New Protections for Military Spouses in New Hampshire

As of January 1, 2026, New Hampshire has implemented employment protections for spouses of military members who are involuntarily mobilized.

Employers who employ more than 50 individuals at the same location in New Hampshire are prohibited from discharging, refusing to hire, or taking any adverse employment action against an employee who is the spouse of a member of the uniformed services who has been mobilized, based on the involuntary mobilization of that employee’s spouse.

The statute, RSA 110-C:1-a, also provides for a protected leave “for the same duration of time the employee’s spouse would have reemployment rights under 38 U.S.C. Section 4312 (USERRA).” Upon return to work, employers are required to reemploy the employee in the position he or she held, or in a position of like seniority, status and pay for which he or she is qualified. Any such leave of absence is unpaid, and the employee is not entitled to benefits or accrual of benefits during the leave, unless the employer elects to do so.

Employees who believe they have been subjected to a violation of this statute may file a complaint with the New Hampshire Department of Labor as provided under R.S.A. § 110-C, within 180 days of the alleged violation. If a violation is found, the employer shall be liable for reinstatement, back pay, and any benefits lost due to the violation. The Department of Labor or local court, or both, may also award the employee reasonable attorney’s fees and costs.

This new statute is construed in conjunction with USERRA, the federal law that provides for the employment and reemployment rights for all uniformed service members. USERRA ensures, in part, that uniformed service members have the right to be reemployed in their civilian job if they leave that job to perform service in the uniformed service, and prohibits discrimination and retaliation in the workplace against past or present members of the uniformed service.

If you are an employee and have questions about your rights as a spouse of a member of the uniformed services who has been mobilized, or if you are an employer with questions about your obligations under NH RSA 110:C:1-a, please contact an Upton & Hatfield attorney today.