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Summary of differences between federal and state regulations
The federal Fair Labor Standards Act does not require payment for time not worked, nor does it regulate vacation pay, holiday pay, or other paid time off. These types of benefits are 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.
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.
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.
Paid time off (PTO)
New Mexico law does not require vacation pay. However, if an employer chooses to provide paid time off benefits, it must follow the terms and conditions established in its policy.
Paid sick leave
In April 2021, the governor signed legislation to implement a new paid sick leave law. The Healthy Workplaces Act (HB 20), which goes into effect July 1, 2022, requires that employees accrue at least one hour of paid sick leave for every 30 hours worked, though employers may choose to provide more.
The reasons an employee may use sick leave are broadly defined, as well as who is considered a family member. Employers may require reasonable documentation that sick leave has been used for a covered purpose if the employee uses two or more consecutive workdays of sick leave.
Upon hire, an employer must give written or electronic notice to an employee, including:
- the employee’s right to earned sick leave;
- the manner in which sick leave is accrued and calculated;
- the terms of using earned sick leave;
- that retaliation against employees for using sick leave is prohibited;
- the employee’s right to file a complaint.
Employers will need to display a sick leave poster in a conspicuous and accessible place in each establishment where employees are working. The poster should be in English, Spanish, and any language that is the first language spoken by at least ten percent of the employer’s workforce.
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.
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.
State
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Federal
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