Beginning July 1, 2022, New Mexico’s new Healthy Workplaces Act (HWA) requires employees to have 64 hours of sick leave annually. The law, which is similar to Colorado’s Healthy Families and Workplaces Act, allows employers to either have employees accrue leave at a rate of at least 1 hour for every 30 hours worked up to 64 hours or frontload the 64 hours. Employees must be allowed to use their paid leave as it accrues.
The HWA covers all private employers and employees, except employees subject to either Title II (air carriers) of the federal Railway Labor Act (RLA) or the federal Railroad Unemployment Insurance Act (RUIA).
Employers with New Mexico employees should review their sick leave policy for compliance to prepare for the change. Employers Council staff are also available to assist with this review. For employers starting from scratch, Employers Council has a sample sick leave policy, available here.
Employers should consider rolling the policy out ahead of July 1 to allow employees to ask questions and become comfortable with the new requirements. For any additional questions, reach out to Employers Council for assistance.
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