New Hampshire Paid Family and Medical Leave: How the Voluntary Plan Works for Employees and Employers

Yes, New Hampshire has paid family leave, but it works as voluntary insurance rather than an automatic benefit. Non-state employers are not required to participate under RSA 21-I:104 (opens in a new tab), and working in New Hampshire does not by itself make you covered. The base plan pays 60% of your average weekly wage, with wages capped at the Social Security taxable wage maximum, for up to six weeks a year, per RSA 21-I:102 (opens in a new tab). Coverage comes through an employer plan or, when you qualify, an individual plan with a $5 weekly premium cap, a 60-day annual enrollment window, a seven-month waiting period and a one-week elimination period. Whether your job is protected while you're out is a separate question, answered by rules such as FMLA.

What New Hampshire paid family and medical leave is

The program began as the Granite State Paid Family Leave Plan under RSA 21-I:99 (opens in a new tab) and now goes by New Hampshire Paid Family and Medical Leave Insurance, often shortened to NH PFML. Unlike states that fund paid leave through a mandatory payroll tax, New Hampshire built a voluntary insurance market, according to RSA 21-I:100 (opens in a new tab).

Several state agencies share the work. The Department of Administrative Services runs the purchasing and contracting structure, the Department of Employment Security administers the individual purchasing pool under RSA 282-B:3 (opens in a new tab), and the Insurance Department helps evaluate proposals and approves rates and forms. The coverage itself comes from a private insurer: RSA 21-I:105 (opens in a new tab) requires the selected carrier to be licensed and in good standing in New Hampshire, with rates and forms filed for the insurance commissioner's approval. MetLife is the state's NH PFML insurance partner, according to the NH PFML employer fact sheet (opens in a new tab).

Are you already covered?

Start with your employer. If it sponsors an NH PFML group plan, you get coverage through its enrollment process. State employees have their own coverage provisions under RSA 21-I:102 (opens in a new tab).

If your employer offers neither NH PFML nor an equivalent benefit, you may be able to buy an individual plan during the annual enrollment period, under RSA 21-I:103 (opens in a new tab). Two situations close that door: the individual plan is not available if you declined your employer's group plan, or if your employer offers equivalent coverage, according to the NH PFML employer toolkit (opens in a new tab). So, if your employer offers a group plan at open enrollment, decide with that rule in mind.

Eligibility covers full-time and part-time workers designated as working for a New Hampshire employer, with wages reported to New Hampshire for unemployment purposes, according to the NH PFML 2023 annual report (opens in a new tab). The employer must have a physical location in the state. Confirm your own eligibility, and the wage or employment records you'd need, with your employer or the claims administrator.

What NH PFML pays and how long it lasts

The statutory base benefit is 60% of your average weekly wage, and the wages used in that calculation are capped at the Social Security taxable wage maximum, under RSA 21-I:102 (opens in a new tab). The base plan pays for up to six weeks per year, with no minimum duration.

Employer plans don't have to match the base design. Employer-sponsored plans may offer a 12-week coverage option and higher wage-replacement levels, according to the NH PFML 2023 annual report (opens in a new tab). Ask your employer or the carrier for the exact percentage, weekly cap and number of weeks in your plan, since those figures decide whether the payment will cover enough of your bills during leave.

What reasons qualify for NH PFML?

Qualifying reasons under RSA 21-I:101 (opens in a new tab) and the employer fact sheet (opens in a new tab) include:

• The birth of a child and bonding during the first year.
• Adoption or foster placement and bonding during the first year.
• Your own serious health condition, including childbirth, when applicable disability coverage does not apply.
• Caring for a covered family member with a serious health condition.
• Caring for a qualifying military service member with a serious injury or illness.
• A qualifying exigency tied to a family member's covered military service or deployment.

Covered family members include a child; a biological, adoptive or foster parent; a stepparent; a legal guardian; a grandparent or step-grandparent; a spouse; and a domestic partner, subject to the definitions in RSA 21-I:101 (opens in a new tab). If you're caring for a parent or partner, check that your relationship fits those definitions before you file.

What the individual plan costs and when you can enroll

The individual plan has a firm price ceiling. Premiums for individual pool coverage may not exceed $5 per subscriber per week, under RSA 21-I:103 (opens in a new tab). Enrollment runs during a 60-day annual period.

Timing is the bigger planning issue. The individual plan carries a one-time seven-month waiting period before you can claim benefits, plus a one-week unpaid elimination period at the start of each leave, according to the NH PFML employer toolkit (opens in a new tab). If you expect a birth, adoption or planned surgery, enroll well ahead so the waiting period has passed before your leave starts. Confirm the current enrollment dates, rate and effective date with the NH PFML program or the carrier.

What employers have to do

Participation is a choice for non-state employers. Under RSA 21-I:104 (opens in a new tab), an employer that participates can provide coverage at no cost to workers, on a contributory basis, or on a partially contributory basis, which means the employer may pay all of the premium, share it or pass it to workers under the plan terms.

An employer that sponsors a group plan takes on these duties, per the employer fact sheet (opens in a new tab):

• Enroll eligible workers.
• Explain the coverage and direct workers to the claims administrator.
• Provide work schedules, wages, leave records and other benefit information needed to coordinate claims.
• Collect and remit premiums through payroll deduction where required.
• Coordinate with FMLA and other leave or disability benefits.
• Follow the reinstatement, health-benefit continuation, nondiscrimination and anti-retaliation requirements in the program materials.

Size changes one duty even for employers that don't sponsor a plan. When a worker buys individual coverage and works for an employer with more than 50 employees, RSA 282-B:3 (opens in a new tab) requires the premium to be paid through payroll deduction, with the employer remitting it as the Department of Employment Security directs. Smaller employers can buy coverage through premium remittances.

Employers that already offer paid leave

If you already give workers paid leave, compare your benefit with the NH PFML plan's terms. RSA 21-I:103 (opens in a new tab) ties individual-plan access to whether the employer offers a family and medical leave benefit at least equivalent to the Granite State plan, so your policy can affect what your workers may buy. Employer plans can coordinate with existing company leave, short-term disability, workers' compensation and FMLA, according to the employer toolkit (opens in a new tab). Whether your current policy needs to change depends on its wording, the plan you choose and other employment rules, so review it with your benefits agent.

How NH PFML works with FMLA and other leave

NH PFML and federal FMLA are separate benefits that can run side by side. NH PFML does not alter or expand FMLA protections, and when you qualify under both, NH PFML may run concurrently with FMLA, according to the NH PFML employer toolkit (opens in a new tab).

The two do different jobs. FMLA provides unpaid, job-protected leave when federal eligibility rules are met, while NH PFML may replace part of your wages when its insurance-plan requirements are met. Approval under one doesn't establish eligibility under the other.

Other benefits can overlap too. Workers receiving short-term disability or workers' compensation for the same days generally don't receive NH PFML for those days, per the worker toolkit for employer-sponsored plans (opens in a new tab). Ask how your plan coordinates with employer PTO as well.

Does NH PFML protect your job?

NH PFML is wage-replacement insurance, and job protection comes from separate rules. The program materials describe reinstatement to the same or an equivalent position for covered workers when FMLA protection applies, continued health insurance during protected leave with the worker still paying any employee share, and a ban on discrimination or retaliation for using covered benefits, according to the employer fact sheet (opens in a new tab).

Before you take leave, confirm whether FMLA, New Hampshire pregnancy-leave protections, your employer's policy, a collective bargaining agreement or another law protects your position. Getting that answer in writing from HR is worth the effort.

How to file an NH PFML claim

Claims go to the carrier or administrator for your plan, not to your employer. If MetLife provides your coverage, you file with MetLife. If your employer's plan uses another carrier or third-party administrator, you file with that company, according to the worker toolkit (opens in a new tab).

Expect the carrier to ask for wage, work-schedule, leave and medical information, and your employer to supply its part. If you take leave intermittently, follow the plan's rules for reporting the time you miss. If a claim is denied or disputed, use the plan's claim and appeal procedures first; insurance-regulatory concerns can go to the New Hampshire Insurance Department. Your plan documents set the deadlines, appeal steps, exclusions and required proof.

Questions to ask before you enroll or offer a plan

Workers can ask the employer or carrier:

• Does my employer sponsor NH PFML or an equivalent benefit, and which plan am I eligible for?
• When does coverage start, and do the seven-month waiting period and one-week elimination period apply?
• What percentage of wages is paid, what cap applies and how many weeks are available?
• Can I take leave intermittently or on a reduced schedule?
• Who handles claims, and what documents will I need?
• Does the leave run at the same time as FMLA or my PTO, and is my position protected under a separate rule?

Employers can ask an agent or carrier:

• Who pays the premiums, and what payroll deductions are required?
• What employee notices and carrier information are needed?
• How are claims coordinated with FMLA, disability, workers' compensation and PTO?
• Does our existing paid-leave policy qualify as equivalent coverage?
• What exclusions, waiting periods and appeal procedures apply?

Frequently asked questions

Is New Hampshire paid family leave mandatory?

No. Participation is voluntary for non-state employers under RSA 21-I:104 (opens in a new tab), and workers aren't required to buy coverage.

Can I buy NH PFML without my employer?

An eligible worker whose employer offers neither NH PFML nor equivalent coverage may enroll in the individual plan during the 60-day annual window. Premiums are capped at $5 a week, and benefits can't be claimed until the seven-month waiting period passes.

Does NH PFML cover maternity leave?

Yes, childbirth and bonding during the child's first year are qualifying reasons under RSA 21-I:101 (opens in a new tab). Your own recovery from childbirth counts as a serious health condition when applicable disability coverage doesn't apply.

Does a small business with fewer than 50 workers have to participate?

No business of any size is required to participate. The mandatory payroll-deduction rule for workers buying individual coverage applies to employers with more than 50 employees, under RSA 282-B:3 (opens in a new tab).

Planning your leave

For workers, the first step is finding out whether you're covered and when that coverage starts paying, since the individual plan's seven-month waiting period affects when benefits can begin. For employers, it's deciding whether to offer a plan, how to split the premium and how it will fit with your existing leave policy. In both cases, get the plan terms from the carrier and confirm job protection separately before leave begins.