New Mexico Maternity and Pregnancy laws & HR 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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On March 6, 2020, New Mexico Governor Michelle Lujan Grisham signed House Bill 25 into law, amending the New Mexico Human Rights Act. The amendment adds protections for pregnant workers, including the right to a reasonable accommodation.
Effective May 20, 2020, the law requires employers to make reasonable accommodations for employees and/or job applicants with a need arising from pregnancy, childbirth, or a condition related to pregnancy or childbirth. Reasonable accommodations include, but are not limited to, requests for a stool, extra bathroom breaks, or time to make prenatal visits.
The law does not specifically mandate a leave of absence but does indicate that a change to a work schedule may be required, which could include intermittent or reduced schedule leave. Additionally, while leave may be agreed upon by the parties, an employer cannot require an employee to take paid or unpaid leave if another reasonable accommodation can be provided.
New Mexico does not have a statute requiring employers to give time off ...

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