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I telework from home in New Mexico, but the company is located in a different state. Do I still accrue sick leave?

It is impossible to give a precise answer to this question because of the numerous scenarios that may come up. In general, however, the following guidelines apply to telecommuters and remote workers:

  • Workers who perform services within the geographical boundaries of New Mexico, other than on tribal land, and whose employers are incorporated, registered, based, physically located, or are conducting their stated business in New Mexico (a “New Mexico employer”) are most likely covered;

  • Workers who perform services remotely while within the geographical boundaries of New Mexico, other than on tribal land, and whose employers are based or incorporated out of state (an “out-of-state employer”) but do provide significant services in New Mexico or conduct significant business activities in the state, are probably covered. The Division will determine coverage on a case-by-case basis after reviewing the facts presented in a complaint. An employer must have “minimum contacts” with our state as defined by law for the Division to have jurisdiction;

  • Workers who perform services remotely while within the geographical boundaries of New Mexico, other than on tribal land, but whose employers are based out of state and do not provide significant services in New Mexico or conduct significant business activities in the state, are most likely not covered due to the employer lacking minimum contacts with our state

  • Workers who perform services remotely but do so while physically outside of the geographical boundaries of New Mexico are not covered regardless of whether their employers are based in New Mexico or are out-of-state employers with minimum contacts. The work upon which the accrual, usage, and payment of paid sick leave is based must have been performed in New Mexico for the Division to have jurisdiction;

  • Workers who perform some services in New Mexico and other services not in New Mexico, are probably partially covered by the Act for the services performed in New Mexico, but only if the employer is also a New Mexico employer or an out-of-state employer with minimum contacts in New Mexico.

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.
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