Finalized paid sick leave (law takes effect on July 1) rules STILL not ready

New Mexico’s mandatory paid sick leave law was passed in 2021. We know many of the policy details such as:

• The Act applies to all businesses even those with a single employee;
• The Act requires businesses to give full time employees up to 64 hours of sick leave per year;
• Leave is accrued at a rate of one hour for every 30 hours worked;
• Leave must be paid at the employee’s regular hourly rate. Employees may carry over any accrued, unused leave; however, “an employer is not required to permit an employee to use more than [64] hours in a [12]-month period.”

But, with less than two months to go, the final rules have not been issued. you can go to the Department of Workforce Solutions website and find a link to “draft Healthy Workforce Act rules” but not final rules.

Those rules will define a number of important aspects of the law including how businesses must communicate with their workers. Small businesses in particular will struggle with this which the Legislature and Gov. seem unconcerned about.

Update: NM Department of Workforce Solutions will conduct a continuation of the public hearing to obtain input and public comment on proposed regulations for implementing and enforcing the Healthy Workplaces Act on May 24, 2022. More information available here.