New Mexico Paid Sick Leave

New Mexico Paid Sick Leave

On July 1, 2022, New Mexico became one of many places in the United States that requires paid sick leave. This sick leave cannot be waived by a collective bargaining agreement. One hour of paid sick leave accrues for every 30 hours worked. A maximum of 64 sick leave hours can be accrued and used per year, but employers can opt for a higher limit. The sick leave can be used as soon as it is accrued without any waiting period. Unused sick leave carries over from year to year, but employers need not provide more than 64 hours per year. Pay out of unused sick leave is not required upon the end of employment, but if rehired within 12 months, then previously accrued but unused sick leave is reinstated. The sick leave can be used for the employee’s own medical needs as well as those of a family member, as well as for certain safety-related issues, including seeking help for domestic abuse, sexual assault, and stalking. Documentation supporting the use of the sick leave cannot be required unless the employee uses two or more consecutive days of sick leave, but the employer cannot delay payment until documentation is received. A notice of the employee’s rights under the law must be provided at the time of hire, and it must also be posted at the workplace. The notice must be in English, Spanish, or any language that is the first language spoken by at least 10% of the employer’s workforce. The state has created templates of the notice in English and Spanish, and the state will in the future create the notice for any other language the state deems appropriate. Monetary penalty for each violation starts at $250 and increases depending on the nature of the violation. The state’s webpage containing the notice templates, FAQs, and rules are available here.