Employee Leave Laws in New Mexico: What Employers Need to Know

Employee leave laws in New Mexico have changed a lot in recent years, and employers need to stay up to date on the specific requirements. Keeping up with these changes can be challenging, especially with new mandates like paid sick leave. However, understanding the details helps employers stay compliant and better support their teams.

New Mexico offers a variety of leave options for employees, from paid sick leave to federally mandated protections. Each type of leave has its own set of rules, including who qualifies, how leave is earned, and how it can be used. Mistakes in applying these laws can lead to expensive penalties or unhappy employees, so careful management is key.

Clear knowledge of New Mexico's employee leave laws allows employers to create straightforward policies. It ensures compliance while giving employees a clear process for requesting leave without unnecessary confusion or delays.

Overview of the Types of Employee Leave Laws in New Mexico

Under the Healthy Workplaces Act (HWA), employees in New Mexico are entitled to paid sick leave. This law requires employers to provide one hour of sick leave for every 30 hours worked, with a maximum of 64 hours available each year. Employees can use this leave for personal illness, caring for family members, attending school health-related meetings, or dealing with matters related to domestic abuse, sexual assault, or stalking.

Federal protections, such as the Family and Medical Leave Act (FMLA), also apply to workers in New Mexico. FMLA gives eligible employees up to 12 weeks of unpaid leave for reasons like serious health conditions, caring for family members, or the birth of a child. Employers are required to protect the employee's job during this leave and maintain health insurance coverage.

Some companies may go beyond what is legally required and offer additional leave benefits, such as vacation days, personal leave, or extended sick leave.

Understanding the Healthy Workplaces Act in New Mexico

The Healthy Workplaces Act (HWA) set a new standard for employee leave laws in New Mexico. This law became effective on July 1, 2022, and requires all private employers with at least one employee to provide paid sick leave. It applies to full-time, part-time, seasonal, and temporary workers, ensuring that nearly every type of employee in the state has access to this benefit.

Under the HWA, employees earn one hour of paid sick leave for every 30 hours worked. They can accrue up to 64 hours per 12-month period. Employers are permitted to use an accrual system or provide the full 64 hours upfront at the beginning of the calendar year. Accrued but unused hours can carry over to the following year, although no more than 64 hours can be used within a single 12-month period.

Employers must pay employees their regular hourly wage for any sick leave taken under the HWA. The leave can be used for personal illness, preventive care, caring for a family member, or handling issues related to domestic abuse, sexual assault, or stalking. Employees are allowed to use the leave as it accrues, with no waiting period required.

Compliance with the HWA involves clear communication of policies and procedures. Employers must provide notice of the law by displaying a poster in the workplace and informing employees of their rights at the time of hire. Additionally, payroll systems must be equipped to track sick leave accrual and usage accurately to avoid disputes or penalties. Proper leave management ensures employers meet legal obligations while supporting their employees effectively.

Earned Sick Leave Accrual and Usage in New Mexico

Employees in New Mexico accrue earned sick leave (ESL) at a consistent rate under the Healthy Workplaces Act (HWA). For every 30 hours worked, employees earn one hour of ESL. This accrual applies to all employees, including part-time, temporary, and seasonal workers, ensuring leave is accessible to a broad range of workers. There is no waiting period for accrual, meaning employees begin earning leave on their first day of employment.

The maximum amount of ESL employees can use in a 12-month period is capped at 64 hours. While unused accrued leave can roll over to the next year, employers are not required to allow employees to use more than 64 hours of ESL within a single year. This provides flexibility for employees while limiting the total leave usage employers must accommodate annually.

Employers are required to pay ESL at the employee's regular hourly rate. To simplify administration, employers have the option to frontload the full 64 hours at the beginning of the year. This eliminates the need to track accruals throughout the year. For new hires starting mid-year, employers may prorate this frontloaded amount based on the employee's start date.

When ESL use is foreseeable, employees must make a reasonable effort to notify their employer in advance. They are also expected to schedule leave in a way that minimizes disruptions to business operations. For unforeseen leave, employees must notify their employer as soon as practicable. If an absence lasts two or more consecutive workdays, employers may require documentation to confirm the leave was used for a qualifying reason. Documentation could include a note from a healthcare provider or other reasonable proof relevant to the reason for leave.

Employers must also fulfill specific notice obligations. A poster outlining employee rights under the HWA must be displayed prominently in the workplace. Additionally, employers are required to inform new employees of their rights under the HWA at the time of hire. This ensures that all employees are aware of their entitlements and how to access them.

The HWA interacts with existing paid time off (PTO) policies in a significant way. If an employer's PTO policy is as generous as the HWA requirements and allows leave to be used for the same purposes, no additional ESL needs to be offered. However, the PTO policy must meet or exceed the accrual rate, usage limits, and other conditions specified by the HWA. Employers should carefully review their PTO policies to ensure compliance.

Employees can use ESL for specific qualifying reasons, including:

• Personal health needs: Includes illness, injury, medical diagnosis, treatment, or preventive care.

• Care for family members: Covers the same health-related needs for family members.

• School meetings: Attending meetings related to a child's health or disability at school or childcare facilities.

• Domestic abuse, sexual assault, or stalking: Employees may take leave for medical treatment, relocation, legal proceedings, or counseling related to these issues for themselves or a family member.

The term "family member" has a broad definition under the HWA. It includes not only immediate relatives like parents, children, and spouses but also extended family such as grandparents, grandchildren, and siblings. Additionally, individuals with a close association equivalent to a family relationship are covered. This inclusive definition ensures employees can provide care for those who matter most to them.

Paid Family and Medical Leave (PFML) in New Mexico

In 2024, the New Mexico State Senate passed the Paid Family and Medical Leave Act, introducing a new level of support for employees balancing personal and professional responsibilities. This law provides workers with paid leave for specific family and medical needs. It applies to employers across the state, ensuring employees have access to protected leave while receiving partial wage replacement.

Under the PFML program, employees can take leave for qualifying family or medical reasons, such as:

• Caring for a new child: Includes the birth, adoption, or foster placement of a child.

• Managing serious health conditions: Covers the employee's own health or that of a family member requiring medical care.

• Supporting family during military deployment: Employees can assist immediate family members affected by active military duty.

The law applies to most employers in New Mexico, regardless of size. Eligibility includes employees who meet the state's minimum work requirements, ensuring broader access to paid leave benefits. Employers contribute to the program through payroll deductions, creating a fund that supports wage replacement during an employee's leave period.

Employees using PFML receive a percentage of their average weekly wage, up to a maximum limit set by the state. This ensures financial stability during leave while encouraging a healthy work-life balance. Employers are responsible for maintaining accurate payroll records and ensuring timely contributions to the fund.

Voting Leave Laws in New Mexico

Voting leave laws in New Mexico guarantee employees time off to participate in elections. Employers must provide up to two hours of paid leave for employees to vote during elections, including primaries and general elections. This ensures that all eligible voters have the opportunity to cast their ballots without risking their income or job security.

Employees must request voting leave in advance. The request should be made before Election Day to allow employers to plan for coverage. Employers have the right to specify the time during which employees may take leave, as long as it does not interfere with the ability to vote.

Voting leave is not required if the employee has two consecutive nonworking hours while polls are open. For example, if an employee's shift ends two hours before the polls close, the employer is not obligated to provide additional voting leave. This provision ensures the law applies only when necessary to facilitate voting.

Employers cannot deduct pay or penalize employees for taking approved voting leave. Retaliation or discrimination against employees who use their voting leave rights is prohibited. Failing to comply with this requirement may result in legal consequences for the employer.

Action Items for New Mexico Employers

Employers in New Mexico must take clear, proactive steps to ensure compliance with employee leave laws. Regularly reviewing and updating policies is critical to avoid penalties and maintain a workplace that supports employees' rights. Specific actions can help streamline compliance efforts and reduce administrative burdens.

• Audit existing sick leave and PTO policies: Compare current policies against the requirements outlined in state leave laws. Ensure accrual rates, eligible uses, and carryover rules meet or exceed legal standards.

• Update employee handbooks and materials: Revise written policies to reflect accurate leave entitlements. Clearly outline how employees can request leave, including notice requirements and documentation expectations.

• Train management: Provide training for managers and HR personnel on updated leave policies. Emphasize compliance requirements and the importance of consistent policy enforcement.

• Implement tracking systems: Invest in tools to automate leave accrual, usage tracking, and record retention. Accurate tracking reduces the risk of errors and simplifies reporting.

Employers must also communicate changes to employees in a clear, timely manner. Provide updated materials during onboarding and ensure access to resources, such as workplace posters or digital notices, that outline employees' rights. Clear communication fosters trust and reduces confusion about leave expectations.

Managing employee leave laws in New Mexico requires a proactive, informed approach. By staying current on legal requirements and implementing clear policies, you can create a workplace that supports your employees while maintaining compliance.

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