New Mexico Remote Work Laws 2026

Legal Framework

Statutory Authority: N.M. Stat. § 50-17-1 et seq. (Healthy Workplaces Act)
Effective Date: July 1, 2022
Administering Agency: New Mexico Department of Workforce Solutions – Labor Relations Division
Official Resource: https://www.dws.state.nm.us/NMPaidSickLeave
Reference Guide: https://www.dws.state.nm.us/Portals/0/DM/LaborRelations/HWA_Reference_Guide_Rev_Dec_2023.pdf

General Program Description (Based on Official Sources)

According to the New Mexico Department of Workforce Solutions, the Healthy Workplaces Act generally:

• Applies to: All private employers with one or more employees operating in New Mexico
• Requires: Employers to provide earned sick leave to eligible employees
• Covers: Full-time, part-time, seasonal, and temporary workers
• Accrual method: Employees accrue leave based on hours worked, or employers may frontload

Note: Actual applicability depends on specific circumstances including where services are performed and employment relationships. Federal government, state government, and political subdivisions are generally exempt. Services performed exclusively on tribal lands may not be covered.

Coverage Framework

Employer Coverage

According to New Mexico Department of Workforce Solutions guidance, the Healthy Workplaces Act generally applies to:

• Private employers with one or more employees
• Employers where work is performed in New Mexico (see geographic scope below)
• Nonprofit, charitable, and religious organizations (if they are private employers)

Exemptions may include:

• Federal government
• State of New Mexico government
• Political subdivisions (counties, municipalities, school districts)
• Services performed exclusively on tribal lands (subject to case-by-case analysis)

Verification: Employers uncertain about coverage should consult the New Mexico Department of Workforce Solutions Labor Relations Division at (505) 841-4400 or legal counsel.

Employee Eligibility

According to official guidance, the law generally covers employees who:

• Are employed by a covered private employer
• Perform work in New Mexico for more than 80 hours in a year
• Are full-time, part-time, seasonal, or temporary workers

Note: Independent contractors are generally not covered, but classification must be properly established. See Employee Classification section of this guide.

Geographic Scope – Remote Workers

According to the New Mexico Department of Workforce Solutions Reference Guide:

• Employees performing services in New Mexico must generally accrue and be allowed to use paid sick leave under the Act
• For remote workers, the Department evaluates coverage on a case-by-case basis, examining whether the employer has sufficient “minimum contacts” with New Mexico
• Factors considered may include:
  
  • Where the employee physically performs work
  • Amount of business activity in New Mexico
  • Whether employer has physical presence in New Mexico
  • Nature and extent of business operations in the state

⚠️ Important: Coverage of remote workers requires individualized analysis. Remote workers physically located in New Mexico while performing work would typically be covered. For specific situations, consult the New Mexico Department of Workforce Solutions.

Source: NM DWS Healthy Workplaces Act Reference Guide, page 3

Accrual Provisions (As Described in Statute and Regulations)

According to official sources, the general accrual framework includes:

Standard Accrual Method

Accrual Rate:

• Employees must accrue at least one (1) hour of earned sick leave for every thirty (30) hours worked
• Accrual begins on the first day of employment or July 1, 2022, whichever is later
• Accrual occurs as hours are worked

Maximum Annual Accrual:

• Employees may accrue and use up to a minimum of sixty-four (64) hours per year
• Employers may choose to provide more generous accrual or usage limits

Carryover:

• Unused earned sick leave carries over to the following year
• Employers may cap the amount of accrued leave that can be carried over to 64 hours
• Employers may cap annual usage at 64 hours, even if more has been accrued

When Leave Can Be Used:

• Employees may begin using accrued leave immediately upon accrual
• No waiting period is required before employees can use earned sick leave

Example Calculation (Illustrative Only):

An employee working 40 hours per week would accrue approximately:

• 40 hours ÷ 30 = 1.33 hours of sick leave per week
• Over one year (52 weeks): ~69 hours would accrue
• Usage would be capped at 64 hours per year (under minimum requirements)

This is a simplified example for general understanding. Actual accrual depends on specific hours worked and employer policies.

Source: N.M. Stat. § 50-17-4; NM DWS Healthy Workplaces Act Reference Guide

Frontloading Option

According to official guidance:

• Alternative to accrual: Employers may choose to frontload sixty-four (64) hours of earned sick leave at the beginning of each year
• Timing: If frontloading, must provide the full 64 hours on January 1 (or employer’s chosen year start)
• Benefit: Frontloading simplifies administration and eliminates need to track hour-by-hour accrual
• Carryover rules: Different carryover rules may apply to frontloaded leave – consult DWS guidance

⚠️ Note: If frontloading, employers must still comply with all other requirements of the Act, including permissible uses, documentation rules, and anti-retaliation provisions.

Exempt Employees

According to official guidance:

• Employees classified as exempt under the Fair Labor Standards Act (FLSA) are assumed to work forty (40) hours per week for accrual purposes
• If an exempt employee’s normal workweek is less than 40 hours, that number should be used
• Exempt employees accrue sick leave based on these assumed hours

Usage Provisions (As Stated in Law)

Permitted Uses (from statute)

According to N.M. Stat. § 50-17-4, earned sick leave may generally be used for:

Employee’s Own Health:

• Treatment, diagnosis, or preventive care for employee’s mental or physical illness, injury, or health condition
• Preventive medical care such as annual physicals, vaccinations, health screenings

Family Member’s Health:

• Care for family member’s mental or physical illness, injury, or health condition
• Accompany family member to receive professional diagnosis, treatment, or preventive care
• Attend meetings at child’s school or place of care related to child’s health or disability

Domestic Abuse, Sexual Assault, or Stalking:

• Employee is victim of domestic abuse, sexual assault, or stalking and needs leave to:
  
  • Obtain medical care or mental health counseling
  • Obtain victim services
  • Obtain legal services
  • Relocate or take steps to secure existing home
  • Participate in legal proceedings
  • Take other actions to enhance safety

Public Health Emergency:

• When employer’s place of business is closed by order of public official due to public health emergency
• When employee needs to care for family member whose school or place of care is closed by order of public official due to public health emergency
• When employee is subject to quarantine or isolation order related to communicable disease

Eligible Family Members

According to the statute, “family member” is defined to include:

• Employee’s child (including biological, adopted, foster, stepchild, legal ward, or child of person standing in loco parentis)
• Employee’s spouse or domestic partner
• Employee’s parent (including biological, adoptive, foster parent, stepparent, or legal guardian)
• Employee’s parent-in-law
• Employee’s grandparent or grandchild
• Employee’s sibling

Source: N.M. Stat. § 50-17-2

Note: This is a statutory definition. For questions about whether a particular relationship qualifies, consult the New Mexico Department of Workforce Solutions or legal counsel.

Requesting Leave

According to regulations and official guidance:

How to Request:

• Employees may request leave orally or in writing
• Request should include expected duration of absence
• No specific form or formality required

Advance Notice:

• Employees should make a “reasonable effort” to provide advance notice if need for leave is foreseeable (known seven or more days in advance)
• Notice should be given as soon as practicable
• Leave should be scheduled to minimize disruption to employer’s operations when foreseeable

Unforeseeable Leave:

• If leave is not foreseeable, employee must notify employer as soon as practicable
• Employer cannot deny leave due to lack of advance notice if leave was not foreseeable

Increment of Use:

• Employees may use sick leave in any increment that the employer’s payroll system can accommodate
• Employees are not required to use full-day increments if employer’s system allows smaller increments

Documentation Requirements

According to the Healthy Workplaces Act and regulations:

When Documentation May Be Required

Employers may request documentation only if:

• Employee uses three (3) or more consecutive workdays of earned sick leave
• In some sources, two (2) or more consecutive workdays is referenced – employers should consult current regulations

⚠️ Note: There appears to be variation in sources regarding whether the threshold is 2 or 3 consecutive days. Employers should verify the current requirement with the New Mexico Department of Workforce Solutions Labor Relations Division.

What Documentation Is Considered Reasonable

According to official guidance, reasonable documentation may include:

For Health-Related Absences:

• Documentation signed by a healthcare professional indicating that sick leave taken was necessary and for a permissible purpose
• Documentation does NOT need to specify the nature of any medical condition – employers cannot require disclosure of diagnosis or private medical information

For Domestic Abuse, Sexual Assault, or Stalking:

• Police report
• Court-issued document
• Signed statement from employee affirming leave was for a covered purpose (statement does not need to be notarized or in any particular format; may be in employee’s native language)

Documentation Limitations

• Employers cannot require documentation for absences of less than the consecutive-day threshold
• Employers cannot require disclosure of the nature of illness, diagnosis, or private medical details
• Employers cannot delay the use of leave while waiting for documentation
• Employees have up to fourteen (14) days from return to work to provide requested documentation

Confidentiality

• All medical or other documentation must be kept separate from personnel files
• Documentation must be designated as confidential
• Must be maintained according to applicable privacy laws

Source: N.M. Stat. § 50-17-5; NM DWS Reference Guide

Employer Obligations

According to the statute and regulations, employers generally must:

Notice Requirements

At Hire: Provide written or electronic notice to employees containing:

• Employee’s right to earned sick leave
• Accrual rate or frontloading amount
• Permissible uses of leave
• Employer’s prohibition against retaliation
• Employee’s right to file a complaint with the Department if leave is denied or retaliation occurs

Language Requirements:

• Notice must be in English, Spanish, or any other language that is the first language spoken by at least 10% of employer’s workforce (if requested by employee)

Workplace Poster:

• Display poster approved by Labor Relations Division in a conspicuous and accessible place in each establishment
• Poster available at no cost from NM DWS

Recordkeeping Requirements

Employers must maintain records for at least four (4) years documenting:

• Hours worked by employees
• Earned sick leave accrued by employees
• Earned sick leave used by employees

Wage Statement Requirements

Employers must provide employees with an accurate year-to-date summary of:

• Hours worked
• Sick leave accrued
• Sick leave used

Frequency: At least quarterly (may be satisfied by including on paystubs)

Rate of Pay for Leave

• Earned sick leave must be compensated at the same hourly rate and with the same benefits (including health care benefits) as employee normally earns during hours worked
• Rate cannot be less than applicable minimum wage
• For exempt employees, normal salary applies

Relationship with Other Leave Policies

According to official guidance:

Existing PTO Policies

• Employers with paid time off (PTO) policies that:
  
  • Provide leave separate from other types of paid leave; AND
  • Meet or exceed the accrual/frontloading requirements of the HWA; AND
  • May be used for the same purposes and under the same conditions as HWA leave
  • Are not required to provide additional earned sick leave
• However: If employer’s PTO can be used for purposes other than those specified in the HWA, the HWA sick leave is in addition to that PTO

Example: If an employer provides “vacation days” that can be used for any purpose, those days do not satisfy the HWA requirement. Separate sick leave must be provided.

Federal FMLA

• Earned sick leave under the HWA is separate from unpaid Family and Medical Leave Act (FMLA) leave
• Employees may use earned sick leave during FMLA leave if the reasons qualify under both laws
• Using sick leave does not extend FMLA entitlement

Other State Leave Laws

• Earned sick leave is in addition to any domestic violence leave or other leave entitlements under New Mexico law

⚠️ Note: Coordinating multiple leave policies can be complex. Consult legal counsel for guidance on policy integration.

Anti-Retaliation Provisions

According to the statute:

Prohibited Actions:

Employers cannot retaliate against employees for:

• Using or requesting earned sick leave
• Filing a complaint with the Department
• Participating in an investigation or proceeding under the HWA
• Opposing practices they reasonably believe violate the HWA

“Retaliation” may include:

• Threats, discharge, suspension, demotion
• Reduction of hours
• Application of absence control policies that count use of earned sick leave as an absence that may lead to adverse action
• Any other adverse action against employee for exercising rights under the HWA

⚠️ Critical: Retaliation violations can result in significant penalties including reinstatement, back pay, and other damages. Employers should implement clear policies against retaliation and train supervisors accordingly.

Enforcement and Penalties

According to the statute:

Employee Remedies

Employees who experience violations may:

• File a complaint with New Mexico Department of Workforce Solutions Labor Relations Division
• File a civil action in court (employees may choose this route without first filing with the Department)
• Seek remedies including:
  
  • Unpaid or underpaid earned sick leave plus interest
  • Additional amount equal to twice the unpaid/underpaid sick leave
  • Actual damages
  • For retaliation: reinstatement, front pay, or other equitable relief
  • Attorney’s fees and costs

Time Limits

• Complaints or civil actions generally must be filed within one (1) year of the violation

Labor Relations Division Process

• LRD investigates complaints
• May facilitate settlements
• May pursue enforcement actions
• Can seek civil penalties

Source: N.M. Stat. § 50-17-6

Practical Compliance Considerations for Employers

The following are general recommendations compiled from various sources. They do not constitute legal requirements but represent common practices for compliance. Consult legal counsel for policy development.

Recommended Practices:

• Written policy: Develop clear written policy describing accrual, usage, documentation, and procedures
• Training: Train managers and supervisors on sick leave requirements and anti-retaliation rules
• Tracking system: Implement reliable system to track hours worked, leave accrued, and leave used
• Notice at hire: Ensure all new hires receive required notice
• Wage statements: Include sick leave information on paystubs or quarterly statements
• Documentation procedures: Establish clear procedures for requesting and approving documentation
• Confidentiality: Maintain medical documentation separately from personnel files
• Consistency: Apply policies consistently to avoid discrimination or retaliation claims

Resources for Compliance

• New Mexico Department of Workforce Solutions – Labor Relations Division:
  
  • Phone: (505) 841-4400
  • Paid Sick Leave Information: https://www.dws.state.nm.us/NMPaidSickLeave
  • Reference Guide: https://www.dws.state.nm.us/Portals/0/DM/LaborRelations/HWA_Reference_Guide_Rev_Dec_2023.pdf
• Model Notices and Posters: Available from NM DWS Labor Relations Division
• Legal Counsel: Employment attorney for policy development and compliance questions