No federal or state law requires employers to provide paid or unpaid vacation time for their employees. However, if employers choose to offer a vacation leave, paid or unpaid, to their employees it must comply with applicable state law or employment contract.
The rollover policy
- Statutory Provisions Addressing Vacation Pay
If an employer offers vacation pay or other fringe benefits to employees, those fringe benefits are considered wages when due (N.H. Rev. Stat. § 275:43(V)).
Employers offering vacation pay and other fringe benefits must notify employees in writing, such as either:
A notice posted in the workplace.
As part of the employee handbook.
(N.H. Rev. Stat. § 275:49(III).)
- Use-It-or-Lose-It Policy
State of New Hampshire does not prohibit the policy.
- Payment of Accrued Vacation on Termination
If a policy does not specify whether an employee must be paid for accrued, unused vacation, the employer generally must pay the employee for this time when the employee separates from employment (see N.H. Code Admin. R. Lab. 803.03).
No federal or state law in New Hampshire requires employers to pay out an employee’s accrued vacation, sick leave or other paid time off (PTO) at the termination of employment.
Maternity, Paternity, FMLA
In addition to Family and Medical Leave Act (FMLA) and the Pregnancy Discrimination Act, New Hampshire has the following laws regarding Maternity and Paternity Leave:
Pregnancy Disability LeaveThe New Hampshire’s Law Against Discrimination, requires employers with 6 or more employees to provide employees with leave due to disabilities related to pregnancy or childbirth for the duration of such disability.
Pregnancy and childbirth has to be treated as any other type of templrary disability for all employment-realted purposes, including benefits such as receipt of fringe benefits.
Employees must be reinstated to their previous or comparable position.
Jury Duty Leave
An employer may not terminate, threaten or coerce an employee regarding his or her employment because the employee receives and responds to a summons, serves as a juror or attends court for prospective jury service.
No federal or state law require an employer to provide the employee with paid or unpaid bereavement leave or with any time off to organize or attend a close family member’s funeral.
New Hampshire does not require an employer to provide employees time off to vote, either paid or unpaid. It does provide that an employee who is unable to vote on election day due to employment obligations is considered absent and entitled to absentee voting.
N.H. Rev. Stat. Ann. §§ 110-B:65, 110-C:1
Members of the state National Guard or militia called to active duty by the governor have the same leave and reinstatement rights and benefits guaranteed under USERRA. Employers may not discriminate against employees because of their connection or service with state National Guard or militia. Employers also may not dissuade employees from enlisting by threatening their jobs.