The New Mexico Healthy Workplaces Act (HWA) is a Bill that was signed into law in April 2021 that requires private employers in New Mexico with at least one employee to provide paid sick leave to employees. It goes into effect on July 1, 2022.

Overview of the HWA

The law requires that employers provide employees working in the state – including part-time, seasonal or temporary workers — at least one hour of earned sick leave for every 30 hours worked, up to a maximum of 64 leave hours per year.

According to the bill, the new law will “ensure that all employees in New Mexico can address their own health and safety needs and the health and safety needs of their families by requiring employers to provide a minimum amount of earned sick leave, including leave for the care of family members.”

Definitions

It’s important to understand definitions that are outlined by the HWA. For instance, it is critical to understand that the law spells out how employees can use Sick Leave (for themselves or family member) so be sure to understand how your sick leave policies might define “employee” and/or “family member.”

“Employee” is defined as “an individual employed by an employer for remuneration, including an individual employed on a part-time, seasonal or temporary basis.”

“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 as:

1. 1. a biological, adopted or foster child, a stepchild or legal ward, or a child to whom the employee stands in loco parentis;
   2. a biological, foster, step or adoptive parent or legal guardian, or a person who stood in loco parentis when the employee was a minor child;
   3. a grandparent;
   4. a grandchild;
   5. a biological, foster, step or adopted sibling;
   6. a spouse or domestic partner of a family member; or
   7. an individual whose close association with the employee or the employee’s spouse or domestic partner is the equivalent of a family relationship”

“Domestic partner” is defined in the law as “an individual with whom another individual maintains a household and a mutual committed relationship without a legally recognized marriage.”

Sick Leave Accrual

The law states: “Employees shall accrue a minimum of one hour of earned sick leave for every thirty hours worked; provided that employers may choose a higher accrual rate; and provided further that an employer may instead elect to grant employees the full sixty-four hours of earned sick leave for the upcoming year on January 1 of each year or, for employees whose employment begins after January 1 of a given year, a pro rata portion of the sixty-four hours for use in the remainder of that year. Such employees shall not be entitled to use more than sixty-four hours of earned sick leave per twelve-month period, unless the employer selects a higher limit.”

What Sick Leave Can Be Used For

The law provides some specifics on how the Sick Leave can be used:

1. “An employee may use earned sick leave: for the employee’s:
   1. mental or physical illness, injury or health condition;
   2. medical diagnosis, care or treatment of a mental or physical illness, injury or health condition; or
   3. preventive medical care;
2. for care of family members of the employee for:
   1. mental or physical illness, injury or health condition;
   2. medical diagnosis, care or treatment of a mental or physical illness, injury or health condition; or
   3. preventive medical care;
3. for meetings at the employee’s child’s school or place of care related to the child’s health or disability…”

The HWA also spells out how Sick Leave must be granted (advance notice is not absolutely required) and the employee is not required, as a condition of an employee’s taking earned sick leave, to find a replacement worker to cover the hours during which the employee is using earned sick leave. In addition, the HWA outlines how employers must handle Documentation of the Sick Leave request, the record-keeping required and how to handle when an employee quits, transfers or is let go from employment.

Many employers still have several questions about the HWA and we will continue to provide information and guidance as it is developed by the Department of Workforce Solutions. Family Friendly NM is developing an HWA Guide to help employers start to examine their workplace policies to ensure that they comply with the HWA that will go into effect on July 1, 2022. Sign up for our email newsletter to learn about future updates.

Julianna Silva, COO of Family Friendly NM, is a native New Mexican committed to helping New Mexicans realize economic vitality through her work to support both small business ownership and policies that enable families to thrive. A graduate of the UNM Anderson School of Management, she forged her path in entrepreneurship from her own consulting practice, co-ownership of a family business and by leading key initiatives at WESST. As Chief Operating Officer at Family Friendly New Mexico, Julianna collaborates with the CEO and staff to develop and implement operational infrastructure designed to achieve the FFNM mission to support businesses, their employees and families to thrive.