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On April 7, 2021, New Mexico Governor Michelle Lujan Grisham
signed House Bill 20, enacting the Healthy Workplaces
Act (HWA), which will require private employers in New Mexico with
at least one employee to provide paid sick leave to employees. The
new law becomes effective on July 1, 2022.
Under the HWA, employers must allow employees, including
part-time, seasonal, and temporary workers, to accrue earned sick
leave (ESL) at a rate of
one hour for every 30 hours
worked. Employees may use
up to 64 hours of
ESL per 12-month period. ESL must be paid at the employee s
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Mondaq
[co-author: Cynthia Park - Law Clerk]
On April 8, 2021, New Mexico’s Governor, Michelle Lujan Grisham, signed House Bill 20, the Healthy Workplaces Act (“Act”). Effective July 1, 2022, all private employers must provide eligible employees in New Mexico up to 64 hours of paid sick leave (“PSL”) for each 12-month period, as described below. The Act applies to all employees, including full-time, part-time, seasonal, and temporary employees. An employer’s existing sick leave or paid time off policy may be used to comply with the Act, provided it meets the minimum requirements of the Act.
Accrual of PSL
The Act requires employees to accrue PSL at a rate of at least one hour for every 30 hours worked, up to a maximum of 64 hours, beginning on the later of (i) the commencement of employment or (ii) July 1, 2022. There is no waiting period to use PSL, and employees may use any available PSL as it is accrued. PSL may be taken in one-hour increments, unless the employer allows P
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Epstein-becker
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Tuesday, April 20, 2021
On April 7, 2021, New Mexico Governor Michelle Lujan Grisham signed House Bill 20, enacting the Healthy Workplaces Act (HWA), which will require private employers in New Mexico with at least one employee to provide paid sick leave to employees. The new law becomes effective on July 1, 2022.
Under the HWA, employers must allow employees, including part-time, seasonal, and temporary workers, to accrue earned sick leave (ESL) at a rate of
one hour for every 30 hours worked. Employees may use
up to 64 hours of ESL per 12-month period. ESL must be paid at the employee’s regular hourly rate. Employees may carry over any accrued, unused ESL; however, “an employer is not required to permit an employee to use more than [64] hours in a [12]-month period.”
Mexico
New-mexico
United-states
Michelle-lujan-grisham
New-mexico-governor-michelle-lujan-grisham
House-bill
Healthy-workplaces-act
Key-features
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What’s in the act?
First, it is important to understand the substance of the act. The effective date of July 1, 2022, gives employers plenty of time to plan and prepare for compliance. Under the act, all employees of private employers, regardless of part-time/full-time, exempt/non-exempt, temporary/permanent status, are eligible to accrue one hour of earned sick leave for every 30 hours worked (exempt employees are assumed to work 40 hours per week) beginning on the employee’s first day and available for use immediately.
Cristin Heyns-Boulisman
There is no maximum accrual; however, the act does limit use to 64 hours per “12-month period” with the balance carrying over from year to year. Employers need not worry about liability associated with the accrued time because the act clearly states that it is not to be paid out upon separation from employment. Employers also get to choose the “12-month period” from a list of options that include a calendar year and any fixe
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