New Hampshire: Legislative Update
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Discussion
New Hampshire employers with pregnant and nursing workers should be aware of two important new employee protections.
Accommodations for Nursing Mothers
Effective July 1, 2025, HB 358 provides nursing mothers with an unpaid 30-minute break to express breast milk for every three hours of work. This requirement goes further than the federal Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act, which only requires employers to provide reasonable break times for employees within the first year after childbirth. “Expression of milk” is defined to include initiation of lactation by manual or mechanical means.
Like the PUMP Act, employers must also provide a space to express breast milk. It cannot be a bathroom and must be shielded from view, clean, and free from intrusion from coworkers and the public. It also must be within reasonable walking distance. Employees are required to provide at last two weeks’ notice prior to needing the break periods and a space for expressing breast milk. Employers are permitted an exemption from the law’s requirements only in cases of undue hardship – which requires significant difficulty or expense in order to comply. The law was enacted in 2023, but employers with six or more employees were only required to comply as of July 1, 2025.
Childbirth Related Leave
Effective January 1, 2026, HB 2 requires employers with 20 or more employees to provide up to 25 hours of unpaid leave from work to attend medical appointments for childbirth, postpartum care, or the employee’s child’s pediatric medical appointments within the first year of the child’s birth or adoption. Parents working for the same employer are entitled to take a cumulative of 25 hours. Employees are permitted to substitute paid vacation time or any other appropriate paid leave. The leave entitlement is also job protected. Employees must provide reasonable notice to the employer and make a reasonable effort to schedule the leave so as not to unduly disrupt the operations of the employer. Employers can ask for documentation to ensure that the time is being taken for its intended purpose.
Action Items
- Review and update lactation accommodation policy to include unpaid break time of 30 minutes for every three hours of work.
- Designate a private area for expressing breast milk.
- Update leave policies to provide for childbirth-related leave.
- Have appropriate personnel trained on the requirements.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2025 ManagEase