New Hampshire
Verified February 2026New Hampshire Law Against Discrimination
N.H. Rev. Stat. Ann. §§ 354-A:1 to 354-A:28
New Hampshire does not have a state-level family or medical leave law that supplements the federal FMLA. For most employees in New Hampshire, the right to unpaid, job-protected leave for serious health conditions or caregiving relies entirely on the federal Family and Medical Leave Act (FMLA). To qualify, you generally must work for an employer with 50+ employees and have worked there for at least 12 months.
However, New Hampshire workers benefit from strong anti-discrimination protections through the New Hampshire Law Against Discrimination (RSA 354-A). Notably, this law covers employers with as few as 6 employees – a significantly lower threshold than the federal ADA’s 15-employee minimum. Under this statute, employers cannot discriminate against workers based on disability, including mental health conditions, and must provide reasonable accommodations unless doing so would impose an undue hardship. The New Hampshire Commission for Human Rights (NHCHR) has full investigation and enforcement powers to address violations.
While New Hampshire lacks a state-mandated paid sick leave law, the state does have a whistleblower protection statute that shields employees who report workplace violations from retaliation. Workers’ compensation coverage in New Hampshire covers mental health injuries, though claims for purely psychological injuries without a physical component may face heightened evidentiary requirements.
Even without a dedicated state leave law, New Hampshire workers have meaningful protections. The combination of federal FMLA, the ADA, and New Hampshire’s own Law Against Discrimination – with its lower employer-size threshold – creates a safety net that extends to workers at smaller businesses who might not be covered by federal anti-discrimination law alone.
Employer Size
6+ employees
Leave Duration
N/A (no state leave law)
Paid Leave
Unpaid (job-protected)
Leave: New Hampshire does not have a state family or medical leave law. Federal FMLA is the primary source of job-protected leave.
Anti-Discrimination: The New Hampshire Law Against Discrimination covers employers with just 6 or more employees, significantly lower than the federal ADA threshold of 15. It is enforced by the New Hampshire Commission for Human Rights.
Additional Protections
New Hampshire Law Against Discrimination
Prohibits employment discrimination based on disability and other protected classes for employers with 6 or more employees. Provides a state-level complaint process through the New Hampshire Commission for Human Rights, which has full investigation and enforcement powers.
N.H. Rev. Stat. Ann. § 354-A:7
New Hampshire Whistleblower Protection
Protects employees from retaliation for reporting workplace violations, including unsafe working conditions, violations of law, or employer misconduct. Employees who are fired or disciplined for whistleblowing may file a complaint or pursue a private civil action.
N.H. Rev. Stat. Ann. § 275-E:2
New Hampshire Workers’ Compensation
Covers workplace injuries including mental health conditions arising from employment. Employers are required to carry workers’ compensation insurance, and injured workers may receive medical benefits, lost wages, and disability payments.
N.H. Rev. Stat. Ann. § 281-A:2
1. Request FMLA Leave (Federal)
Since New Hampshire has no state leave law, eligible employees follow federal FMLA procedures:
- Notify your employer at least 30 days in advance for foreseeable leave.
- If leave is unforeseeable, notify as soon as possible (usually same or next business day).
- Follow your employer’s usual notice procedures for requesting leave.
- Provide medical certification if requested (usually within 15 days).
2. File a Discrimination Complaint with NHCHR
- Verify your employer has 6+ employees and the incident is within 180 days.
- Contact the New Hampshire Commission for Human Rights by phone at 603-271-2767 or visit their office in Concord.
- Complete a formal intake questionnaire describing the discriminatory act.
- NHCHR will investigate the complaint and attempt resolution through mediation or conciliation.
- If no resolution is reached, NHCHR may hold an administrative hearing or issue a right-to-sue letter.
Note: NHCHR has a work-sharing agreement with the federal EEOC, so filing with NHCHR can also protect your federal claim.
Important Deadlines
- 30 days - FMLA advance notice for foreseeable leave
- 180 days - Deadline to file a discrimination complaint with the New Hampshire Commission for Human Rights
- 300 days - Deadline to file with the federal EEOC (extended because NHCHR exists as a local agency)
- 2 years - Statute of limitations for workers’ compensation claims in New Hampshire
Official Resources
Frequently Asked Questions
Check Your Eligibility
Get a free rights assessment based on your specific situation in New Hampshire.
Free Rights Check