New Hampshire Supreme Court Holds that Part-time Employees are Entitled to Job Reinstatement

Generally, injured workers in New Hampshire have a right to reinstatement to their prior position within eighteen months of their work injury. RSA 281:25-a.  By unanimous decision, the New Hampshire Supreme Court recently held that RSA 281:25-a applies to both part-time and full-time workers. See Appeal of Cover, ___ N.H. ___ (Slip. Op. February 26, 2016).  This ruling invalidated an administrative rule that excluded part-time workers from receiving the right to reinstatement under the statute.  The Court analyzed RSA 281-A:25-a and explained that nothing in the statute excluded part-time workers from its scope.  The Court thus concluded that the administrative rule was invalid because it conflicted with the statute.