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Summary of differences between federal and state regulations
The federal Fair Labor Standards Act does not require payment for time not worked, nor does it regulate vacation pay, holiday pay, or other paid time off. These types of benefits are generally a matter of agreement between an employer and an employee (or the employee’s representative). Employers, however, do need to comply with applicable state laws.
Crime victim
New Hampshire law provides that employers must allow employees who are victims of a crime to leave work so that they may attend court or other legal or investigative proceedings associated with the prosecution of the crime.
Employers must not discharge an employee who is a victim of a crime because the employee exercises his or her right to leave work. Employers need not compensate an employee who is a victim of a crime and who takes leave to attend court or other legal or investigative proceedings. Employers must maintain the confidentiality of any written documents or records submitted by an employee relative to the employee's request to take leave.
Employer must not discharge, threaten, or otherwise discriminate against any employee regarding such employee's compensation, terms, conditions, location, or privileges of employment because the employee has exercised his or her right to take leave.
Employees who take such leave may elect to use, or an employer may require the employee to use, the employee's accrued paid vacation time, personal leave time, or sick leave time. Employees must not lose seniority while absent from his or her employment.
Before an employee may take leave, he or she must provide his or her employer with a copy of the notice of each scheduled hearing, conference, or meeting that is provided to the employee by the court or agency responsible for providing notice to the employee.
An employer may limit the leave provided if the employee's leave creates an undue hardship to the employer's business. "Undue hardship"' means a significant difficulty and expense to a business, and includes the consideration of the size of the employer's business, the employee's position and role within the business, and the employer's need for the employee.
Emergency service workers
When the governor or the general court declares a state of emergency, a member of a fire department, rescue squad, or emergency medical services agency who is called into service of the state or a political subdivision shall have the right to take leave without pay from his or her place of employment to respond to the emergency. No employer shall require an employee to use or exhaust his or her vacation or other accrued leave for the period of emergency service. The employee may choose to take vacation or other accrued leave for the period of emergency service.
A firefighter, rescue squad member, or emergency medical services member shall be called into service of the state or a political subdivision when his or her services are requested in writing by the director of emergency services, communications, and management or by the head of a local organization for emergency management. The request shall be directed to the chief of the member's fire department, rescue squad, or emergency medical services agency and a copy shall be provided to the member's employer.
An employer may certify to the director of emergency services, communications, and management or to the head of the local emergency management agency that the employee is essential to the employer's own emergency or disaster relief activities. Such certification shall exempt an employee from the provisions allowing leave.
Jury duty
New Hampshire law doesn't require private employers to pay employees for jury duty.
New Hampshire law requires public sector employees to be paid for jury duty, less any fees received, except for mileage reimbursement.
Paid time off (PTO)
New Hampshire law does not require vacation pay. However, if an employer chooses to provide paid time off benefits, it must follow the terms and conditions established in its policy.
Voting
New Hampshire doesn't have a time-off-for-voting provision.
State
Contact
New Hampshire Department of Labor
Regulations
Lab 803.03 Notification and Records.
RSA Chapter 275, Protective Legislation
RSA §275.49 Notification, Posting, and Records
Every employer shall:
I. Notify the employees, at the time of hiring of the rate of pay, and of the day and place of payment;
II. Notify his or her employees of any changes in the arrangements specified above prior to the time of such changes;
III. Make available to his or her employees in writing or through a posted notice maintained in a place accessible to his or her employees employment practices and policies with regard to vacation pay, sick leave, and other fringe benefits;
IV. Furnish each employee with a statement of deductions made from his or her wages under RSA 275:48 for each pay period such deductions are made;
V. Keep posted in a place accessible to his or her employees an abstract of this subdivision furnished by the commissioner which shall include information about the criteria for classifying an employee as an employee or as an independent contractor; and
VI. Make such records of the persons employed by him or her, including wage and hour records, preserve such records for such periods of time, and make such reports therefrom to the commissioner, as the commissioner shall prescribe by regulation as necessary or appropriate for the enforcement of the provisions of this subdivision.
Federal
Contacts
None.
Regulations
None.