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New Mexico Maternity and Pregnancy: What you need to know

The New Mexico Human Rights Act prohibits employment practices that discriminate on the basis of sex (NM Stat. Sec. 28-1-1et seq.). Under the state Human Rights Act, employers must treat pregnancy and related conditions the same for all employment-related purposes, including receipt of employee benefits (9 NM Admin. Code Sec. 1.1.7 MM (2)). This means that employers must treat pregnancy-related conditions the same as they treat other types of temporary disabilities for all employment-related purposes, including leave and other benefits. The Act covers all private employers with four or more employees, as well as labor organizations and employment agencies.
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New Mexico does not have a statute requiring employers to give time off for pregnancy. Under the state Human Rights Act, employers must treat pregnancy and related conditions the same for all employment-related purposes, including receipt of employee benefits (9 NM Admin. Code Sec. 1.1.7 MM (2)). This includes the commencement and duration of a leave of absence, the availability of extensions, the accrual of seniority and other benefits while on leave, and job reinstatement.
New Mexico does not have a law for private employers that requires them to grant male and female employees time off for the birth or adoption of a child. However, employers with 50 or more employees are covered by the federal Family and Medical Leave Act. .
State law mandates that a mother may breastfeed her child in any location, public or private, where the mother is otherwise authorized to be present. Although the state law doesn't specifically mention employers, it can be construed to include places of employment, given the ...

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Claim Your Free Copy of Top 100 FLSA Overtime Q&As

We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave


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