New Mexico paid sick leave laws require employers to provide up to 64 hours of paid sick leave per year under N.M. Stat. Ann. § 50-17-1. This comprehensive law ensures broad coverage for workers across the state while establishing clear guidelines for both employers and employees.
The law provides significant protections for workers, with no cap on annual accrual and flexible use provisions. These requirements apply to most employers and employees throughout New Mexico, creating a consistent standard for workplace leave benefits.
Common Questions About New Mexico Paid Sick Leave
Understanding New Mexico paid sick leave requirements is essential for maintaining workplace compliance and supporting employee well-being. The law establishes specific guidelines for leave accrual and usage while providing comprehensive worker protections. Here’s what you need to know to stay compliant.
Who can take paid sick leave in New Mexico?
All employees working in New Mexico can take this leave, except:
- Employees covered by the Federal Railway Labor Act
- Employees covered by the Railroad Unemployment Insurance Act
- Independent contractors
Which employers have to provide this leave?
All employers must provide this leave to New Mexico workers.
How much leave do employers need to provide?
Employees accrue one hour of paid sick leave for every 30 hours worked, with no cap on annual accrual. Accrual begins on the first day of work. Exempt employees are presumed to work 40 hours weekly unless they typically work less.
What can New Mexico paid sick leave be used for?
Employees can use leave for their own or a family member’s physical or mental illness, injury, or health condition, as well as medical diagnosis, treatment, or preventative care. This further extends to domestic abuse, sexual assault, or stalking-related needs (including medical treatment, legal services, relocation, or support services). The policy also includes attending meetings at their child’s school related to health or disability.
How does this relate to other types of leave?
Employers can’t require employees to use other available paid leave before using sick leave. They can use a paid time off policy that provides at least as much leave and allows for the same reasons.
Can employers limit how many hours of sick leave employees use in a year?
Employers can limit employees to using 64 hours per benefit year. Employers can define the benefit year as the calendar year, any fixed 12-month period, a 12-month period from first use, or a rolling 12-month period measured backward.
Can employers provide all the leave at once instead of letting it accrue?
Employers can frontload 64 hours on January 1 annually, with prorated amounts for mid-year hires (but not part-time employees). Even with frontloading, employers must track hours for additional accrual since there’s no accrual cap.
Do employers have to carry over unused leave?
Yes, employers must allow carryover of up to 64 hours of unused leave, even when frontloading.
What is the smallest amount of leave an employee can use?
Employees can use leave in hourly increments or the smallest increment the employer’s payroll system uses, whichever is smaller.
What notice do employers and employees need to provide?
Employers must display a poster in English, Spanish, and any language spoken by 10% or more of workers, as well as provide the poster to new hires and remote workers electronically and give quarterly summaries of accrued and used leave.
Employees must make reasonable effort to provide advance notice for foreseeable leave and notify employers as soon as practicable for unforeseeable leave. Employees should include expected duration in requests.
What verification can employers ask for?
For absences of two or more consecutive workdays, employers can request reasonable documentation but cannot delay leave use pending documentation. Acceptable verification includes healthcare provider notes for illness and/or various forms of documentation for domestic violence-related leave Documentation cannot require details about medical conditions or abuse.
Are employees’ jobs and benefits protected when they take this leave?
Yes, employees’ jobs are protected. While unused leave isn’t paid out at separation, employers must reinstate previously accrued leave if employees are rehired within 12 months. All leave-related information must remain confidential unless disclosure is legally required.
Simplify New Mexico Paid Sick Leave with SixFifty
Navigating New Mexico paid sick leave requirements can be complex, especially with unique provisions around accrual and documentation. SixFifty’s solutions streamline the process, ensuring your policies align with state requirements while reducing the administrative burden on your HR team. We’re here to keep you compliant—even as paid sick leave laws evolve.
Want to see how it works? Schedule a free demo today!
