New Hampshire requires employers covered by the federal Family and Medical Leave Act (FMLA) to allow their eligible employees to exercise their leave entitlements. New Hampshire does not require employers to adopt any other special leave policies. However, under New Hampshire law, employers are ultimately entitled to decide whether their employees' leave requests are allowable under the FMLA.
Family and Medical Leave Act
The U.S. Department of Labor requires employers with at least 50 employees to comply with the federal leave laws. Under the FMLA, employers must allow their eligible employees to use up to 12 weeks of unpaid medical leave for qualified medical emergencies for themselves or immediate family members. Employees may use up to 26 weeks of leave to care for seriously injured dependents during active deployment with the armed services. Employees who worked at least 1,250 hours in the year preceding their leave request are eligible to request leave. In New Hampshire, employees can file complaints against noncomplying employers by submitting a claim with the New Hampshire Employment Standards Administration's Wage and Hour Division, or file suit in federal court.
Leave Certification
Under the federal labor law, employees must provide their employers with at least 30 days of advance notice if practically foreseeable. Employees who cannot provide 30 days of notice because of the emergency nature of their leave must provide as must notice as possible. Once employees provide their notification, employers must provide a written denial or acceptance to their leave requests. Employers may request medical certification from their employees, and employees must continue to follow their employers' leave policies for call-in during their absences. In New Hampshire, employers are legally responsible for disallowing or authorizing leave based on their employees' requests.
Workers' Compensation
Employees who suffer on-the-job or work-related diseases or injuries may receive workers' compensation benefits. In New Hampshire, employers can count workers' compensation leave as part of their employees' family and medical leave. For instance, employers may deny further leave requests from employees who are unable to work for 12 weeks because of work-related injuries.
Leave Benefits
Employers must restore their employees to their original job positions after their excused absences at the same pay rate, same or equivalent position and similar benefits before and after employees use their leave. Employers must continue their health care coverage during their leave, and may not require employees to divulge personal medical records. However, employers may demand medical certification letters from their employees.
Considerations
Since employment laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction.
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