New Mexico Statewide Rule
New Mexico Paid Leave Laws and Local Rules
Key Facts
- Preemption
- Statewide sick leave required
- One hour per
- One hour per 30 worked
- No employer size
- No employer size threshold
- State Law
- Locals may exceed state law
- Enforcement Agency
- DWS enforces compliance
Summary
New Mexico has enacted statewide paid sick leave through the Healthy Workplaces Act and does not preempt cities from adopting additional leave protections beyond state requirements.
The Healthy Workplaces Act provides minimum requirements pertaining to earned sick leave and shall not be construed to preempt, limit or otherwise affect the applicability of any other law, regulation, requirement, policy or standard, including collective bargaining agreements, that provides for greater accrual or use by employees of earned sick leave, whether paid or unpaid, or that extends other protections to employees.
Full Breakdown
The Healthy Workplaces Act, codified in NMSA 1978 Chapter 50, Article 17, requires nearly all private employers to provide one hour of paid sick leave for every 30 hours worked, with no minimum employer size threshold. Employees may use leave for their own or a family member's illness, preventive care, domestic violence situations, or related court matters. Because New Mexico's law sets minimum standards rather than preempting locals, cities may adopt more generous paid leave rules. Bernalillo County and Albuquerque have considered or implemented additional leave protections beyond the state floor.
Violations & Penalties
Healthy Workplaces Act violations may result in unpaid leave recovery, statutory damages, civil penalties, and Workforce Solutions enforcement actions against noncompliant employers.
Frequently Asked Questions
Are part-time workers covered?
Can localities require more leave?
Sources
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