Human Resource Blog

New Hampshire Maternity Leave

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Does New Hampshire have a separate maternity leave law?

It does not. Instead, maternity leave for mothers (and fathers) is provided under the federal Family and Medical Leave Act.

The Family and Medical Leave Act or FMLA of 1993 insures leave for childbirth and all other kinds of family and medical situations. Workers get as much as 12 weeks of leave a year, unpaid, under the FMLA, as long as they meet certain requirements. Those requirements apply to the number of hours worked in the past 52 weeks, as well as the wages that were earned during the period. Any employer with 50 or more employees working within 75 miles is subject to the FMLA.

The remaining 11 states have passed what are considered “significant” laws. They are Connecticut, California, Maine, Hawaii, New Jersey, Minnesota, Rhode Island, Oregon, Wisconsin, Washington, and Vermont.

Four of those, as well as New York, have required short-term disability programs. Pregnant women and new mothers in those states receive payments of from one half to 67% of their average weekly pay. Under normal childbirth conditions, that disability benefit covers only the time the woman is certified medically to be physically incapable of working. By most standards, that is a 10-week period, from 4 weeks before to 6 weeks after the birth of the child. With pregnancy complications or in the case of a Caesarean section, that may be longer.

Three of the 39 states technically without their own programs have extended the FMLA program through state laws. The laws either extend the benefits to government workers, whether municipal or state, or they require coverage by businesses with fewer than 50 employees.

Five states have short-term disability programs. They are Rhode Island, California, Hawaii, New York, and New Jersey. Pregnant women and new mothers may receive payments that amount to anywhere from half to 67% of their average weekly paycheck. Keep in mind, however, that it usually applies only during the time a woman is considered officially unable to work. It’s called being medically certified. Normally, a woman is certified as being unable to work from 4 weeks before the due date to 6 weeks after it, in a normal birth. Complications or Caesarian sections may qualify a woman for much longer disability. In all but California and Rhode Island, that may be up to 26 weeks.