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New Hampshire Family and Medical Leave Laws

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Generally speaking, New Hampshire Family and Medical Leave laws follow the federal guidelines.
The FMLA allows all employees to take up to 12 weeks of unpaid leave when they or a loved one is sick or injured.
Employees may use accumulated leave such as sick and vacation time before taking unpaid leave.
Job protected leave through the FMLA can be used in the following situations:
  • Following the birth of a newborn child;
  • Following the placement of an adopted or foster child;
  • To care for a spouse, child or parent with a serious health condition;
  • To take medical leave from work when the employee has a serious health condition;
  • When a qualifying family member (spouse, child or parent) is an active duty military service member and has received deployment orders;
  • When a qualifying family member on active duty is injured or becomes sick during military service and requires care.
    Up to 26 weeks of leave are allowed for this purpose each year.
In addition to the leave benefits provided by the federal statutes, New Hampshire state laws make provisions for both crime victims and public sector employees.
Crime Victims All employers in the state of New Hampshire must grant unpaid leave to employees who are the victim of a crime.
The time off provides an employee with the ability to attend court proceedings or other meetings associated with the prosecution of the crime.
Although the leave is typically unpaid, crime victims have the option to use any accrued paid leave such as paid vacation, personal or sick leave.
Employees must provide employers with a notice for each scheduled hearing, conference or meeting that will necessitate missing work.
Public-Sector Employers State employees also get some additional benefits.
New Hampshire allows state employees to use accrued sick leave for absences due to the following:
  • The employee's own illness or injury;
  • If, in a physician's opinion, the employee's presence at work could expose other employees to a contagious disease;
  • Medical and dental appointments;
  • A death in the employee's "immediate family.
    " The definition of immediate family is broadly defined and includes all in-laws.
State employees may use up to five sick days per year to care for dependents residing in the employee's home or for a death in the employee's immediate family.
Leave cannot be counted against bonus computations.
Additionally, state employers may place an employee on sick leave when the employee appears to be in a physical condition that would prohibit him or her from fulfilling assigned duties.
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