New Hampshire Break Laws (2026)

'An employer may not require an employee to work more than 5 consecutive hours without granting him a 1/2 hour lunch or eating period, except if it is feasible for the employee to eat during the performance of his work, and the employer permits him to do so.'

Who's covered

All employers.

Paid or unpaid

Not addressed by statute; federal rule applies (unpaid only if bona fide and fully relieved of duty; eating while working is paid time).

Exemptions

No break required if it is feasible for the employee to eat while working and the employer permits it.

Source: N.H. RSA 275:30-a

No state rest-break requirement for adult private-sector employees. Federal rule: short breaks (about 5-20 minutes), if given, must be paid (29 CFR 785.18).

No minor-specific break duration rule found in the Youth Employment law (RSA 276-A); it only requires employers to post a notice stating the hours of work and 'the time allowed for dinner or other meals' (RSA 276-A:20). The general RSA 275:30-a rule (30 minutes after 5 consecutive hours) applies to minors.

Source: RSA 276-A:20; RSA 275:30-a (general)

Effective July 1, 2025, employers (including the state and political subdivisions) with 6 or more employees in New Hampshire must: adopt a policy on space and break periods for nursing employees and make it available at hire; provide 'reasonable break periods' - defined as an unpaid break of approximately 30 minutes for every 3 hours of work - for one year from the child's birth (employer and employee may negotiate different breaks; breaks may run with existing breaks; employer may not require make-up time); and provide reasonable, sufficient space (temporary or permanent) within a reasonable walk of the worksite, not a bathroom, clean, shielded from view and free from intrusion, with an electrical outlet and chair if feasible. Employee must give at least 2 weeks' notice before needing breaks/space. Employer may be exempted for undue hardship.

Pay: Unpaid (approximately 30 minutes per 3 hours worked).

Federal floor (PUMP Act): reasonable break time and a private space that isn't a bathroom for one year after birth, for nearly all employees; unpaid unless the employee isn't fully relieved of duty. Employers with fewer than 50 employees may be exempt only if compliance would cause undue hardship.

Source: N.H. RSA 275:78-275:83 (Laws 2023, 191:20, eff. July 1, 2025; penalties eff. July 1, 2026)

Lactation: an employer violating RSA 275:78-83 is subject to a one-time civil penalty under RSA 273:11-a (penalty provision effective July 1, 2026).

Under federal law, a “meal” break during which the employee keeps working is paid time — and can create unpaid overtime. Check the New Hampshire overtime rules.