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In New Hampshire, employers are not mandated to provide a termination letter when ending an employee’s employment. However, having a written record can be beneficial for both the employee and employer. If you find yourself needing to clarify your entitlements after termination, consider using the New Hampshire Sample Letter for Demand - Reimbursement of Accrued Vacation after Termination, to address any concerns directly. This proactive approach can ease the process.
Vacation LeaveNew Hampshire has no laws requiring employers to provide employees with vacation benefits, either paid or unpaid. Neither New Hampshire's Legislature nor its courts have given any significant guidance regarding other potential vacation policy issues.
If you are dismissed (sacked) or resign from your job, you should be paid any annual leave that you haven't taken. Usually, you will be paid before your last day or on the next scheduled payday. If you are entitled to leave loading, you may receive the extra payment at the same time you receive your annual leave pay.
Federally, and in most states, a termination letter is not legally required. In some states, currently including Arizona, California, Illinois and New Jersey, written termination notices are required by law. Some of these states have specific templates employers must use for the letter.
Once it has been accrued, the employer is legally required to pay it when the employee leaves or is discharged. Neither federal law nor the U.S. Department of Labor have issued any regulations or guidance on the issue.
First, calculate the number of paid time off the employee earned. Depending on your policy, you may include sick and vacation accrual. Next, subtract the number of hours the employee used from their earned paid time off. Then, you can roll over or cash out the employee's accrued time off.
You'll essentially need two kinds of paperwork: documents you need to gather before you actually fire the person (such as their hours worked and paid-time-off balances due), and documents you'll need to bring to the termination meeting itself such as a severance agreement or their final paycheck.
As part of an employee's final pay, any unused annual holiday entitlements and alternative holiday entitlements must be paid to the employee. This applies to employees who have retired, been terminated, made redundant, or resigned for any other reason.
No federal or state law in New Hampshire requires employers to pay out an employee's accrued vacation, sick leave or other paid time off (PTO) at the termination of employment.