New Mexico Maternity and Pregnancy laws & compensation compliance analysis

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.).
The Act covers all private employers with four or more employees, as well as labor organizations and employment agencies.
Under the 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 employment-related purposes, including leave and other benefits.
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New Mexico does not have a statute requiring employers to give time off for pregnancy; however, 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.
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 this law doesn't specifically mention employers, it can be construed to include places of employment, given the expansive nature of the law’s language.
In order to accommodate breastfeeding, employers may wish to set aside a quiet, private area and/or establish protocol or policies for employees, applicants, and other visitors who wish to breastfeed (NM Stat. Sec. 28-20-1).
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New Mexico Maternity and Pregnancy Resources

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White Papers Pregnancy Discrimination Complaints Growing Significantly
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