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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

Possibly. PTO is only equated with earned sick leave under the Act if it is earned on the same basis, can be used under the same conditions, and is subject to the same notice and other requirements as those specified by the Act. Otherwise, the earned sick leave required by the Act is in addition to any other paid time off or other leave that an employer may grant.

Employees must start accruing paid sick leave on July 1, 2022. For every thirty (30) hours an employee works, the employee must accrue one (1) hour of sick leave. Employers may not offset this requirement with leave employees already earned or used since January 1, 2022. If an employer’s policy or a collective bargaining agreement provides that employees accrue more than one hour per every 30 worked, then use that amount. Employers who want to frontload to comply with the HWA for the rest of 2022 must frontload the full 64 hours, even though there will only be 6 months in the cycle for employers who choose to follow the calendar year. 

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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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