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About New Mexico Paid Sick Leave (Healthy Workplaces Act)

 

The Healthy Workplaces Act of 2021 is a law requiring all private employers in New Mexico to allow employees to accrue and use a benefit called earned sick leave. The law takes effect on July 1, 2022. The Act lets employees earn and use paid sick leave. Employees may use this leave for various reasons listed in the Act, like the employee’s or their qualifying family member's illness or injury, or to deal with certain legal and family issues. Employers who do not honor an employee’s rights to sick leave face potential civil liability. The Act authorizes the Labor Relations Division (LRD) of the New Mexico Department of Workforce Solutions (DWS) to investigate violations and enforce the Healthy Workplaces Act.

Employers with paid-time-off policies that are more generous than the minimum accrual and usage limits specified in Act are compliant with the Act if employees may use the leave for the same purposes and under the same terms and conditions specified in the Act.

The earned sick leave required by the Act is in addition to any paid time off provided by an employer pursuant to a collective bargaining agreement unless employees may use the paid time off for the same purposes and under the same terms and conditions specified in the Act.

Healthy Workplaces Act Final Rules 

Healthy Workplaces State Statute, NMSA Chapter 50, Article 17 - PDF

 

 

Frequently Asked Paid Sick Leave Questions

FAQs all-in-one - PDF

If an employer denies an employee’s request to use earned sick leave and the employee files a complaint with the Division, the employer will have an opportunity to provide the Division with evidence that the employee was not entitled to use the leave. If the Division finds that the employee was wrongfully denied, the employer could be liable for improperly denied leave pay, damages, and interest. If the Division determines that the employee was not entitled to use earned sick leave, the employer will not be liable.

Yes. And employers must report additional details of this benefit (such as year-to-date accrual and usage) in writing to employees at least once every calendar quarter if that information is not included on the paystubs. And employers must report additional details of this benefit (such as year-to-date accrual and usage) in writing to employees at least once every calendar quarter if that information is not included on the paystubs. And employers must report additional details of this benefit (such as year-to-date accrual and usage) in writing to employees at least once every calendar quarter if that information is not included on the paystubs.

Any out-of-state employer with employees performing work within the geographical boundaries of New Mexico, other than tribal land, will be evaluated on a case-by-case basis as to whether they have sufficient “minimum contacts” with our state to subject them to the requirements of the HWA.  This will be determined once a PSL complaint is filed. The more business activity an out-of-state employer has going on in New Mexico, the more likely it is that it will be subject to the Act.  For this reason, employers near the border or with frequent business dealings in our state may want to ensure they are compliant with the HWA.

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Contact Labor Relations Division

Albuquerque Map
Albuquerque
401 Broadway Blvd NE
Albuquerque, NM 87102
Phone: 505-841-4400
Fax: 505-841-4424
Las Cruces Map
Las Cruces
226 South Alameda Blvd
Las Cruces NM 88005
Phone: 575-524-6195
Fax: 575-524-6194

Resources, Guides, and Training

 
Paid Sick Leave Poster
 
Resources
 
Healthy Workplaces Act Complaint Form

This form is for complaints alleging violations of the accrued sick leave requirements under the New Mexico Healthy Workplaces Act

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