Ready or not, NM paid sick leave law set to take effect
The Healthy Workplaces Act applies to all private businesses
SANTA FE — After years of debate and dire predictions, a New Mexico law mandating employers provide paid sick leave for their workers is finally set to take effect this week.
The new law, technically known as the Healthy Workplaces Act, will make New Mexico one of 16 states that require businesses to allow their workers to take paid time off to deal with illness or injury — for themselves or family members.
The act mandates all private businesses — large or small — provide paid sick leave for all employees, whether part-time, full-time or seasonal employees. Employees will earn one hour of sick leave for every 30 hours worked, or up to eight days annually for full-time employees.
The impact on small businesses has been the subject of back-and-forth testimony in recent years, especially amid the COVID-19 pandemic, but backers say the new law will lead to increased employee retention.
Rep. Christine Chandler, D-Los Alamos, one of the sponsors of the 2021 bill set to be implemented July 1, predicted the paid sick leave law could also have a dramatic impact on the lives of workers around New Mexico.
“It’s a real game-changer for workers in the state,” Chandler said.
While she said the law could lead to some higher costs being passed on to consumers, she said it would make the state healthier by allowing sick workers to remain home and not risk losing their paychecks — or their jobs.
“We learned a lot during the pandemic, including the fact that workers who are sick need to stay home,” Chandler told the Journal.
But some members of New Mexico’s business community
independent contractors as a way to get around the law. Q: Does the new law also apply to state and local government employers? A: No. The law only applies to private employers. An amendment in the bill that would have expanded it to include New Mexico state and local governments was stripped out on the Senate floor before the bill won final approval. Q: When do I start earning paid sick time? A: Paid sick leave begins to accrue immediately starting July 1, or whenever after that date an employee begins a job. Employees accrue one hour of paid sick leave for every 30 hours worked. Q: Under what circumstances can employees take paid sick leave they have accrued? A: The allowable situations for paid sick leave include mental or physical injury or illness, medical treatment and preventive medical care. The law also allows employees to take paid time off for family members with one of those afflictions. It also covers work absences connected directly to responding to situations of domestic abuse and sexual assault. Q: Does unused paid sick leave roll over into the next year? A: Yes, it can carry over from year to year. But employers are not required to permit an employee to take more than 64 hours of paid leave in a given year. Q: Does paid sick leave have to be paid at an employee’s usual salary rate? A: Yes. They should be compensated at the same hourly rate, including benefits, they usually make. Tipped employees, like servers, must be paid the full state or local minimum wage, whichever is higher. Q: How can employees file complaints? A: Employees can file complaints with the state Department of Workforce Solutions within three years of an alleged violation of the Act. A form for filing complaints electronically can be found at www.dws. state.nm.us/NMPaidSickLeave. Q: Can an employer require an employee who is taking paid sick leave to find a replacement? A: No. It is up to the employer to find a replacement for the employee who is using his or her paid sick leave. Q: Can an employer force an employee to use other leave before using paid sick leave? A: No. That is not allowed. Q: Can employers provide paid time off (PTO) instead of sick leave? A: The act says an employer can offer a more generous paid time off policy, but it must allow employees to at least as much time off as they would have accrued under the law. The PTO policy must allow employees to use the paid time off for all of the reasons covered by the act and under the same terms and conditions. Q: Can an employer require notice for paid sick leave? A: No. But an employee should give a written or oral notice as soon as possible before taking paid sick leave. Q: Can an employer require a note from a doctor for consecutive days off by an employee who is using their paid sick leave? A: Documentation isn’t required for two consecutive days of paid sick leave, but an employer can require it for additional days. Documentation can mean a note signed by a health care professional. In the case of domestic violence or assault, it can include a police report, a courtissued document or a signed statement from a victim services organization, a clergy member, an attorney, an advocate, the employee or a family member of the employee. Q: What record keeping is required of employers? A: An employer should keep a 48-month record of employees’ worked hours and earned sick leave taken by employees. Q: If a temporary employee comes to work a couple weeks, leaves, and then comes back the next year — does that work count for accruing time for sick leave or does the clock start ticking again each year? A: If an employee separates from their employment, and that employee is rehired within 12 months, the accrued leave will be reinstated and is available for immediate use. Q: Do employers need to let employees know about paid sick leave that is — or will be — available to them? A: Yes. Businesses must, at the beginning of employment, give written or electronic notice of an employee’s right to paid sick leave, let them know how it is accrued and calculated and let them know the terms of the Healthy Workplaces Act. Businesses must also display a poster that contains all of that information in a “conspicuous and accessible place” in the place of work. And the poster that is displayed should be in English, Spanish and any language that is the first language spoken by at least 10% of employees of the business.