New Mexico: Regulations for Paid Sick Leave

New Mexico recently enacted the Healthy Workplaces Act and accompanying regulations which became effective on July 1, 2022.  The Act requires employers to provide a minimum of 1 hour of sick leave per 30 hours of work.  Sick leave may be accrued on a per pay period basis or front loaded at the discretion of the employer. 

The Act also requires employers:

  • To allow employees to carry over up to 64 hours of sick leave from one year to the next.
  • To provide a notice to employees of the status of their sick leave accrual at least quarterly. Inclusion on regular pay stubs or payroll records satisfies this requirement.
  • To allow employees up to 14 days to substantiate sick leave in excess of two consecutive days if the employer requires substantiation.
  • To display a poster explaining employee rights under the Act.

The regulations provide provisions for handling sick leave accruals and pay for exempt employees, piece work employees, and employees who have tips included in their wage calculations.