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.
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.
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:
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:
Employees in New Mexico can use accrued paid sick leave for various purposes, including:
Covered family members include:
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 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.
Yes. Employees can use accrued sick leave for COVID-19-related reasons, such as:
While the HWA covers most employees in New Mexico, there are some exceptions:
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.
False. The HWA covers all employees, including part-time and temporary workers.
False. Sick leave can be used for mental health-related reasons, including therapy or counseling.
Not entirely. Unused sick leave carries over to the next year, though annual usage may be capped at 64 hours.
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.
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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