qualify with the birth or adoption of a child.
To take advantage of this leave policy, employees must provide reasonable notice to their employer and must make a reasonable effort to schedule the leave to not disrupt the operations of their employer. Employers may ask for documentation from the employee to verify that the time is being used to its intended purpose. The new law does not define or address what constitutes “reasonable notice,” “reasonable effort,” or “documentation.”
Upon an employee’s return from this covered leave, an employer must return the employee to their original job.
New Hampshire employers should ensure that their policies are updated to align with this new law and that they are prepared to provide this leave beginning on January 1, 2026. Employers seeking to update their leave policies to adjust to this new law should consult with legal counsel to review and determine whether they want to revise existing policies or create new policies and procedures.
