New Mexico Sick Leave laws & HR compliance analysis

New Mexico Sick Leave: What you need to know

Currently, there is no state law requiring private sector employers to provide employees with paid or unpaid sick leave. It is important to remember, however, that if sick leave is promised, an employer may create a legal obligation to grant it. Employers should regularly review statements made in handbooks or elsewhere to ensure that they accurately reflect current policies. If changes are necessary, the policy should be revised and employees notified of the changes.
Note that beginning on January 1, 2022, the Healthy Workplaces Act (HWA) will require private employers in New Mexico with at least one employee to provide paid sick leave to their employees.
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On April 7, 2021, New Mexico Governor Michelle Lujan Grisham signed House Bill 20, enacting the Healthy Workplaces Act (HWA), which will require private employers in New Mexico with at least one employee to provide paid sick leave to employees. Effective July 1, 2022, the HWA will allow employees up to 64 hours of paid sick leave each year.
Definition of “employer,” “employee,” and “family member”
The HWA broadly defines "employers" as individuals, partnerships, associations, corporations, business trusts, legal representatives, or any organized groups of persons employing at least one employee at any time, and they must provide paid sick leave to all employees, which includes full-time, part-time, seasonal, and temporary employees.
Also under the HWA, “family member” is defined as an employee’s spouse or domestic partner or a person related to an employee or an employee’s spouse or domestic partner such as a child (a biological, a foster, a step, or an adoptive parent or legal guardian when the parent stands or stood in loco ...

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