Sick Leave for New Mexico Employees: What You Need to Know in 2025
March 28, 2025
Ever woken up under the turquoise sky with a scratchy throat in Santa Fe, battling allergies during Albuquerque's spring winds, or feeling under the weather in Las Cruces? Well, since July 2022, New Mexico workers have had something pretty special - the Healthy Workplaces Act.
It's a game-changer that's as welcome as a cool breeze in the desert.
Key Objectives:
Here's what makes New Mexico's approach unique: Just like our famous chile (and yes, that's how we spell it here), our sick leave law brings the heat when it comes to worker protections. Whether you're crafting jewelry in Old Town, working at Los Alamos, or serving customers at a local restaurant in Taos, you're covered. The law applies to virtually all employees, making it as universal as our stunning sunsets.
Think of it this way: For every 30 hours you work, you earn one hour of paid sick leave - up to 64 hours per year. That's more generous than many of our neighboring states. And like our ancient petroglyphs, these hours stick around - they carry over from year to year. The law recognizes that life, like New Mexico's weather, can be unpredictable.
What's particularly special (like our famous green chile sauce) is how flexible these protections are. You can use this time for your own illness, caring for family, dealing with domestic violence issues, or even when schools close for public health reasons. It's as versatile as a New Mexican cook's recipe box.
Overview of the Healthy Workplaces Act (HWA)
The Healthy Workplaces Act requires most employers in New Mexico to provide paid sick leave to their employees. This law covers full-time, part-time, and temporary workers.
Key Highlights:
- Paid sick leave accrual begins on the first day of employment or July 1, 2022, whichever is later.
- Employees can begin using their accrued leave after 90 calendar days of employment.
- Employers cannot retaliate against employees for using sick leave.
How Does Paid Sick Leave Work in New Mexico?
Accrual of Paid Sick Leave
Employees accrue one hour of paid sick leave for every 30 hours worked, up to a maximum of 64 hours (8 days) per year.
Key details:
- Employers may choose to frontload the full 64 hours at the beginning of the year rather than accrue it incrementally.
- Carryover: Unused sick leave can carry over to the next year, but employers can cap annual usage at 64 hours.
When Can Employees Use Sick Leave?
Employees in New Mexico can use accrued paid sick leave for various purposes, including:
- Personal Health: To recover from illness, injury, or a medical condition, or for preventive care such as doctor visits or vaccinations.
- Family Care: To care for a family member who is ill, injured, or attending medical appointments.
- Public Health Emergencies: If the employee or a family member is affected by a public health emergency, such as quarantine or isolation orders.
- Domestic Violence or Abuse: To obtain medical or mental health care, counseling, relocation, or legal assistance related to domestic violence, sexual assault, or stalking.
Covered family members include:
- Children (biological, adopted, foster, or stepchildren).
- Spouses or domestic partners.
- Parents, grandparents, siblings, and any other individual whose close association is the equivalent of a family relationship.
Employer Obligations Under the HWA
Employers in New Mexico are required to:
1. Inform Employees: Notify employees of their rights under the HWA by providing written or electronic notice and displaying workplace posters.
2. Track Sick Leave: Maintain accurate records of hours worked, accrued sick leave, and leave used for at least four years.
3. Pay Sick Leave: Compensate sick leave at the employee’s regular hourly wage.
Employers who fail to comply with the law may face penalties, including fines and restitution to affected employees.
Carryover and Payout of Sick Leave
Carryover Rules
Unused paid sick leave can carry over to the following year. However, employers can limit the amount of leave an employee can use annually to 64 hours.
Payout at Termination
Employers are not required to pay out unused sick leave when an employee leaves the company unless the employer’s policy explicitly provides for it.
Can Sick Leave Be Used for COVID-19?
Yes. Employees can use accrued sick leave for COVID-19-related reasons, such as:
- Testing, recovery, or treatment.
- Quarantine or isolation orders.
- Caring for a family member affected by COVID-19.
Exemptions to the Healthy Workplaces Act
While the HWA covers most employees in New Mexico, there are some exceptions:
- Federal Employees: Workers employed by the federal government are not covered.
- Independent Contractors: Contractors are not considered employees and are therefore ineligible for paid sick leave under the HWA.
FAQs About Paid Sick Leave in New Mexico
Q: Can an employer require documentation for sick leave?
A: Employers may request documentation if an employee takes more than two consecutive workdays of sick leave. However, the documentation requirement must not create an unreasonable burden.
Q: Are part-time and temporary employees eligible for paid sick leave?
A: Yes, part-time and temporary employees accrue paid sick leave at the same rate as full-time employees.
Q: What happens if my employer doesn’t comply with the law?
A: Employees can file complaints with the New Mexico Department of Workforce Solutions, which enforces compliance with the Healthy Workplaces Act.
Common Misconceptions About Sick Leave in New Mexico
- “Only full-time employees are eligible for sick leave.”
False. The HWA covers all employees, including part-time and temporary workers.
- “Sick leave doesn’t cover mental health issues.”
False. Sick leave can be used for mental health-related reasons, including therapy or counseling.
- “Unused sick leave is lost at the end of the year.”
Not entirely. Unused sick leave carries over to the next year, though annual usage may be capped at 64 hours.
Why Paid Sick Leave Matters
The Healthy Workplaces Act reflects New Mexico's commitment to worker rights and public health. For employees, paid sick leave provides financial security and the ability to care for themselves and their loved ones. For employers, it fosters a healthier, more productive workforce and helps reduce turnover.
Final Thoughts
New Mexico’s Healthy Workplaces Act ensures that employees across the state have access to paid sick leave for personal and family health needs. Both employees and employers should familiarize themselves with the law to ensure compliance and maximize its benefits.
If you have questions or need additional information, visit the New Mexico Department of Workforce Solutions for resources and guidance.
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