Meeting and Hearing Notices

The poster must be displayed in a “conspicuous and accessible place.” For fully remote businesses, the Department interprets this requirement to allow for website, email, or some other form of electronic communication or publishing that employees can access easily.

Yes. Even though employers are not required to permit employees to use more than 64 hours of leave in a year, it is illegal to cap the number of hours an employee can accrue. 64 hours of paid sick leave equates to 1,920 hours worked, so once an employee works more than this in a one-year period, that employee must accrue an additional 1 hour of paid sick leave per every 30 hours worked.

Not necessarily. Not only must you provide at least the same accrual rate as the Act, but you must also ensure the hours accrued can be used at a minimum for the same purposes and under the same terms and conditions as provided for by the Act. You must track leave usage and be able to provide documentation to establish compliance if an employee files a complaint against you. Also, the Division will require employers to honor their own policies and we will enforce those more generous provisions. Employers in violation could face assessments of improperly denied leave pay, statutory damages, and interest.

The Healthy Workplaces Act is designed for employees performing work in New Mexico to accrue paid sick leave. Whether your business is based in New Mexico or out of state, your employees performing services in New Mexico must accrue and be allowed to use paid sick leave.

The Healthy Workplaces Act does not apply to any work done on Tribal Land, including Trust Land, and the Division has no authority to enforce its laws for work performed there. This is true whether the employer is owned or operated by a tribe or tribal member or a non-tribal member. Any business owned or operated by a tribe or tribal member is exempt from the requirements of the Act, even if work is performed off tribal land.