New Mexico Family and Medical Leave Law
New Mexico does not have a law regarding family and medical leave, but it does provide protection for breastfeeding mothers under the following section of the New Mexico Statutes Annotated.
28-20-1. Breastfeeding rights.
A mother may breastfeed her child in any location, public or private, where the mother is otherwise authorized to be present.
1.7.7.10. State employees; Sick leave requirements.
a(1) In accordance with the provisions of NMSA 1978, Section 10-7-10, employees who have accumulated 600 hours of unused sick leave are entitled to be paid for unused sick leave in excess of 600 hours at a rate equal to fifty percent (50%) of their hourly rate of pay for up to 120 hours of sick leave. Payment for unused sick leave may be made only once per fiscal year on either the payday immediately following the first full pay period in January or the first full pay period in July.
(2) Immediately prior to retirement from the classified service, employees who have accumulated 600 hours of unused sick leave are entitled to be paid for unused sick leave in excess of 600 hours at a rate equal to fifty percent (50%) of their hourly rate for up to 400 hours of sick leave.
1.7.7.12. State employees; Requirements for FMLA leave.
A. In addition to other leave provided for in 1.7.7 NMAC eligible employees are entitled to leave in accordance with the Family and Medical Leave Act (FMLA) of 1993 [29 U.S.C. Section 2601 et seq.]. Employees who have been in the classified service for at least 12 months (which need not be consecutive) and who have worked, as defined by Section 7 of the Fair Labor Standards Act [29 U.S.C. Section 201 et seq.], at least 1250 hours during the 12 month period immediately preceding the start of FMLA leave are eligible employees. In addition, employment in the exempt service, legislative or judicial branch, shall count as classified employment for purposes of this Rule.
B. Eligible employees are entitled to a total of 12 weeks of unpaid FMLA leave in a 12-month period, at the time of a birth or placement of a child or at the time of a serious health condition for the employee, or family members, as defined in the FMLA. The 12-month period is calculated forward from the date an employee's first FMLA leave begins.
C. An employee may elect, or an agency may require the employee, to substitute any of the employee's accrued annual leave, accrued sick leave, or donated leave for any part of unpaid FMLA leave.
D. Compensatory time shall not count towards the 12 weeks entitled by FMLA.
E. Employees shall not accrue annual and sick leave, nor be paid for "observed" holidays while on unpaid FMLA leave.
F. Agencies shall post the required FMLA notices, maintain the required employee records, and implement agency policies in accordance with the FMLA. All medical records and correspondence relating to employees and/or their families shall be considered confidential in accordance with 1.7.1.12 NMAC.
G. Disputes over the administration of this Rule shall be forwarded to the Director for resolution.
Bone Marrow and Organ Donor Act
Section 1. SHORT TITLE.--This act may be cited as the "Bone Marrow and Organ Donor Act".
Section 2. PUBLIC EDUCATION.--The department of health shall provide information and educational materials to the public regarding bone marrow donation through the national marrow donor program and regarding organ donations. The department shall seek assistance from the national marrow donor program to establish a system to distribute materials, ensure that the materials are updated periodically, fully disclose the risks involved in donating bone marrow and address the education and recruitment of minority populations. The department shall establish a system to distribute information and educational materials regarding organ donations and ensure that the materials are updated periodically, fully disclose the risks of donating an organ and address the education and recruitment of minority populations.
Section 3. STATE EMPLOYEE LEAVE.-- A. The person in charge of a state agency may grant a leave of absence, not to exceed twenty days, to a state agency employee for the purpose of donating an organ or bone marrow. An employee may request and use donated annual leave or sick leave for the purpose of donating an organ or bone marrow. If an employee requests donations of sick leave or annual leave but does not receive the full amount of leave needed for the donation of an organ or bone marrow, the person in charge of a state agency may grant a paid leave of absence for the remainder of the needed leave up to the maximum total of twenty workdays. The person in charge of a state agency may require verification by a physician regarding the purpose of the leave requested and information from the physician regarding the length of the leave requested. Any paid leave of absence granted pursuant to this section shall not result in a loss of compensation, seniority, annual leave, sick leave or accrued overtime for which the employee is otherwise eligible. B. For the purposes of this section, "state agency" means any department, institution, board, bureau, commission, district or committee of government of the state of New Mexico.
Section 1. Chapter 50, Article 4 NMSA 1978:
"SHORT TITLE.--This act may be cited as the "Promoting Financial Independence for Victims of Domestic Abuse Act"."
Section 2. Chapter 50, Article 4 NMSA 1978:
"DEFINITIONS.--As used in the Promoting Financial Independence for Victims of Domestic Abuse Act:
A. "domestic abuse" has the same meaning as it does in the Family Violence Protection Act;
B. "domestic abuse leave" means intermittent paid or unpaid leave time for up to fourteen days in any calendar year, taken by an employee for up to eight hours in one day, to obtain or attempt to obtain an order of protection or other judicial relief from domestic abuse or to meet with law enforcement officials, to consult with attorneys or district attorneys' victim advocates or to attend court proceedings related to the domestic abuse of an employee or an employee's family member;
C. "employee" means a person who is employed by an employer;
D. "employer" includes a person, a firm, a partnership, an association, a corporation, a receiver or an officer of the court of New Mexico, a state agency, or a unit of local government or a school district;
E. "family member" means a minor child of the employee or a person for whom the employee is a legal guardian;
F. "order of protection" means a court order granted pursuant to the Family Violence Protection Act; and
G. "retaliation" means an adverse action against an employee, including threats, reprisals or discrimination for engaging in the protected activity of taking domestic abuse leave."
Section 3. Chapter 50, Article 4 NMSA 1978:
"DOMESTIC ABUSE LEAVE REQUIRED--RETALIATION PROHIBITED.--An employer shall grant an employee domestic abuse leave without interfering with, restraining or denying exercise of rights under the Promoting Financial Independence for Victims of Domestic Abuse Act or attempting to do so. Retaliation against an employee for using domestic abuse leave is prohibited."
Section 4. Chapter 50, Article 4 NMSA 1978:
"CERTIFICATION--VERIFICATION.-- A. When domestic abuse leave is taken in an emergency, the employee or the employee's designee shall give notice to the employer within twenty-four hours of commencing the domestic abuse leave.
B. An employer may require verification of the need for domestic abuse leave, and, if so, an employee shall provide one of the following forms of verification through furnishing in a timely fashion:
(1) a police report indicating that the employee or a family member was a victim of domestic abuse;
(2) a copy of an order of protection or other court evidence produced in connection with an incident of domestic abuse, but the document does not constitute a waiver of confidentiality or privilege between the employee and the employee's advocate or attorney; or
(3) the written statement of an attorney representing the employee, a district attorney's victim advocate, a law enforcement official or a prosecuting attorney that the employee or employee's family member appeared or is scheduled to appear in court in connection with an incident of domestic abuse."