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."

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.”

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:
   a. mental or physical illness, injury or health condition;
   b. medical diagnosis, care or treatment of a mental or physical illness, injury or health condition; or
   c. preventive medical care;
2. for care of family members of the employee for:
   a. mental or physical illness, injury or health condition;
   b. medical diagnosis, care or treatment of a mental or physical illness, injury or health condition; or
   c. 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.

• https://www.dws.state.nm.us/NMPaidSickLeave
• NM Dept. of Workforce Solutions - A Guide to New Mexico’s Paid Sick Leave Law
• NM Dept. of Workforce Solutions - Business Policy Compliance Checklist for Healthy Workplaces Act