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Employers may frontload less than the full 64 hours only in the case of employees whose employment begins after January 1 of a given year, in which case employers may frontload a prorated portion of the 64 hours to use during the rest of the year.

The Serve New Mexico Commission announced today that it has received a Public Health AmeriCorps grant of $257,048 from AmeriCorps, the federal agency for national service and volunteerism.

While it is possible to have a single PTO policy and be compliant with the Act, doing so is not the right choice for every business. Employers who choose this route must ensure their PTO policy tracks the Healthy Workplaces Act requirements in every regard. For instance: it must provide the same or more generous accrual, carryover, and use benefits; employees must start accruing leave upon hire; employees must be allowed to use the PTO for all the same purposes permitted by the Act, including those related to family members; the policy must incorporate the Act’s rules on recordkeeping, notice, payment for leave used, etc.

It is against the law to retaliate against an employee for exercising rights under the Act. Employers have the right to discipline employees according to their own internal policies, but they should use caution when disciplining employees in connection with earned sick leave use to ensure that discipline is not being used in a retaliatory manner or to discourage employees from using earned sick leave in the future. If a complaint is filed, the Division will make a finding as to whether the discipline was administered in relation based on the facts discovered through our investigation.

If an employee regularly works more than 40 hours in a week and uses earned sick leave, the employer must pay the employee according to those regularly scheduled weekly hours, even if greater than 40.