Are out-of-state contractors who come to New Mexico to complete short-term jobs subject to the requirements of the Act?

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.

Is paid sick leave under the Act the same as paid time off (PTO)?

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.

How do employers calculate the amount of sick leave that they must provide to employees from July 1 to December 31, 2022?

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. 



  • Do you want to become an

    Applications Developer?

    Develop, create, and modify general computer applications software or specialized utility programs. Analyze user needs and develop software solutions. Design software or customize software for client use with the aim of optimizing operational efficiency.

  • Do you want to become a


    Assemble, install, alter, and repair pipelines or pipe systems that carry water, steam, air, or other liquids or gases. May install heating and cooling equipment and mechanical control systems.

  • Do you want to become an


    Raise, place, and unite iron or steel girders, columns, and other structural members to form completed structures or structural frameworks. May erect metal storage tanks and assemble prefabricated metal buildings.

  • Do you want to become an


    Perform preliminary work with the material and tools of the trade; residential and commercial rough wiring and finish work including the installation of various kinds of wires, cables, and conduits per the National Electrical Code; industrial lighting and service installation; motors controls and installation including emergency generators, relays, and timing devices.

Can't find what you're looking for?

Contact us and we'll do our best to answer your questions.