HR POLICY

HOW TO
Implement Your New Mexico Sick-Time Policy

The Healthy Workplaces Act (HWA) of 2021 is a law requiring all private employers in New Mexico to allow employees to accrue and use a benefit called earned sick leave. The law takes effect on July 1, 2022. The Act lets employees earn and use up to 64 hours of paid sick leave per year or rolling 12 month period. 

Click on the following  Guide For Employers
from the Department of Workforce Solutions for more detail. 

Steps to Implementing Your Sick Time Policy

First, review the Employer Check List from the Department of Workforce Solutions.   Then take practical steps.

  1. Learn what is in the in the Healthy Workplaces Act, especially what employees are entitled to and what your responsibility is as an employer.  

  2. Decide if you are going to use the front load or accrual method.

  3. Determine what is your rolling 12 month period for sick time usage.

  4. Roll sick time into your existing PTO, IF, you have a PTO policy in place.

  5. Distribute your written company sick time policy and have it signed off on by employees.

  6. Add your sick-time policy to your handbook.

  7. Adjust your payroll system for sick time accrual and usage.

  8. Ensure paycheck stubs reflect available sick hours.

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Mis-Information About the Sick-Time

 

“We are a small business and don’t have to do that”  

“Everyone here is part time and they’re not eligible”  

“The company is headquartered out-of-state, they don’t have to have sick time”    

“The owner is cheap and we’re just not doing it”   

“It’s not part of our policy”  

“We already provide time off and health benefits”

Fines for Non-Compliance

Employees, former or current have three (3) years to file and complaint with the Labor Relations Division of the Department of Workforce Solutions after they’ve left their employer.  

To seen what an Employee complaint form looks like and what they can report, click here

Examples  of Fines include:

  • Leave Requested but Denied and Not Taken: Actual damages or $500, whichever is greater;

  • Retaliation (Discharge): Actual damages (including back pay, wages or benefits lost) plus $500 and reinstatement or other equitable relief as determined by a court of law;

  • Independent Contractor Misclassification: Actual damages or $500, whichever is greater, for each misclassification. 

Contact WorkForce411 to have an HR Professional implement
your compliant Sick-Time or PTO policy.

DISCLAIMER
WorkForce411 LLC is not affiliated the New Mexico Department of Workforce Solutions. The information in this post does not and is not intended to constitute legal advice. All information contained herein is only for informational purposes.