Last updated on: December 22nd, 2022
Hours & Pay Regulations
Annual Leaves are unpaid leave based on the agreement between employer and employee (FSLA).
Employers must allow eligible employees to take leave if they are called to serve on active duty in the U.S. armed forces, National Guard, or Organized Reserves. Employers must reinstate certain employees returning from military leave to their position or a similar position unless employers’ circumstances have changed in ways that make reinstatement impossible or unreasonable.
A member of the United States Armed Forces, National Guard or organized reserve who serves on active duty and is honorably discharged or released from duty must be reinstated to his or her original position (or to a position of like seniority, status and pay). The member must apply for reemployment within 90 days after being relieved from service or hospitalization (unless hospitalization after discharge lasted more than one year).
Upon reemployment, the military member may not lose seniority and is entitled to participate in insurance or other benefits offered by the employer. Returning military members may not be discharged without cause within one year after reemployment.
New Mexico requires employers to allow employees to take unpaid leave to serve as jurors. Employers cannot discharge employees because they take jury duty leave.
Employers must allow employees to take two hours of leave to vote while the polls are open on election day unless their workday begins more than two hours after the polls open or ends more than three hours before the polls close. Employers can’t discharge or threaten to discharge employees based on their political opinions or beliefs or their voting intentions.
An employer shall grant an employee domestic abuse leave of 14 days without pay without interfering with, restraining, or denying the exercise of rights under the Promoting Financial Independence for Victims of Domestic Abuse Act or attempting to do so.
New Mexico requires that employees who are volunteer firefighters, emergency medical responders, part of a search and rescue team, or law enforcement agency not be terminated for being absent from work when responding to a fire, medical, or other emergency calls.
The New Mexico Human Rights Act covers employers with four or more employees, and, among other things, prohibits discrimination on the basis of sex (which includes pregnancy, childbirth, or related medical conditions). Covered employers must treat women affected by a pregnancy, childbirth, or related medical conditions the same as other persons who are temporarily disabled for all employment-related purposes, including the receipt of benefits under fringe benefit programs. Employers with 50 or more employees are also subject to the federal Family and Medical Leave Act (FMLA), which provides eligible employees up to 12 weeks of unpaid leave in a 12- month period due to childbirth.
Effective as of June 14, 2019, the Caregiver Leave Act will require employers providing sick leave to allow an eligible employee to use accrued sick leave to care for certain family members (including spouses, domestic partners, or certain other specific family members by blood, marriage, or legal adoption) on the same terms and procedures as the employer allows employees to use accrued sick leave for the eligible employee (2019 N.M. Laws Ch. 177, §§ 1-4).
State employees are allowed 20 days of paid leave for organ donation, after using their (or donated) leave. §24-28-3.