New Mexico bill would mandate provision of sick leave
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New Mexico lawmakers have proposed the creation of a Healthy Workplaces Act that would require employers to provide a minimum amount of earned sick leave, including leave to care for family members.
H.B. 20 would require employers to provide a minimum of one hour of earned sick leave for every 30 hours worked by an employee, not to exceed 40 hours of earned sick leave in a 12-month period for employers with 10 or fewer workers, and not to exceed 64 hours of earned leave in a year for employers with more than 10 employees, unless the employer authorizes a higher limit.
The measure would apply to full-time, part-time and temporary workers, with leave accrual commencing upon the first day of the employee’s work. Employees would be eligible to use accrued leave on the 30th calendar day following the start of their employment.
Under the bill, employers could not require workers to find a replacement to cover their hours or require an employee to use other leave before using sick leave under the Healthy Workplaces Act. However, the employer would have the right to ask the worker for documentation about the leave, but could not delay sick leave until the employer has received such documentation.
If signed into law, the act would take effect July 1, 2021.
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