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Does the HWA supersede federal law or the Bernalillo County PTO Ordinance enacted in 2020?

State law, including the HWA, supersedes federal law where the protection afforded an employee under the state law offers greater protection to the employee than the federal law. Similarly, to the extent that a municipal or county ordinance provides for greater employee protections than state law, an employer must comply with the provisions most protective to employees. 

How would this law apply to employers that allow unlimited paid time off?

If your unlimited leave may be used for all the same purposes and under the same (or more generous) terms and conditions as what the Act requires, including those related to notice and documentation, you will be compliant. However, you will have to keep track of any time used so that if a complaint is filed against you, the Division will be able to determine whether that employee accrued and was allowed to use the mandatory minimum amounts of leave.

Members Requested for Paid Family & Medical Leave Task Force

The New Mexico Department of Workforce Solutions is assembling a task force to develop recommendations for the enactment and implementation of a Paid Family & Medical Leave Act, including the establishment and administration of a PFML trust fund administered by the department.

Disaster Unemployment Assistance for 2022 Wildfires

At the request of Governor Michelle Lujan Grisham, President Biden has authorized federal disaster aid for the State of New Mexico making Disaster Unemployment Assistance (DUA) available to New Mexicans whose employment or self-employment was lost or interrupted as a direct result of the 2022 Wildfires.
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