• YouTube Twitter/XTwitter/X Instagram Facebook
  • Office Locations Contact Us

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.

If we frontloaded 64 hours to an employee who does not use any hours for sick leave, do we have to carryover that 64 hours and frontload another 64 hours at the start of the next year?

Whichever way employees accrue sick leave—whether through frontloading or continuous accrual—at least 64 hours of unused leave must be carried over each year. Yes, that could result in an employee having a balance of 128 hours, even if the employer’s policy limits annual use to 64 hours. If an employee used some of their paid sick leave during the year so they have fewer than 64 hours remaining in their balance, then the employer would have to carry over all unused hours.

Can an employer elect to pay out unused sick leave balances at the end of each year instead of carrying over the hours?

An employer may not require employees with unused leave balances to cash them out but may allow it if it is permissible under their leave policy and the employee elects to do so. Employees with unused accrued leave at the end of the year should have that leave carried over to the next year but cashing out a paid sick leave balance instead is permissible at the employee’s option.

First234567891011Last

Archive

  • Do you want to become an

    Applications Developer?

    Develop, create, and modify general computer applications software or specialized utility programs. Analyze user needs and develop software solutions. Design software or customize software for client use with the aim of optimizing operational efficiency.

  • Do you want to become a

    Plumber?

    Assemble, install, alter, and repair pipelines or pipe systems that carry water, steam, air, or other liquids or gases. May install heating and cooling equipment and mechanical control systems.

  • Do you want to become an

    Ironworker?

    Raise, place, and unite iron or steel girders, columns, and other structural members to form completed structures or structural frameworks. May erect metal storage tanks and assemble prefabricated metal buildings.

  • Do you want to become an

    Electrician?

    Perform preliminary work with the material and tools of the trade; residential and commercial rough wiring and finish work including the installation of various kinds of wires, cables, and conduits per the National Electrical Code; industrial lighting and service installation; motors controls and installation including emergency generators, relays, and timing devices.

Can't find what you're looking for?

Contact us and we'll do our best to answer your questions.