New Hampshire sick leave law for restaurants: what is required (2026)

Many states now require employers to give paid sick leave, and owners who have worked in Massachusetts or Maine may assume the same applies in New Hampshire. According to HR compliance summaries, it does not: no New Hampshire law requires private employers to offer paid or unpaid sick leave. This guide, checked in October 2026, explains what that means for a restaurant, what other leave rules still apply, and why a written sick policy is worth having even where the law does not demand one. It is general information, not legal advice. Compliance summaries are not official state pages, so confirm with the New Hampshire Department of Labor.

Does New Hampshire require paid sick leave?

Compliance sources say no. There is no state law requiring private employers to provide paid or unpaid sick leave, so eligibility rules fall to the employer. If you do offer sick leave, you must follow your own policy or contract terms, and treat employees consistently. Federal law does not require paid sick leave for private employers either, apart from the specific leave rights below. Check the Department of Labor in case a local ordinance or a recent law has changed the picture; one source notes that local rules or collective bargaining agreements could impose standards.

What does federal law require?

The federal Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid, job-protected leave for serious health conditions, family care and some other reasons. It applies to employers with 50 or more employees, so most independent restaurants are not covered. If your business is near that size, count carefully, including part-time staff across all locations. Other federal rules, such as those for military leave and for pregnancy-related accommodation, apply more broadly. Ask an employment lawyer about the details for your size.

What is the Granite State Paid Family Leave program?

It is a voluntary insurance program for paid family and medical leave. One summary says it offers 60 percent wage replacement for leaves of up to six weeks a year, and that it is available only to employers who opt in, with employees paying in to cover certain leaves such as their own serious health condition. Details, such as premiums, benefits and enrollment, are set by the program, so confirm them with the state or the insurer. For a small restaurant, opting in is an option you can offer as a benefit when you compete for staff.

Why should a restaurant have a sick policy anyway?

Because of food safety. The federal Food Code, adopted in New Hampshire, requires food employees to report symptoms such as vomiting, diarrhea, jaundice and sore throat with fever, and requires the person in charge to exclude or restrict workers who are ill with certain conditions. A worker who cannot afford to stay home is more likely to work while ill, which can cause an outbreak of norovirus that closes the business. A policy that gives workers a way to stay home protects customers and your reputation. Even a modest policy, such as a few paid days a year after a probation period, helps.

What does a simple policy include?

A one-page policy can state: who is eligible and when; how time is earned (for example one hour per 30 worked); how much can be taken; how to give notice; whether you require a doctor's note and when; what illnesses require exclusion under the food safety rules; and that using the policy will not lead to discipline. Put it in writing and give it to every employee. If you promise paid time, record it and honor it, because an employer can be held to its written promises.

A realistic example for a small restaurant

Consider a restaurant with 14 employees that decides to offer one hour of paid sick time for every 40 hours worked, up to 40 hours a year, available after 60 days of employment. A line cook who works 36 hours a week earns about 0.9 hours a week, or around 47 hours over a year, capped at 40. The cost to the restaurant is the wages for the days the cook actually uses, not the full accrual, since many employees use less than their full balance. If the cook is out with a stomach illness for two shifts, the policy pays 16 hours at the cook's hourly rate, and the restaurant avoids the far larger cost of an outbreak. Compare that with the cost of recruiting and training a replacement, and the benefit is easy to see.

What about unused leave when someone leaves?

If your policy or contract promises payment of accrued time off at separation, the New Hampshire wage laws expect you to pay it. If your policy says nothing, ask your lawyer or the Department of Labor what applies. A clear written policy that says whether accrued time is paid out avoids disputes.

How do you compete for staff without a legal mandate?

New Hampshire's neighbors have mandates, so workers who commute or move may expect paid sick time. Offering it can help you recruit and keep people in a tight labor market, particularly in seasonal areas where staff turn over. Compare your offer with what nearby employers advertise, and weigh the cost against the cost of replacing a cook or a server. Many owners find that a small guaranteed benefit is cheaper than constant rehiring.

More guides for your business:

• New Hampshire Meals and Rooms Tax and tipped wages for restaurants
• New Hampshire tip pooling and service charge rules for restaurants
• How to get more customers to a restaurant in New Hampshire

More in the US guides for food businesses.