New Hampshire does not have a state law requiring private employers to provide paid sick leave. There is no statewide accrual rate, no annual cap, and no minimum number of paid sick hours that most New Hampshire workers are legally guaranteed. If your employer offers paid sick time, it is a voluntary benefit governed by the company's own policy or your employment contract, not by a New Hampshire statute. This puts New Hampshire in the same category as the majority of U.S. states that have declined to enact a paid-sick-leave mandate, and it stands in contrast to neighbors like Vermont, Massachusetts, Maine, and Connecticut, which all have some form of mandated sick or earned leave.
Because there is no mandate, the key questions for a New Hampshire worker are not "how much do I accrue?" but rather "what does my employer's policy promise, and how do I enforce that promise?" New Hampshire law does protect the paid leave your employer has actually committed to provide, and several federal laws give you unpaid, job-protected time off when you or a family member is seriously ill.
What New Hampshire Law Actually Requires
There is no general right to paid sick days in New Hampshire. However, New Hampshire's wage laws (RSA 275) treat earned vacation, PTO, and similar benefits as a form of wages once you have earned them under your employer's policy. That matters in two practical ways:
Your employer must follow its own written policy. If the employee handbook says you accrue paid sick or PTO hours, the employer is generally bound by those terms. Quietly refusing to honor accrued, promised paid time can become a wage dispute.
Notice of benefits is required. New Hampshire requires employers to provide written notice of their pay rate and of employment practices and policies regarding things like vacation pay, sick pay, and other fringe benefits. You are entitled to know, in writing, what paid leave your employer offers and the rules for using it.
So while the state does not force an employer to create paid sick leave, it does help hold an employer to the paid leave it has chosen to offer.
Covered Employers and Workers
Since paid sick leave itself is not mandated, there is no statutory list of "covered employers" or thresholds (such as a 50-employee minimum) for sick pay in New Hampshire. Whether you qualify depends entirely on your employer's policy, which may lawfully:
Offer paid sick leave to full-time but not part-time workers;
Impose a waiting period (for example, 90 days) before new hires can use accrued time;
Combine sick time and vacation into a single "PTO" bank;
Cap how much paid time can be carried over to the next year; and
Set its own accrual rate, such as one hour for every 30 or 40 hours worked, or a flat annual grant of days.
None of these specific numbers come from New Hampshire statute. They come from the employer. Read your handbook carefully and keep a copy.
Local Ordinances
New Hampshire does not have any city or county paid-sick-leave ordinances. Some states allow municipalities to set their own sick-leave rules, which is why workers in cities elsewhere sometimes have stronger protections than state law provides. In New Hampshire, there is no Manchester, Nashua, or Concord ordinance creating a local right to paid sick days. The rule is the same statewide: paid sick leave is employer-discretionary.
How This Interacts With PTO
Many New Hampshire employers fold sick time into a general PTO bank. When they do, the PTO is treated as earned wages under New Hampshire's wage statute once it vests under the policy. A frequent question is whether you get paid out for unused PTO when you leave a job. New Hampshire follows the employer's established policy or practice: if the policy promises payout of accrued, unused vacation or PTO at separation, the employer must pay it; if a clearly communicated, lawful policy says unused time is forfeited, that can be enforced. Pure "sick leave" that is never convertible to cash is generally not paid out. Because outcomes turn on the exact wording, save every version of the policy you receive.
How This Interacts With FMLA
Even without paid sick leave, you may have a right to unpaid, job-protected time off under the federal Family and Medical Leave Act (FMLA). FMLA covers employers with 50 or more employees within a 75-mile radius and gives eligible employees up to 12 weeks of unpaid leave in a 12-month period for a serious health condition, to care for a seriously ill family member, or to bond with a new child. To be eligible, you generally must have worked for the employer for at least 12 months and at least 1,250 hours in the prior year. FMLA does not pay you, but your employer may require, or you may choose, to use accrued paid leave (PTO or sick time) to receive income during FMLA leave.
New Hampshire also created a voluntary paid family and medical leave insurance program (the Granite State Paid Family Leave Plan) for private employers and individuals who opt in. It is not a mandate on private employers, so coverage depends on whether your employer participates or you have purchased individual coverage. State government employees are covered under the program. Check with your employer about whether this paid-leave insurance is available to you.
The Federal Baseline
There is no federal law requiring private employers to provide paid sick leave to most workers either. The federal minimum wage under the Fair Labor Standards Act (FLSA) is $7.25 per hour, and overtime is owed at one and one-half times the regular rate for hours over 40 in a workweek. New Hampshire does not set a higher state minimum wage; as of 2026 it defaults to the federal $7.25 figure. Always confirm the current minimum wage with the New Hampshire Department of Labor, because rates can change. The FLSA also does not require paid sick days, vacation, or holiday pay. So in both New Hampshire and at the federal level, paid sick leave remains a matter of employer policy unless you are covered by a contract or a participating paid-leave plan.
How to Enforce Your Rights
If your employer promised paid sick leave or PTO and then refused to honor it, your strongest tool in New Hampshire is a wage claim:
Document everything. Keep the handbook, accrual statements, pay stubs, and any emails confirming your balance.
Raise it in writing first. Ask your employer to pay or correct your accrued, earned leave and keep a record of the request.
File a wage claim. You can file a wage claim with the New Hampshire Department of Labor, which enforces the state's wage statutes, including disputes over earned vacation and PTO that functions as wages.
Consider FMLA enforcement. If the dispute is about denied job-protected leave, the U.S. Department of Labor's Wage and Hour Division handles FMLA complaints.
Where to Verify
For the authoritative and current rules, consult the New Hampshire Department of Labor for wage, PTO, and benefit-notice questions, and review RSA 275 (New Hampshire's wage statute). For the paid family and medical leave insurance program, check the New Hampshire Insurance Department and the Granite State Paid Family Leave Plan. For FMLA, consult the U.S. Department of Labor. Because employer policies and program participation vary, verify your specific situation with these official sources and with your own written policy before relying on any general summary.
Official New Hampshire Sources
This page is based on New Hampshire employment law. Rules and figures change — verify the current details directly with the official New Hampshire sources below. This is general legal information, not legal advice.
Federal law and local ordinances may also apply. Federal laws like the Fair Labor Standards Act set a national floor, and your city or county may add protections (such as a higher local minimum wage or paid sick leave). Check both alongside New Hampshire state law.
Frequently asked questions
Does New Hampshire require employers to give paid sick days?
No. New Hampshire has no state law mandating paid sick leave for private-sector workers. Paid sick time is offered at the employer's discretion through company policy or contract, not required by statute.
If my New Hampshire employer offers PTO, do they have to pay me unused time when I leave?
It depends on the employer's policy. New Hampshire treats earned vacation and PTO as wages, so if the policy promises payout of accrued, unused time at separation, the employer must pay it. A clearly communicated, lawful forfeiture policy may also be enforced. Keep your written policy.
Are there any New Hampshire city ordinances requiring paid sick leave?
No. No New Hampshire city or county, including Manchester, Nashua, or Concord, has a local paid-sick-leave ordinance. The same rule applies statewide: paid sick leave is employer-discretionary.
Can I get job-protected time off if I am sick in New Hampshire?
Possibly under the federal FMLA, which gives eligible employees of employers with 50 or more employees up to 12 weeks of unpaid, job-protected leave for a serious health condition. It is unpaid, but you may use accrued PTO during it.
Where do I file a complaint if my employer won't pay accrued leave?
File a wage claim with the New Hampshire Department of Labor, which enforces the state's wage statutes (RSA 275), including disputes over earned vacation and PTO. Bring your handbook, accrual records, and pay stubs.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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