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Required paid sick leave may come as unfamiliar territory to many New Mexico employers, being that it is a completely new law to the state. For businesses struggling to understand sick leave legislation and compliance, this guide will help employers navigate the complexities of this New Mexico Labor Law.
The act outlines new requirements for paid sick leave in the state of New Mexico, effective starting July 1st, It provides requirements and rules for paid sick leave as well as penalties for non-compliance. The intent of the new sick leave law is to better regulate employee benefits in the state of New Mexico, specifically regarding sick leave. The goal of the law is to help workers throughout New Mexico address their own health and safety needs, as well as that of eligible family members, without having to deal with lost wages and compensation.
The state government also hopes that the worker turnover rate for New Mexico will improve by creating and enforcing paid sick leave requirements for private employers. According to the Healthy Workplaces Act, all full-time, part-time, seasonal, and temporary workers are entitled to New Mexico paid sick leave.
Under the Healthy Workplaces Act, employees begin to accrue sick leave upon the first day of employment or July 1st, Any employees who are classified as exempt under the Fair Labor Standards Act FLSA will be assumed to work 40 hours a week for the purposes of sick leave accrual.
Alternatively, employers may choose to grant employees the full 64 hours of sick leave for the coming year, on January 1st of that year.
Note: Employers are required to allow employees to carry over any unused paid sick leave, however, employers are not required to allow employees to use more than the specified limit in any given month period. Employees shall be compensated at the same hourly rate and with the same benefits for any taken sick leave, as they would for any hours worked.
Employees can start using accrued sick leave on July 1st, After which, employees can use any earned sick leave as it is accrued from the start of employment.
Employers may not require employees to provide any form of proof for paid sick leave unless the employee requests two or more consecutive days of leave. It is important that employees provide documentation in a timely manner, however, employers may not delay the use of sick leave due to not receiving documentation. Employers are required to authorize the use of paid sick leave upon written or oral request from the employee.
Employers should clarify their sick leave policy and expectations of employees when taking sick time in an employee handbook. If leave is not foreseeable, the employee needs to notify the employer as soon as practical. For instance, an employee may use sick leave for 4 hours of leave as opposed to a full day. In addition to understanding the basic components of the Healthy Workplaces Act, employers need to understand what is expected of them in regard to the new legislation.
It is also important that employers understand how to classify employees , as misclassification of an employee as an independent contractor is a violation of the Healthy Workplaces Act. Any employer with a pre-existing paid sick leave policy that meets the accrual requirements of the Healthy Workplaces Act may be used for the same purposes and reasons as specified by the act. Important to note for employers, however, is that the sick leave must be in addition to any other leave that may be used for reasons and purposes other than specified by this act.
According to the Healthy Workplaces Act, employers are not required to compensate any employees for unused, accrued sick leave upon termination of employment, a resignation, retirement, or other forms of separation of employment. Important to note, however, is that any employees who are rehired by the same employer within 12 months of separation are entitled to their previously accrued earned sick leave that was not used prior to separation.
The employee can also begin to use and accrue sick leave upon reinstatement. Employees who are transferred to a new place of work but are still employed by the same employer, do not lose any accrued sick leave, nor do they stop accruing, or have to wait to use any sick leave. Employers are required to keep records documenting all hours worked by employees for the last 48 months.
Employers must also keep records of all sick leave taken by employees in that same time period. Employers are also required to display a labor law poster with the required information regarding the Healthy Workplaces Act in a conspicuous and accessible area in each place of employment. It is recommended that employers use a labor law poster subscription service , as this is an inexpensive and simple way to manage compliance with federal and state posting requirements.
Any employer that violates any of the rules and regulations under the Healthy Workplaces Act shall be liable to the offended employee.
Employers who are struggling with New Mexico paid sick leave, or are unsure of where to start with creating a New Mexico sick leave policy may want to contact a New Mexico HR and payroll company for assistance. If your New Mexico labor law posters are not yet updated, you may be out of compliance.
Maybe it’s time to worry a little less about non-compliance Try a poster subscription service and receive updated mandatory notices that need to be posted for employees as additional changes take place with New Mexico’s state or local laws.
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Employer Insights. New Mexico Sick Leave Eligibility. New Mexico Sick Leave Pay Rule Employees shall be compensated at the same hourly rate and with the same benefits for any taken sick leave, as they would for any hours worked.
However, the leave must be in order to… Receive medical or psychological counseling Relocate Prepare or participate in legal proceedings Obtain services for or assist a family member with the above three actions What Defines a Family Member? Reasonable forms of documentation that an employer may ask for include: Documentation signed by a health care professional indicating the amount of earned sick leave taken is necessary In the case of domestic abuse, sexual assault, or stalking, the following documentation is considered reasonable A police report A court-issued document A signed statement from a victim services organization It is important that employees provide documentation in a timely manner, however, employers may not delay the use of sick leave due to not receiving documentation.
How to Use Earned Sick Leave Employers are required to authorize the use of paid sick leave upon written or oral request from the employee. Employer Requirements for New Mexico Sick Leave In addition to understanding the basic components of the Healthy Workplaces Act, employers need to understand what is expected of them in regard to the new legislation.
Termination and Transfer of Employment According to the Healthy Workplaces Act, employers are not required to compensate any employees for unused, accrued sick leave upon termination of employment, a resignation, retirement, or other forms of separation of employment.
Employer Recordkeeping Requirements Employers are required to keep records documenting all hours worked by employees for the last 48 months. New Mexico Sick Leave Penalties and Fines Any employer that violates any of the rules and regulations under the Healthy Workplaces Act shall be liable to the offended employee.
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Published March 16th, at am. Get used to it. A bill that would have led to the possibility of New Mexico staying on a single time year-round is dead. Cliff Pirtle, R-Roswell, stressed the act would only go into effect if the federal government decides to create a nationwide daylight saving time zone, some committee members were not swayed.
Doreen Gallegos, D-Las Cruces. As it is, Pirtle said, Congress is contemplating the Sunshine Protection Act of , in which daylight saving time would be made permanent and the majority of the U. Currently Hawaii and much of Arizona do not observe the time changes that occur twice a year in the rest of the U. Few issues stir up constituents as the time-change proposal. I get hundreds of emails. Democratic Rep. An Associated Press-NORC poll from said 31 percent of Americans wanted to move to daylight saving time throughout the year, while 40 percent wanted standard time.
Twenty-eight percent in that poll said they were happy moving back and forth between daylight and standard time. Just because lawmakers table a bill does not mean it cannot be resurrected and get another shot at moving on. Had it cleared the house committee Monday, it would have gone to the House of Representatives floor for a final vote. The Senate voted to support the bill earlier this month. Still, Rep. Moe Maestas, D-Albuquerque and chairman of the committee, told Pirtle his interim committee — which meets between legislative sessions — would call for an economic analysis of the issue to see if it warrants more serious consideration.
Skip to content. Walking in the foothills of Albuquerque in the sun. This story also appeared in Santa Fe New Mexican.
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