New Mexico Leave of Absence (FMLA) laws & HR compliance analysis

New Mexico Leave of Absence (FMLA): What you need to know

In addition to the federal Family and Medical Leave Act (FMLA), some states have their own comprehensive family leave laws that may also require employers to grant employees time off for the birth or adoption of a child or to care for a family member with a serious illness.
However, New Mexico does not have such a law.
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Public employers. New Mexico law states that public employees are entitled to take leave in accordance with the federal FMLA. The provisions of the law are virtually the same. Some notable differences:
• Employees are eligible for leave if they have worked in the classified service for at least 12 months (not necessarily consecutively) and have worked at least 1,250 hours in the 12 months immediately preceding the start of the leave.
• Employees may elect, or may be required, to substitute any of the employee's accrued annual leave, accrued sick leave, or donated leave for any part of FMLA leave. Compensatory time does not count toward the 12 weeks allowed by the FMLA.
• No part of FMLA leave is considered a break in employment, and it will not change the employee's anniversary date.
Public employees do not accrue annual and sick leave while on FMLA leave.
Maternity, pregnancy, and parental leave. Detailed information on leave and other employment matters related to maternity and pregnancy is available on the Maternity and Pregnancy topical analysis.
Sick leave. Detailed information on state and local sick leave requirements is available on the Sick Leave topical analysis.
Leave for Bone Marrow and Organ Donation—State Employees. State law allows employees of ...

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