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Mandatory Paid Time Off in Bernalillo County, New Mexico Ordinance
The Bernalillo County, New Mexico Commissioners passed the “Employee Wellness Act,” which, though formerly styled as a paid sick leave law, as amended requires covered employers to provide paid time off (PTO) that employees can use for any reason. This law was passed on August 20, 2019.
Covered Employers and Employees
The ordinance applies to employers that must apply for a county business registration with at least two employees and a physical premise in the county’s unincorporated limits. Additionally, a new local business with its principal office or place of business in the county’s unincorporated limits is exempt for the first 12 months of operation.
Effective Date
The enacted amendments generally change the law’s effective date from July 1, 2020, to January 1, 2020. However, this change did not revise the law’s operative date, i.e., when employers must provide, or allow employees to accrue, leave. The enactment date remains July 1, 2020.
Accrual of Paid Time Off & Carry Over
Transfer of Employee
If an employee is transferred but remains employed by the same employer, or if a successor employer replaces the original employer, or if an employee separates from employment but is rehired by the same employer within 12 months, the employer shall reinstate all previously accrued and unused earned paid time off to the employee, up to a maximum of 56 hours unless the employer chooses to provide more, or unless the employer previously chose to pay out the earned paid time off upon transfer or separation.
Use of Earned Paid Time Off (EPTO)
Employers must permit employees to use paid time off accrued for any reason. There is no cap on the number of hours an employee may use in a year.
Notice, Posting, and Recordkeeping
When employment begins, employers must provide notice to each employee of the following:
Employers may comply with this notice requirement by conspicuously displaying a poster at their place of business with the required information in both English and Spanish, though the county may establish additional requirements.
Employers with operations in the county’s unincorporated areas should monitor the county’s website for updates.