The Details
New Hampshire has enacted legislation (House Bill 225), which adds certain employment protections for military spouses along with the federal Uniformed Services Employment and Reemployment Rights Act (USERRA). House Bill 225 takes effect Jan. 1, 2026.
Covered employees
The law covers a New Hampshire employee who is legally married to a member of the uniformed services when their spouse is involuntarily mobilized (ordered, called-up, or activated as a member of the uniformed services, including state active duty), in response to a declaration of war, national emergency, or contingency operations. See the text of the law for further details.
Covered employers
The law defines covered employers as those with 50 or more employees at the same location in New Hampshire. For purposes of counting employees, the employee counts of separate employers are not combined, regardless of common ownership.
Employee Protections
Covered employers:
- Cannot discharge, refuse to hire, or take adverse employment action against an employee based on the involuntary mobilization of the employee's spouse.
- Must reemploy the employee in the position (or a similar position in seniority, status, and pay for which the employee is qualified) for the same duration of time the employee's spouse would have reemployment rights under applicable federal law. Note: The employer may elect not to reemploy the employee if the employer certifies that circumstances have changed to make reemployment impossible or unreasonable.
Additionally, an employer is not required to pay an employee for their leave of absence due to the involuntary mobilization of their spouse, and the employer may decide whether to provide benefits or let benefits accrue during the leave.
Employee Notice
Under the law, an employee must:
- Notify their employer within 30 days of their spouse receiving official notice of the involuntary mobilization.
- Report to or submit a timely application for reemployment to their employer upon the spouse's completion of mobilization.
Employer Notice
An employer must provide the employee with a written acknowledgment of the notice of deployment.
Penalties
An employee who believes their employer violated the law may file a complaint with the New Hampshire Department of Labor within 180 days of the alleged violation. An employer found to have violated the law may be required to reinstate the employee, and provide back pay, and benefits lost due to the violation. See the text of the law for further details.
Next Steps
Covered New Hampshire employers should review and update their policies and practices by Jan. 1, 2026.