New Mexico: New Statewide Paid Sick and Safe Time Law

House Bill 20, also known as the Healthy Workplaces Act, will require employers to provide paid time off for sick and safe time (PSST) purposes starting July 1, 2022. A summary of key provisions of the act are listed below.

1. Eligibility:
   1. Employers: All private employers.
   2. Employees: All employees except those subject to Title II of the federal Railway Labor Act or Railroad Unemployment Insurance Act.
2. Leave Amount:
   1. Accrual: PSST accrues at a minimum rate of one hour per 30 hours worked, up to 64 hours per year.
   2. Frontload: Employers may provide employees the full grant of 64 hours on January 1 of each year, or a pro-rated amount for employees whose employment begins after January 1^st of the year.
3. Carry Over: Accrued, unused sick leave carries over to the following year. Notably, the new law does not specify a maximum cap other than the annual usage limitation.
4. Usage:
   1. Increments: Leave may be taken in hourly increments, or the smallest increment of time the employer’s payroll system uses for absences or other time banks, whichever is smaller.
   2. Purpose of leave: Employers may limit usage to 64 hours per twelve-month period. Employees may use sick leave for their own mental or physical illness, preventative or ongoing care, to care for family members, or for absences related to obtaining treatment, counseling, obtaining other services or participation in legal proceedings related to domestic abuse, sexual assault, or stalking.
5. Employee Notice: Employees should provide notice as soon as practicable for foreseeable leave. Employers may not request documentation unless sick leave has been used for two or more consecutive workdays.
6. Payout: Employees are not entitled to payout of accrued, unused sick leave upon termination.
7. Reinstatement: Employees who are transferred to another division, entity, or location of the same employer are entitled to all accrued, unused sick leave earned at the prior worksite. If an employee is separated from employment and rehired within 12 months, previously accrued and unused sick leave must be reinstated and must be available for use immediately about rehire.
8. Notices & Posting:
   1. Time of hire notice: Employers must provide written notice containing information on sick leave at time of hire in English, Spanish, or any primary language spoken by at least 10% of the employer’s workforce.
   2. Workplace posting: Employers must display a poster containing information about paid sick leave. The state will provide model employer notices and posters.

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