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November 17, 2025
For good reason, many states have been enacting employment legislation seeking to protect military service members and their families. Just this year, we have written about such laws in Delaware, Illinois (here and here), Louisiana, Maryland, Nebraska, New Mexico, Washington, and West Virginia. Other states are following suit.
New Hampshire Protects Spouses During Involuntary Mobilizations
Effective January 1, 2026, New Hampshire will require employers of 50 or more individuals at the same location in the state to provide employment protections for the spouses of military service members who are involuntarily mobilized for up to one year and one day in support of war, national emergencies, or contingency operations. See 2025 NH HB 225.
Specifically, an employer will be prohibited from discharging, refusing to hire, or taking any adverse employment action against an employer based on the involuntary mobilization of that employee’s spouse.
Any leave of absence that an employee takes due to the involuntary mobilization of their spouse will be unpaid and the employee will not be entitled to benefits or accrual of benefits during the leave. Following any leave of absence, for the same duration of time that the employee’s spouse would have reemployment rights under 38 U.S.C. § 4312, the employee will have a right to reemployment in the position previously held, or one of like seniority, status, and pay for which the employee is qualified.
Aggrieved employees may file a complaint with the New Hampshire Department of Labor within 180 days of the alleged violation. Violators will be liable for reinstatement, back pay, and any lost benefits. The Department of Labor or local court, or both, also may award reasonable attorney’s fees and costs.
Oregon Expands Hiring Preferences to Include Members of the National Guard
Effective January 1, 2026, Oregon will expand its veterans’ preference law to include current and former members of, and those honorably discharged from, the Oregon National Guard. See Oregon SB 808.
Eligible members will be able to claim hiring preferences for vacant state civil service positions. This preference is the same as that provided to other veterans and can include adding points to test scores and other advantages.
Takeaways
In advance of the January 1, 2026 effective date, employers in New Hampshire and Oregon should review and update their employment policies and practices, and train their hiring personnel, managers, and leave of absence personnel, on the new laws to ensure compliance.
The author of this article, Patricia Tsipras, is a member of the Bar of Pennsylvania. This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Pennsylvania, New Hampshire, Oregon, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist. Always consult an attorney with specific legal issues.
