Maternity Leave
Frequently asked questions about maternity leave, accommodations and the law.
Is there a set period of time for maternity leave?
No, there is no set period of time for maternity leave. It is based on the period the employee is disabled as determined by a physician, usually the employee's personal doctor.
Is the employee entitled to full pay while on maternity leave?
The general rule is that pregnancy must be treated in the same manner that the employer treats other temporary physical disabilities. Therefore, if the employer continues to pay other temporarily disabled employees, it must pay pregnant women. If the employer requires use of vacation and/or sick leave for temporary disabilities, then it may require the same for pregnancy.
If the position is filled by another employee while the original employee is on maternity leave and the employer prefers the temporary replacement, can the employer refuse to provide the original job for the returning employee?
No, any change in position for the returning employee must be made for reasons of business necessity. An employer's preference for one employee over the other cannot be a factor in this decision
Is the employer required to grant leave for the purposes of childcare and bonding?
No, the required leave is for the period of disability. If an employer permits childcare leave, it must be granted equally to both male and female employees.
Questions?
Contact the Commission
Phone: 603-271-2767
Email: humanrights@hrc.nh.gov