New Hampshire has broadened the category of veterans eligible for a preference not to work on Veterans Day. The amended statute went into effect on August 31, 2026, making the upcoming holiday the first time certain veterans will be eligible for this preference.
As amended, RSA 115-A:29, I provides that “[a]ny veteran who has received discharge of a character outlined in RSA 21:50 from the United States armed forces shall have a preference not to work during the 24 hours comprising Veterans Day without penalty provided that the employee gives advance notice in accordance with the employer’s policies and procedures.” In practical terms, an eligible veteran who follows the employer’s advance-notice procedures is entitled to a preference not to work on Veterans Day without penalty.
Previously, the New Hampshire Veterans Day preference was given only to veterans who received an “honorable discharge.” By broadening eligibility to veterans who received discharge of a character outlined in RSA 21:50, preference is now given to a person who has been discharged or released from duty in the United States armed forces with (1) an honorable discharge; (2) an uncharacterized discharge based on a service-connected injury, illness, or disability; or (3) a general discharge under honorable conditions.
If a veteran chooses not to work in accordance with this subdivision, the employer is not required by this statute to pay the veteran for wages on Veterans Day. Other wage and hour requirements, however, may affect the requirement to pay. For example, RSA 275:43-b generally requires a salaried employee to receive the employee’s full salary for any pay period in which the employee performs any work, with limited exceptions.
Special rules apply to veterans who are also emergency responders. Subdivision II of RSA 115-A:29 provides that any emergency responder such as a police officer, firefighter, emergency medical technician, 911 operator, or medical personnel who is also a veteran and received discharge of a character outlined in RSA 21:50 from the United States armed forces and whose offices or supervisors require minimal staffing shall have the holiday preference of subdivision I, so long as there is another qualified emergency responder available.
Municipal employers should be aware that RSA 115-A:29’s change in terminology, made pursuant to section 6 of 2026 N.H. Laws Ch. 252, from “honorable discharge” or “an honorable discharge” to “discharge of a character outlined in RSA 21:50” applies to municipal rules in effect on August 31, 2026, without amendment or readoption by the municipality. See 2026 N.H. Laws Ch. 252:8 (S.B. 448). Read the chaptered final version of Senate Bill 448 by clicking here.
Before November 11, New Hampshire employers should review their holiday and time-off procedures to ensure that managers know how to handle Veterans Day, and confirm that payroll personnel understand when an absence may nevertheless have to be paid under applicable wage and hour requirements.
