What is the maximum amount of paid sick leave that I can accrue?

You may accrue as many hours as your employer’s policy allows. However, the employer is only required to carry over a maximum of 64 accrued hours. Also, the employer is only required to permit an employee to use 64 hours of paid sick leave per year, regardless of how many hours the employee has accrued.

Do part-time employees acquire paid sick leave?

Yes. Part-time employees accrue paid sick leave at the same rate as full-time employees: one hour for every thirty hours worked. If an employer chooses to frontload hours for a part-time employee, the employer is still required to frontload a minimum of 64 hours.

If an employee chooses to have their remaining sick leave paid out at the end of the year according to an employer’s policy, can the employer pay out the sick leave at ½ the employee’s hourly rate?

No. If an employer has a policy that permits employees to choose to have their unused sick leave paid out at the end of the year instead of carrying over, they must pay employees according to their full hourly rate. However, an employer is not required to give employees the option to cash out unused sick leave instead of carrying it over into the next year.

How do I file a complaint?

A complaint may be filed online or in-person.

To file a complaint online go to https://www.dws.state.nm.us/NMPaidSickLeave and click the link under File Now in either English or Español. You may also download a complaint form under Resources, Guides, and Training that you can physically fill out and sign then mail, email, fax, or drop-off to any Labor Relations Division office or to any New Mexico Workforce Connection Center across the state.

Any New Mexico Workforce Connection Center will assist in providing access to a paper complaint form that you may fill out and leave with staff or take home and bring back, mail, email, or fax. Free access to computers are also available in each location to fill out a complaint online.


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