Overview: New Mexico has enacted legislation that will require employers that provide paid sick leave to allow employees to use the leave to care for covered family members.
Effective Date: June 14, 2019.
New Mexico has enacted legislation (Senate Bill 123), the Caregiver Leave Act, that will require employers that provide paid sick leave to allow employees to use the leave to care for covered family members.
Senate Bill 123 doesn’t require employers to provide paid sick leave. Instead, the law requires employers that do provide paid sick leave to allow their eligible employees to use accrued sick leave to care for their family members in accordance with the same terms and procedures that the employer imposes for any other sick leave use.
The law defines family member as an eligible employee’s:
· Spouse or domestic partner;
· Parent, grandparent, great-grandparent;
· Child, foster child, grandchild, great-grandchild;
· Brother, sister;
· Niece, nephew, or
· Aunt or uncle.
Employers are prohibited from taking adverse action against an eligible employee because they:
· Request or use caregiver leave in accordance with the employer's general sick leave policy;
· File a complaint with the Workforce Solutions Department;
· Cooperate in an investigation or prosecution of an alleged violation of the law; or
· Oppose any policy or practice established under the law.
Action Required: New Mexico employers that provide sick leave to employees should review policies, practices, and supervisor training to ensure compliance with Senate Bill 123.
As always, please contact your dedicated service professional with any questions.
This content provides practical information concerning the subject matter covered and is provided with the understanding that ADP is not rendering legal advice.