New Mexico Sick Leave Law: Know About the Healthy Workplaces Act

What happens when your employee gets sick? If you’re a New Mexico employer, you need to know about the Healthy Workplaces Act. Saddle up to make sure you are in compliance with this New Mexico sick leave law.

When someone is sick, work can be far from their mind. But calling off work might not be an option for some if it means missing out on their wages. As a solution, many employers provide paid sick leave voluntarily or due to their state’s paid sick leave law.

Paid sick leave lets employees receive their normal wages and benefits (e.g., health care) when they take sick time. The employee’s job is protected while using paid sick leave.  

What is the New Mexico sick leave law?

The New Mexico Sick Leave law is called the Healthy Workplaces Act. This law took effect on July 1, 2022. 

The Healthy Workplaces Act requires all private employers of New Mexico to accrue and use a paid benefit called earned sick leave. 

So, how exactly does paid sick leave pay out in this Southwestern state? We’ve rounded up some details and common questions on this New Mexico sick leave law. We can even help you get organized and stay on track with sick leave compliance. 

How many sick days do employers need to provide? 

Employees accrue one hour of earned sick leave for every 30 hours worked as soon as their first day of work.

• Your employees may use up to 64 hours of earned sick leave per twelve month period. Employers may choose when the 12-month period begins.
• Employees can roll over unused sick leave from one year to the next, but the total amount rolled over cannot exceed 64 hours. 

If your business offers a more generous paid-time-off policy than the minimum accrual and usage, you are in compliance with the Act and do not need to change anything. 

What do employers need to do?

Your responsibilities in communicating sick leave policies: 

• Ensure that employees understand how to request sick leave, how much sick leave can be used, and the situations that qualify for sick leave. 
• Provide the New Mexico Notice of Employee Rights to employees in English, Spanish, and any language spoken by 10% or more of workers. Provide the poster to new hires and remote workers. 

Is there a New Mexico sick leave poster?

Unlike labor law posters, you do not have to display a New Mexico paid sick leave poster in your workplace. 

However, you must provide your employees with a written or electronic notice of employee rights at the start of employment. 

When can employees use sick leave? 

Under the Healthy Workplaces Act, employees can begin using sick leave as soon as they have accrued enough hours. 

Employees can use their accrued sick leave time for the following reasons: 

• Employee’s treatment or diagnosis of illness, injury, or health condition, or preventative medical care
• Care of employee’s family members* for treatment or diagnosis of illness, injury,or health condition, or preventative medical care
• Meetings related to employee’s child’s health or disability
• Absence necessary because of and related to domestic abuse or stalking.

*Who is included as a “family member?” The following individuals are recognized under the Act: 

Employees do not need to schedule sick leave in advance, except under foreseeable circumstances. 

Employers cannot mandate employees to use their paid sick leave when absent for a permissible purpose. Paid sick leave is only for use upon the employee’s written or verbal request. 

Keep in mind that an employee’s use of sick time is personal and to their discretion. Retaliation toward employees for using sick time is strictly prohibited. An employer may request supporting documentation if an employee is absent for two or more consecutive days. Any documentation should be considered as personal and confidential information. 

Who is exempt from the NM sick leave law?

While all private employers in New Mexico are responsible for following the Healthy Workplaces Act, there can be an exception for employees performing services exclusively on tribal land. 

Individuals who work on tribal land are not covered by the Act. If federal law has specified an immunity from state law for the business or employee, then coverage can be determined on an individual basis. 

Do you need to track sick pay in New Mexico?

Yes! Keeping track of your employees’ sick pay and sick hours is essential for several reasons: 

• To serve as official documentation for any type of lawsuit or legal dispute 
• If an employee is rehired within a 12 month period, their sick pay earned during previous employment will still be valid 
• It is generally required that employers retain records of their employees’ sick time for four years. 

How Patriot Software can help your small business

Want to streamline the way you track sick pay in New Mexico?  

Seamlessly and effectively streamline this process with Patriot’s payroll by: 

• Setting up accrual rules to automatically accrue time off for employees (e.g., one hour of paid sick time for every 30 hours worked)
• Tracking employee paid sick leave balances
• Giving employees an easy way to track their paid sick leave balances
• Paying employees for paid sick leave

New Mexico sick leave: Key points to lasso to memory

• The New Mexico sick leave law is called the Healthy Workplaces Act. 
• All private employers of New Mexico are required to let employees accrue and use a paid benefit called earned sick leave.
• Sick leave accrual begins as soon as an employee starts working for you. 
• Employees may use up to 64 hours of sick leave per year. 
• Use of paid sick leave is up to the employee’s discretion. 
• You must track and keep an employee’s accrued and used hours in your records for four years. 
• Patriot Software can offer invaluable tools to make sure you are in compliance, such as tracking time accrued and used, and maintaining records. 

For further information on the New Mexico sick leave law, please check out the state’s website.

This is not intended as legal advice; for more information, please click here.