New Mexico Paid Sick Leave

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.

While an employer may prescribe procedures for calling off work, an employee’s failure to provide advance notice in unforeseeable situations does not permit the employer to deny leave. Also, finding a replacement worker is never the employee’s responsibility. Failure to find a replacement may not be used as reason to deny leave.

Yes, if the third-party administrator or individual(s) tracking payroll complies with all the requirements of the Act. However, if they fail to comply, the employer will be out of compliance with the Act and potentially liable for any violations of the Act that resulted from the third party’s failure.

Under the Act, any employee who is re-hired or reinstated within 12 months of separation is entitled to have previously accrued but unsued leave restored to them upon their return. The Division recommends that employers treat earned but unused sick leave under the Act as a continuing potential liability for at least one year.

Yes. However, the CBA requirements for accrual and use of paid sick leave must be consistent with the Act and meet the mandatory minimum requirements for accrual and usage. A CBA can grant more generous benefits than required by the Act. CBA provisions that are inconsistent with HWA will not be enforced by LRD and may not operate as a defense to a complaint brought under the HWA.

No. Employee rights under the Act are non-waivable.

No. Employees start accruing paid sick leave under the Act when their employment begins or July 1, 2022, whichever is later.

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.

If an employer allows accrual of more earned sick leave than the minimum required by the Act but still characterizes it as paid sick leave accrued or earned pursuant to the Act, then the Act’s rules and requirements will apply. 

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.