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Summary of difference between federal and state regulations
The Fair Labor Standards Act does not require payment for time not worked. This type of benefit is generally a matter of agreement between an employer and an employee (or the employee’s representative). Employers, however, do need to comply with applicable state laws.
Jury duty
New Mexico law doesn’t require private employers to pay employees for jury duty.
New Mexico law requires state employees to be paid for jury duty, minus any deduction for payment made by the court for jury duty.
Voting
New Mexico law allows employees two hours off to vote. Pay deductions are not allowed. This time off for voting doesn’t apply if the polls are open two hours before the employee starts work or three hours after the employee ends work. The employer can specify the hours taken off.
Victims
The law applies to all employers.
Employee eligibility
There are no employee eligibility criteria.
Leave entitlement
Employees may take leave for up to 14 days per year taken for up to eight hours each day for the following reasons in relation to the domestic abuse of an employee or an employee's family member:
- To obtain an order of protection or other judicial relief from domestic abuse,
- To meet with law enforcement officials,
- To consult with attorneys or victim advocates, or
- To attend court proceedings.
Family members are minor children of the employee or a person for whom the employee is a legal guardian.
This leave is in addition to that which is provided by the federal FMLA.
Maintenance of health benefits
The law contains no provisions for maintenance of health benefits.
Pay while on leave
Employees may use accrued paid time off consistent with employer policies.
Notice
Employees are to give notice of the need for leave within 24 hours of the beginning of leave.
Employers may require verification of the need for leave. Such verification may be provided through the following forms:
- Police report,
- Copy of an order of protection or other court evidence, or
- Written statement of an attorney representing the employee, a victim's advocate, law enforcement official, or a prosecuting attorney.
Employee information regarding the domestic abuse must be kept confidential.
Emergency responders
Employees who voluntarily respond to an emergency or disaster in support of a fire department, emergency medical service, search and rescue team, or a law enforcement agency have job protections. Such employees are entitled to be absent for up to 10 business days per calendar year from work to respond.
Employees are to make reasonable efforts to notify the employer of the response and continue to make such notification over the course of the absence.
Employers may request that an employee provide written verification from the emergency agency regarding the dates and time the employee served as a responder.
Employers may charge the absence against the employee’s regular pay time.
State
Contacts
Jury duty
Voting
Promoting Financial Independence for Victims of Domestic Abuse Act
Workforce Solutions Department
Regulations
Jury duty
New Mexico Statutes, §38-5-18
Administrative Code Title 1 §7.7.14
Voting
New Mexico Statutes, §1-12-42
Promoting Financial Independence for Victims of Domestic Abuse Act
Volunteer emergency responders
Federal
Contacts
None.
Statutes/Regulations
None.