Paid Time Off (PTO) in New Mexico
Leave Quota
Employers in New Mexico have the autonomy to determine the amount of PTO allocated to employees each year. Although there’s no state mandated minimum, many businesses provide a baseline of 10 to 15 days annually for full time employees, with the number increasing based on tenure or job role. For example:
- Entry Level Employees: May receive 10 days of PTO annually.
- Mid Level Employees: Typically receive between 15 to 20 days.
- Senior Level Employees: Could be entitled to 20+ days.
For part time employees, PTO is often prorated according to the number of hours worked weekly, maintaining fairness and proportionality.
Accrual
Accrual systems in New Mexico Leave Laws often work on an incremental basis, where employees earn PTO hours with each pay period. Common practices include:
- Monthly Accrual: Employees might accrue PTO at a rate of 8 hours per month, resulting in 96 hours (12 days) annually.
- Bi weekly Accrual: Employees may accumulate PTO at a rate of 4 hours per pay period, amounting to 104 hours (13 days) annually for those on a bi weekly payroll.
Some employers also use a front loaded system, where the full quota of PTO is available at the beginning of the year, rather than accruing it gradually. However, if an employee leaves before the end of the year, adjustments might be made to account for unearned time.
Rollover
While New Mexico Leave Laws doesn’t impose legal requirements for PTO rollover, employers frequently adopt policies that encourage the responsible use of leave:
- Limited Rollover: Some companies allow employees to carry over a limited number of hours (e.g., 40 to 80 hours) from one year to the next, encouraging them to take time off regularly.
- Use it or Lose it: In this policy, employees forfeit any unused PTO at the end of the calendar year, motivating them to utilize their time off within the designated period.
- Unlimited Rollover: Rare but existent, some companies permit all unused PTO to roll over without limits, benefiting employees with greater flexibility. However, this might also come with a cap on total accrual, limiting the maximum PTO balance an employee can have.
Payment of Accrued, Unused Vacation on Termination
The payment for accrued, unused PTO upon termination is an area where clarity in company policy is crucial:
- Company Policy Dictates: In New Mexico, if an employer’s policy states that accrued PTO is payable upon termination, it must be honored. If the policy is silent or explicitly denies payment, the employer is not legally obligated to pay.
- Final Paycheck: When employers choose to pay out unused PTO, it typically appears in the final paycheck. Some companies have a policy that the payout must occur within a specific number of days post termination (e.g., within 10 business days), in alignment with the company’s internal guidelines.
- Resignation vs. Involuntary Termination: Some companies differentiate between voluntary resignation and involuntary termination. Employees who leave on good terms may receive their full accrued PTO, while those terminated for cause might forfeit it, depending on the employer’s policy.
Sick Leave in New Mexico
Federal Laws
At the federal level, sick leave provisions are largely governed by the Family and Medical Leave Act (FMLA):
- Eligibility: FMLA allows eligible employees to take up to 12 weeks of unpaid leave per year for serious health conditions, caring for a family member with a serious illness, or bonding with a new child. Employees are eligible if they have worked for their employer for at least 12 months and clocked a minimum of 1,250 hours over the past year.
- Job Protection: While FMLA does not provide paid leave, it offers job protection, ensuring that employees can return to the same or an equivalent position after their leave period. It also maintains the employee’s health insurance coverage during the leave.
- Employer Coverage: FMLA applies to all public agencies and private employers with 50 or more employees within a 75 mile radius, ensuring that the majority of large and mid sized companies adhere to these guidelines.
State Laws
New Mexico Leave Laws has implemented its own laws to further enhance sick leave benefits for employees:
- Healthy Workplaces Act (HWA): The primary legislation governing sick leave in New Mexico is the Healthy Workplaces Act, which mandates that all private employers, regardless of size, provide paid sick leave to their employees. Here are the key provisions:
- Accrual Rate: Employees earn 1 hour of paid sick leave for every 30 hours worked, starting from the first day of employment. This translates to approximately 8 hours of paid sick leave for every 240 hours worked.
- Maximum Accrual: Employees can accrue up to 64 hours of paid sick leave per year. Employers have the flexibility to allow employees to accrue more than 64 hours, but they are only required to provide up to this cap annually.
- Usage: Employees can use their accrued paid sick leave for personal illness, caring for a sick family member, or addressing issues related to domestic violence, sexual assault, or stalking.
- Rollover: Unused sick leave can be carried over to the next year, but employers are not obligated to allow more than 64 hours of sick leave usage per year. This ensures that employees do not lose their earned leave but limits the number of hours that can be taken annually.
- Coverage: The Healthy Workplaces Act applies to all private sector employees, including full time, part time, and temporary workers, making it comprehensive in scope.
Maternity, Paternity, FMLA in New Mexico
Federal Laws
At the federal level, the Family and Medical Leave Act (FMLA) is the primary legislation governing maternity, paternity, and family leave:
- Eligibility: Eligible employees are entitled to 12 weeks of unpaid, job protected leave per year for the birth or adoption of a child, or to care for a newborn or newly adopted child. Employees are eligible if they have worked for their employer for at least 12 months and have logged a minimum of 1,250 hours in the past year.
- Job Protection: FMLA ensures that employees can return to the same or an equivalent job after their leave period. It also requires employers to maintain the employee’s health insurance coverage under the same terms as if they had continued working.
- Employer Coverage: FMLA applies to all public agencies and private sector employers with 50 or more employees within a 75 mile radius.
Additional State Laws in New Mexico
While FMLA sets the federal baseline, New Mexico has additional laws that enhance family leave provisions to better support parents and caregivers:
Maternity Leave
- Pregnancy Accommodation Act: New Mexico requires employers to provide reasonable accommodations for employees who are pregnant, giving them the flexibility to modify work conditions or responsibilities without sacrificing job security. These accommodations might include modified schedules, temporary reassignment to less strenuous duties, or additional breaks.
- Paid Sick Leave for Pregnancy Related Conditions: Under the Healthy Workplaces Act, employees can use accrued paid sick leave for pregnancy related conditions, prenatal care, and recovery from childbirth.
Paternity Leave
- Inclusive Paid Sick Leave: New Mexico’s Healthy Workplaces Act allows fathers to use accrued paid sick leave to care for their spouse or partner during pregnancy or after childbirth. This provision recognizes the role of fathers and partners in caregiving, enabling them to take time off for family responsibilities.
- Employer Specific Policies: While there’s no state mandated paternity leave in New Mexico, many employers offer additional paid or unpaid time off for new fathers, often aligning with best practices to support work life balance.
Family and Medical Leave (Beyond FMLA)
- Domestic Partner Coverage: New Mexico’s leave policies are more inclusive, allowing employees to use paid sick leave for the care of a domestic partner, which is not covered under FMLA. This provides greater flexibility for non traditional families.
- Broader Family Definitions: State regulations often have broader definitions of family, allowing employees to use paid or unpaid leave for a wider range of family members, including siblings, grandparents, or other individuals who have a close familial relationship with the employee.
- Victim of Domestic Violence: Under New Mexico law, employees are permitted to use their accrued paid sick leave if they need to address situations involving domestic violence, sexual assault, or stalking. This includes seeking medical attention, counseling, or relocating.
Bereavement Leave in New Mexico
Jury Duty Leave in New Mexico
Military Leave in New Mexico
Voting Leave in New Mexico
In 2025, New Mexico continues to support civic participation by granting employees the right to take time off for voting. State law requires employers to provide up to two hours of paid leave to vote if an employee’s work schedule prevents them from voting outside of working hours. Employees must request voting leave in advance, and employers can specify when the time off is taken, as long as it does not interfere with the employee’s ability to vote. The law aims to encourage voter participation without penalizing employees for fulfilling their civic duty. Employers are prohibited from retaliating against employees for taking time off to vote, ensuring that everyone has the opportunity to participate in the democratic process.
New Mexico State Holidays in 2025
In 2025, New Mexico observes a variety of state holidays, reflecting its rich cultural heritage and historical significance. On these state holidays, government offices, schools, and many businesses typically close, allowing employees to spend time with family and participate in community events. Some employers also provide floating holidays or additional time off, offering flexibility to employees who may observe other cultural or religious celebrations not included in the official state calendar.
| Holiday | Date |
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New Year’s Day
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January 1, 2025 (Wednesday)
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Martin Luther King Jr. Day
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January 20, 2025 (Monday)
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Presidents’ Day
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February 17, 2025 (Monday)
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César Chávez Day
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March 31, 2025 (Monday)
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Good Friday
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April 18, 2025 (Friday)
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Memorial Day
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May 26, 2025 (Monday)
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Independence Day
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July 4, 2025 (Friday)
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Labor Day
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September 1, 2025 (Monday)
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Indigenous Peoples’ Day
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October 13, 2025 (Monday)
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Veterans Day
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November 11, 2025 (Tuesday)
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Thanksgiving Day
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November 28, 2025 (Thursday)
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Day after Thanksgiving (Black Friday)
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November 29, 2025 (Friday)
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Christmas Eve
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December 24, 2025 (Wednesday)
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Christmas Day
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December 25, 2025 (Thursday)
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New Year’s Eve
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December 31, 2025 (Wednesday)
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FAQ
What types of employee leave are recognized in New Mexico?
Employees in New Mexico may be eligible for various types of leave, including paid sick leave, family and medical leave, vacation leave, jury duty leave, bereavement leave, voting leave, and military leave. The state provides additional protections through the Healthy Workplaces Act, which mandates paid sick leave for most workers.
Does New Mexico require employers to provide paid sick leave?
Yes. Under the Healthy Workplaces Act (HWA), which took effect on July 1, 2022, all private employers in New Mexico must provide employees with up to 64 hours of paid sick leave per year. Employees accrue one hour of paid leave for every 30 hours worked, and unused hours carry over annually, though usage can be capped at 64 hours per year.
Are New Mexico employers required to provide paid vacation or PTO?
No, New Mexico law does not require employers to provide paid vacation or paid time off (PTO). However, if an employer offers these benefits, they must follow their written policy or employment agreement regarding accrual, use, and payout at separation.
What family and medical leave rights do New Mexico employees have?
New Mexico employees are covered by the federal Family and Medical Leave Act (FMLA), which provides eligible employees up to 12 weeks of unpaid, job protected leave for qualifying medical or family reasons. The state does not have an additional family or medical leave law beyond FMLA.
Does New Mexico offer paid family leave?
No, New Mexico does not currently have a statewide paid family or parental leave program. However, some employers voluntarily provide paid family leave, and employees may use paid sick leave under the Healthy Workplaces Act to care for family members.
Are employees entitled to time off for jury duty in New Mexico?
Yes. Employers must provide employees time off to serve on a jury. While they are not required to pay for this time, employees cannot be terminated, demoted, or penalized for serving on jury duty.
Does New Mexico require bereavement leave?
No, New Mexico law does not require employers to provide bereavement leave. However, many employers offer paid or unpaid bereavement leave as part of their internal leave policies.
Are employees entitled to time off for voting in New Mexico?
Yes. Employees are entitled to up to two hours of paid time off to vote on Election Day if their work schedule prevents them from voting outside of work hours. Employers may specify the time when the leave can be taken.
Are meal or rest breaks required by New Mexico law?
No, New Mexico law does not require meal or rest breaks for employees aged 18 or older. However, minors under 18 must be given a 30 minute unpaid meal break if working five consecutive hours. Many employers still offer breaks as part of company policy.
What are the official state holidays in New Mexico?
New Mexico observes the following state and federal holidays:
New Year’s Day
Martin Luther King Jr. Day
Presidents’ Day
Memorial Day
Juneteenth National Independence Day
Independence Day
Labor Day
Indigenous Peoples’ Day (second Monday in October)
Veterans Day
Thanksgiving Day
Day After Thanksgiving (for state employees)
Christmas Day
How can the Day Off app help New Mexico employers manage leave and holidays?
The Day Off app helps New Mexico employers stay compliant with the Healthy Workplaces Act by automating sick leave accruals, tracking PTO balances, and simplifying holiday scheduling. It integrates with Slack and Google Calendar, making it easy for managers and employees to manage time off efficiently.