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After much anticipation, New Mexico Senate Bill 3, otherwise known as the Paid Family and Medical Leave Act, was officially rejected by the state House on a 34-36 vote.  

The Act was set to provide New Mexico employees with up to 12 weeks of paid time off for qualifying reasons. These qualifying reasons would have included welcoming a new child, caring for a family member with a serious health concern, and managing one’s own serious medical condition. 

The New Mexico Department of Workforce Solutions would have administered a Paid Family and Medical Leave Trust Fund that employers and employees would have paid into. Employees approved for leave would have received payments directly from the Trust Fund.  

For those of you who also operate in Colorado, the program may sound similar to Colorado’s Family and Medical Leave Insurance Program (FAMLI). Like Colorado’s FAMLI, New Mexico’s plan would have allowed employers to apply for a waiver to exempt the employer and its employees from participating in the program if the employer secured a private plan or provided greater benefits. Unlike Colorado’s FAMLI, there was no opt-out option for New Mexico public employers.  

Despite SB 3 not passing this year, employers should be aware that this is likely not the last they will hear about the Paid Family and Medical Leave Act. In fact, lawmakers have considered it for the past two years, and this year, it passed the state Senate. Considering the close vote in the House, we will likely see it come up again.  

Employers Council will continue to monitor pending legislation in New Mexico and keep you updated. If you have any questions, please contact us.