Leave policy guide

New Mexico

Complete guide to New Mexico leave laws including the Healthy Workplaces Act, paid sick leave, domestic violence leave, and FMLA.

0

Annual leave

11

Public holidays

state

Location type

2025-01-15

Reviewed

Legal framework

Primary legislation

Healthy Workplaces Act

Governing body

New Mexico Department of Workforce Solutions

Last updated

2025-01-01

Official source

Entitlements overview

Annual leave

Statutory entitlement: 0

Calculation: No state requirement for vacation.

Pro-rata: Per employer policy

Carryover: Per employer policy

Sick leave

Statutory: Yes

Paid days: 64

Statutory pay: 100% of regular rate

Eligibility: All employers regardless of size, 1 hour per 30 hours worked, Up to 64 hours per year, Can carry over up to 64 hours

Parental leave

Maternity: 12 weeks (FMLA)

Paternity: 12 weeks (FMLA)

Adoption: 12 weeks (FMLA)

Shared leave: 12 weeks combined

Additional leave and compliance

Other leave types

Domestic Violence Leave: 14 days per year (unpaid)

Jury Duty: As needed (unpaid)

Military Leave: Per USERRA (unpaid)

Voting Leave: 2 hours (paid)

Record keeping and notice

Records: 4 years for sick leave records

Penalties: Fines for Healthy Workplaces Act violations

Public holiday sample

New Year's Day: 2025-01-01

Martin Luther King Jr. Day: 2025-01-20

Presidents' Day: 2025-02-17

Memorial Day: 2025-05-26

Independence Day: 2025-07-04

Labor Day: 2025-09-01

Frequently asked questions

How much sick leave do New Mexico employees get?

Under the Healthy Workplaces Act, employees earn 1 hour of sick leave for every 30 hours worked, up to 64 hours per year.

Does New Mexico have paid family leave?

No, New Mexico does not have a state paid family leave program. Only federal FMLA provides unpaid leave.