If you work in New Hampshire, two separate leave systems may apply when you need time off for a serious health condition, a new child, or a family member’s illness: the federal Family and Medical Leave Act, which protects your job for up to 12 unpaid weeks if your employer is large enough, and the state’s voluntary Paid Family and Medical Leave program, which replaces 60% of your wages for up to six weeks but does not, by itself, guarantee your job will be there when you return. Together they can fill in each other’s gaps. Separately, each leaves something important out.
Why You Need to Think About Both
Federal FMLA gives you job protection and continued health insurance, but no paycheck. New Hampshire PFML gives you a paycheck, but no job protection. When both apply, they work in tandem: FMLA holds your position while PFML replaces part of your income. When only one applies, you need to understand what you’re missing before you walk away from work.
Who Qualifies for Federal FMLA
FMLA covers private-sector employers with 50 or more employees during at least 20 workweeks in the current or previous calendar year. Public agencies and public or private elementary and secondary schools are covered regardless of size.1U.S. Department of Labor. Family and Medical Leave Act
You qualify as an employee if you meet three conditions: you’ve worked for the employer for at least 12 months, you’ve logged at least 1,250 hours during the 12 months before your leave starts, and you work at a location where the employer has at least 50 employees within 75 miles.2U.S. Department of Labor. Fact Sheet 28 – The Family and Medical Leave Act The 75-mile radius trips people up. A national company with 200 employees but only 30 near your office doesn’t make you FMLA-eligible.
What FMLA Gives You
Eligible employees get up to 12 workweeks of leave in a 12-month period for the birth or placement of a child for adoption or foster care, to care for a spouse, child, or parent with a serious health condition, for the employee’s own serious health condition that prevents them from doing the job, or for a qualifying need related to a family member’s military deployment.3Office of the Law Revision Counsel. 29 USC 2612 – Leave Requirement
A “serious health condition” means something requiring either an overnight hospital stay or ongoing treatment from a healthcare provider, not a routine cold or dental visit.4U.S. Department of Labor. Fact Sheet 28P – Taking Leave from Work When You or Your Family Has a Serious Health Condition Under the FMLA
Military caregiver leave runs longer. If you’re the spouse, child, parent, or next of kin of a covered servicemember with a serious injury or illness, you can take up to 26 workweeks of leave in a single 12-month period.3Office of the Law Revision Counsel. 29 USC 2612 – Leave Requirement
FMLA leave is unpaid, but two protections make it valuable. Your employer must restore you to the same or a virtually identical position when you return.2U.S. Department of Labor. Fact Sheet 28 – The Family and Medical Leave Act And your employer must keep your group health insurance active during the leave on the same terms as if you were still working. They can’t drop your coverage or shift you to a different plan.5eCFR. 29 CFR 825.209 – Maintenance of Employee Benefits
Notice matters. When leave is foreseeable, such as a planned surgery or expected due date, you must give your employer at least 30 days’ advance notice. When the need is unforeseeable, notify your employer as soon as you can.6eCFR. 29 CFR 825.302 – Employee Notice Requirements for Foreseeable FMLA Leave
How New Hampshire PFML Works
New Hampshire’s PFML program, established under RSA 21-I:99, is unlike the mandatory programs in Massachusetts or Connecticut. It is voluntary. No employer is required to participate, and no worker is automatically covered unless they’re a state government employee.7New Hampshire General Court. New Hampshire Revised Statutes 21-I:99 – Granite State Paid Family Leave Plan State employees receive coverage at no personal cost.8State of New Hampshire. New Hampshire Code 21-I – The Granite State Paid Family Leave Plan
Private-sector employers can opt in by purchasing a group plan, with a Business Enterprise Tax credit equal to 50% of the premium they pay for six weeks of coverage each year, provided they buy through MetLife, the state’s insurance partner.9NH Paid Family Medical Leave. Brokers Employers who buy equivalent coverage from another carrier or self-fund their plans don’t qualify for the credit.
If your employer doesn’t participate, you can purchase coverage on your own through an individual plan during the annual 60-day open enrollment period.10NH Paid Family Medical Leave. Purchase a Plan The cost is capped by state law at no more than $5 per week. One catch: a one-time seven-month waiting period must pass before benefits kick in on an individual plan.11NH Paid Family Medical Leave. Workers
How Much You Get and for How Long
NH PFML replaces 60% of your average weekly wage for up to six weeks per benefit year. If you earn more than the Social Security wage cap, which is $184,500 in 2026, the benefit is calculated at 60% of that cap instead of your actual earnings.12MetLife. New Hampshire Paid Family and Medical Leave That puts the maximum weekly benefit at $2,128.85 in 2026.13Social Security Administration. Contribution and Benefit Base
Some employer-sponsored group plans offer up to 12 weeks of coverage instead of six, so the duration depends on what your employer bought.14NH Paid Family Medical Leave. New Hampshire Paid Family and Medical Leave Individual plans provide the standard six.
Individual plan holders also face a one-week elimination period before benefits begin. No payments are issued during that first week.15NH Paid Family Medical Leave. FAQs
You don’t have to take leave in one continuous stretch. Under NH PFML, you can take leave intermittently in increments as small as four hours, which works for recurring medical treatments or therapy appointments.16NH Paid Family Medical Leave. Frequently Asked Questions
What Counts as a Qualifying Reason
NH PFML’s qualifying reasons closely track federal FMLA: your own serious health condition, caring for a family member with a serious health condition, bonding with a new child after birth, adoption, or foster care placement, and qualifying needs related to a family member’s military service.16NH Paid Family Medical Leave. Frequently Asked Questions
One significant exclusion: if your condition qualifies for workers’ compensation, you won’t receive NH PFML benefits for it.17NH Paid Family and Medical Leave. NH PFML Insurance Program – Employer Fact Sheet Work-related injuries go through workers’ comp. Non-work-related conditions go through PFML.
Job Protection Comes Only From FMLA
This is the point that catches people off guard, and it can be an expensive mistake. NH PFML does not include any job protection. It’s a wage-replacement insurance policy that pays you while you’re out, but nothing in state law requires your employer to hold your position or restore you when you return.16NH Paid Family Medical Leave. Frequently Asked Questions
Job protection comes exclusively from federal FMLA, which only applies if your employer has 50 or more employees within 75 miles and you meet the other eligibility rules.2U.S. Department of Labor. Fact Sheet 28 – The Family and Medical Leave Act If you work for a small company with 20 employees, you may be able to collect NH PFML benefits during your leave, but nothing in state law prevents your employer from replacing you.
If FMLA doesn’t cover you, talk with your employer about your plans before you take leave. A written agreement about your return date and position is worth more than an assumption.
Filing a NH PFML Claim
Before you file, gather your Social Security number, your contact information, details about the reason for leave, and your gross wages for the last four quarters so MetLife can calculate your benefit. For medical claims, you need a certification from your treating healthcare provider.18Metropolitan Life Insurance Company. Paid Family Leave Request – Form Instructions If the leave is to care for a family member, document your relationship and provide medical certification for that person’s condition as well.
The fastest route is the MetLife portal at mybenefits.metlife.com. You can also call 1-866-595-PFML (7365), fax a claim form to 1-800-230-9531, or mail it to Metropolitan Life Insurance Company, PO Box 14590, Lexington, KY 40512-4590.
If approved, payments are issued through direct deposit or a prepaid debit card. If your claim is denied, you have just 10 calendar days to appeal.19New Hampshire Paid Family and Medical Leave. Filing a Claim for NH Paid Family and Medical Leave Insurance Benefits That window is tight, so read the denial letter immediately and move on it.
How Your Benefits Are Taxed
New Hampshire has no state income tax on wages, so your PFML benefits aren’t taxed at the state level. Federal taxation depends on who paid the premiums.
For the medical leave portion of benefits, if your employer paid 100% of the premium, the full benefit is taxable as federal income. If you and your employer split the premium, only the portion attributable to the employer’s share is taxable. If you paid 100% of the premium, the benefit is not taxable.
The family leave portion, such as bonding with a new child, is handled differently. Taxes are not automatically withheld from family leave benefits. If you want withholding, submit a W-4S form to MetLife. Medical leave benefits paid by your employer are also subject to FICA and FUTA payroll taxes; family leave benefits are not.20New Hampshire Paid Family and Medical Leave. NH PFML Employer Guidebook If you bought your own individual plan with after-tax dollars, your benefits generally aren’t taxable at the federal level.