New Mexico HWA Sick Pay - Effective July 1, 2022

Starting July 1, 2022, most employees in New Mexico will earn paid leave per the state’s Healthy Workplaces Act (HWA). Here’s what private employers need to know about New Mexico's mandatory sick pay requirements:

  • Employees earn up to 1 hour of paid leave 30 hours worked, which they can use as soon as it’s accrued
  • Paid leave use is capped at 64 hours per year and can carry-over
  • If your PTO policy already meets HWA qualifications, you do not need to create a separate sick leave policy

For additional information, review this Guide to New Mexico's Paid Sick Leave Law (PDF) >>

Action Items for ASAP Payroll Clients:

  1. Let us know of updates if we track your PTO with your payroll services.
    If we don’t track your PTO, reach out if you want to discuss how we can help based on your needs and preferences
    1. We can track earnings codes for any type of paid time off; simply report the hours with each payroll by type, which will then be printed accordingly on the employee's pay stub -- no additional administrative fees
    2. We can track time off-accruals and balances in our payroll system for you -- administrative fees apply, per payroll and set up (contact us for details)
  2. Review and update your PTO policy, employee handbook, labor law posters, and onboarding materials for compliance.
    Check out these resources if you need guidance or help getting started:
    1. HWA Policy Compliance Checklist (PDF)
    2. Employee Handbook Builder via our HR Support Center
    3. ASAP Blog: Time-Off Policy Best Practices
    4. HR Support Center Blog: How Paid Family Leave and Related Programs Can Help Your Business
  3. Visit the NM Healthy Workplaces Act page to download required notices, read FAQs, and review guidance resources.

Disclaimer: This information is provided as a self-help tool and does not constitute legal or financial advice. Laws, regulations and lending products are changing daily and decisions as to whether or how to use this information and/or what actions to take are solely those of the employer. The providers of this information disclaim any and all responsibility and liability for its accuracy, completeness or fitness for your particular business purposes.

Related Articles