Revision: Nov. 21, 2023, 2:02 p.m.
2024 SESSION
24-3108.0
12/08
SENATE BILL [bill number]
SPONSORS: [sponsors]
COMMITTEE: [committee]
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ANALYSIS
This bill provides insurance coverage for infertility treatments, protection from discrimination during IVF treatments, parental leave, and adoption.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-3108.0
12/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Access to Fertility Care; Definitions. Amend RSA 417-G:1, V to read as follows:
V. "Infertility" means [a disease], the inability caused by an illness, injury, underlying disease, or condition, where an individual's ability to become pregnant or to carry a pregnancy to live birth is impaired, or where an individual's ability to cause pregnancy and live birth in the individual's partner is impaired.
2 Unlawful Discrimination; In-Vitro Fertilization. Amend RSA 354-A:7, VI to read as follows:
VI.(a) For the purposes of this chapter, the word "sex" includes pregnancy and medical conditions which cause or result from pregnancy.
(b) An employer shall permit a female employee to take leave of absence and attend appointments for the period of temporary physical disability resulting from pregnancy, childbirth or related medical conditions including but limited to well being checkups, in-vitro fertilization follow up and postpartum care. When the employee is physically able to return to work, her original job or a comparable position shall be made available to her by the employer unless business necessity makes this impossible or unreasonable.
3 Protective Legislation; Parental Leave. Amend RSA 275:43 V to read as follows:
V. Vacation pay, severance pay, personal days, holiday pay, sick pay, and payment of employee expenses, when such benefits are a matter of employment practice or policy, or both, shall be considered wages pursuant to RSA 275:42, III, when due. The employer shall not have a policy or practice of requiring the use of any accrued paid time off as a condition of parental leave as defined in RSA 275:84, II.
4 New Subdivision; Postpartum Leave. Amend RSA 275 by inserting after section 83 the following new subdivision:
Postpartum Leave
275:84 Postpartum Leave.
I. Definitions. In this subdivision:
(a) “Birthing parent” means a person who gives birth.
(b) “Non-birthing parent” shall mean a person whose partner is pregnant or has given birth.
(c) "Undue hardship" shall mean any action that requires significant difficulty or expense when considered in relation to factors such as the size of the business, its financial resources and the nature and structure of its operation.
(d) "Employer" shall mean a person, and include an individual, a partnership, an association, a corporation, a legal representative, trustee, receiver, trustee in bankruptcy, and any common carrier by rail, motor, water, air or express company doing business in or operating within the state, or the state or any of its political subdivisions, which has 25 or more employees working in the state.
(e) "Employee" shall mean a person who may be permitted, required, or directed by an employer in consideration of direct or indirect gain or profit but shall not include any individual who volunteers services for a public, charitable, or religious facility without expectation or promise of pay.
II.(a) Every employer shall allow for birthing parents to take up to 12 weeks paid leave following the birth of their child.
(b) Every employer shall allow for non-birthing parents to take up to 4 weeks paid leave following the birth of their child.
III. An employer may limit the leave provided under this subdivision if the employee's leave creates an undue hardship to the employer's business.
5 Existing Procedure Applicable; Nondiscrimination. Amend RSA 490-F:17 to read as follows:
490-F:17 Existing Procedure Applicable. All provisions of law, not inconsistent herewith, relating to procedure in civil or criminal matters and practice in the former probate and district courts and the former judicial branch family division shall remain in full force and apply to the circuit courts hereby established. All such procedures, including all forms used or developed, shall be subject to the nondiscrimination procedures outlined in RSA 354-A:7, VI, including discrimination based on gender or sexual orientation.
6 Effective Date. This act shall take effect 60 days after its passage.