New Hampshire

Pregnancy and Work

Protection Against Pregnancy Discrimination
Under New Hampshire law (RSA 354-A:7 VI), employers are prohibited from discriminating against employees due to pregnancy, childbirth, or related medical conditions. Pregnancy is considered a temporary disability, and employees must be treated the same as those with other temporary disabilities regarding hiring, firing, pay, job assignments, and promotions.

Workplace Accommodations
The federal Pregnant Workers Fairness Act (PWFA) requires employers to provide reasonable accommodations for pregnant workers unless it poses an undue hardship. These accommodations may include extra breaks, flexible scheduling, time off for recovery, light duty, and more. Additionally, New Hampshire law mandates that public sector employees in dangerous or strenuous positions be transferred to suitable positions if recommended by a doctor, unfilled, and the employee is qualified.

Workplace Safety for Pregnant Workers
Employers must ensure a safe working environment for pregnant employees. Employees can report unsafe conditions to the New Hampshire Department of Labor.

Taking Time Off Work

Family and Medical Leave Act (FMLA)
Under federal law, eligible employees can take up to 12 weeks of unpaid leave per year for childbirth, bonding with a new child, or serious medical conditions. Eligibility requirements include:

• Working for an employer with 50+ employees within 75 miles,
• Having worked for the employer for at least 12 months, and
• Logging at least 1,250 hours in the past year.

New Hampshire Paid Family and Medical Leave (NH PFML)
New Hampshire offers a voluntary Paid Family and Medical Leave program providing up to six weeks of wage replacement (60% of average weekly wage, up to the Social Security wage cap) for qualifying events. Enrollment is open to all workers and employers in New Hampshire.

Pregnancy Leave
Employers in New Hampshire must allow pregnancy-related leave if they offer medical or sick leave for other conditions. This leave may be unpaid unless company policy or contracts specify otherwise.

Returning to Work with a Baby

Break Time for Nursing Mothers
Under the federal Fair Labor Standards Act (FLSA), employers must provide reasonable break times and a private, non-bathroom space for nursing mothers to express breast milk for up to one year after birth. Small businesses (with fewer than 50 employees) may claim undue hardship exemptions.

Effective July 1, 2025, New Hampshire law requires employers with six or more employees to provide an unpaid 30-minute break for every three hours worked for nursing mothers to express milk. Employers must also provide a private, non-bathroom space for this purpose.

Workplace Protections for New Parents

Equal Pay
New Hampshire's wage laws ensure equal pay for equal work, regardless of gender or parental status.

Employment Termination
Employers cannot terminate or retaliate against employees for taking protected leave (e.g., FMLA) or requesting pregnancy-related accommodations.

Job Protection
FMLA guarantees that employees can return to their same or an equivalent position after taking parental leave.

Support for Parents in New Hampshire

Childcare Assistance
New Hampshire offers programs like the Child Care Scholarship Program to help working parents with childcare costs.

Temporary Assistance
The New Hampshire Temporary Assistance for Needy Families (TANF) program provides financial support to low-income families, including those with new babies.

Flexible Work Policies
Some New Hampshire employers may voluntarily offer flexible work arrangements, remote work, or paid parental leave as part of their benefits.

Breastfeeding-related Rights

The Fair Labor Standards Act (FLSA) mandates that employers provide

• Reasonable break time for an employee to express breast milk for their nursing child for one year after birth; and
• A private, non-bathroom space for pumping milk.

Additionally, the PUMP for Nursing Mothers Act expands these rights to more employees, including agricultural workers, teachers, nurses, truck drivers, home care workers, and managers.

The PUMP Act requires employers to provide

• Reasonable break times for nursing employees to express breast milk; and
• A place to pump that is not a bathroom and is free from intrusion.

Learn more about the PUMP Act at PUMP Act.

For more information on these laws and programs, you can visit the New Hampshire Commission for Human Rights and the New Hampshire Paid Family and Medical Leave Plan.