New Mexico paid sick leave rules for employers
Reviewed Sep 24, 2026 2 official sources How we verify
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The answer
Yes: 1 hour per 30 hours worked
Under New Mexico's Healthy Workplaces Act, employees accrue at least 1 hour of paid sick leave for every 30 hours worked, and an employer may give more. The Act took effect July 1, 2022, with rules issued by the Department of Workforce Solutions (11.1.6 NMAC). (11.1.6 NMAC, Healthy Workplaces rules (NM Department of Workforce Solutions))
“House Bill 20 requires that employees shall accrue at least one hour of paid sick leave for every 30 hours worked, though employers may elect to provide more.”
What it means for New Mexico employers
Most of what a New Mexico employer needs to run payroll correctly sits in the Labor Relations Division's rules, 11.1.6 NMAC, rather than in the one-line accrual rate. Hours beyond 40 in a seven-day week do not earn leave faster than the 1 per 30 rate, unless the employer or a union contract chose a richer rate (11.1.6.8(B) NMAC). (11.1.6 NMAC, Healthy Workplaces rules (NM Department of Workforce Solutions))
Sick hours are paid on the regular payday, based on the regularly scheduled hours the employee missed. An employer cannot treat the schedule as cut because someone took sick leave. When weekly hours fluctuate, pay uses the average hours worked in the two preceding weeks (11.1.6.8(C) and (E) NMAC). (Office of the Governor, press release on signing HB 20 (Healthy Workplaces Act))
The rate depends on how the person is paid. Tipped employees who normally get a tip credit receive the full state or local minimum wage, whichever is greater, while on sick leave. Salaried staff get the salary converted to an hourly rate using their normal week (the rule's own example: $1,000 over 40 hours is $25 an hour; over 30 hours, $33.33); if their hours fluctuate, the salary is divided by 40. Task, piece and commission workers receive the greater of their hourly or salary rate or the minimum wage (11.1.6.8(H) to (J) NMAC). (Office of the Governor, press release on signing HB 20 (Healthy Workplaces Act))
Every quarter, employees get an accurate year-to-date summary of sick leave accrued and used. Putting it on the regular pay statement satisfies the rule, and email, a website or an app also work (11.1.6.8(G) NMAC). Records of hours, accrual and use are kept for at least 48 months. (Office of the Governor, press release on signing HB 20 (Healthy Workplaces Act))
Exceptions and special cases
- Carryover: an employer does not have to let more than 64 hours of unused sick leave carry over from one year to the next (11.1.6.8(L) NMAC). (Office of the Governor, press release on signing HB 20 (Healthy Workplaces Act))
- Separation: unused sick leave earned under the Act does not have to be paid when an employee is terminated, resigns or retires (11.1.6.8(K) NMAC). (Office of the Governor, press release on signing HB 20 (Healthy Workplaces Act))
- Front-loading is allowed, but leave that was front-loaded and used can never be recovered through payroll deductions, even with a signed agreement or if the employee leaves before earning it (11.1.6.8(A) NMAC). (Office of the Governor, press release on signing HB 20 (Healthy Workplaces Act))
- Documentation: if the employer asks for documentation after an absence of two or more consecutive workdays, the employee has 14 days from returning to work to provide it (11.1.6.8(M) NMAC). Leave is foreseeable when the employee knows of the need seven or more days ahead. (Office of the Governor, press release on signing HB 20 (Healthy Workplaces Act))
- Per diem and indeterminate shifts: the hours charged are those a replacement worked on the same shift, or, if there was none, what the employee worked the last time on that shift (11.1.6.8(D) NMAC). (Office of the Governor, press release on signing HB 20 (Healthy Workplaces Act))
Worked examples
A salaried office manager on a 45-hour week
The manager earns $1,080 a week for a normal 45-hour week. Under 11.1.6.8(I) NMAC, a sick hour is paid at $1,080 divided by 45, which is $24 an hour. (Office of the Governor, press release on signing HB 20 (Healthy Workplaces Act))
A server who normally earns a tip credit wage
On a sick day the server is paid the full state minimum wage, or the local minimum if it is higher, for each scheduled hour missed, not the lower cash wage used with the tip credit. (Office of the Governor, press release on signing HB 20 (Healthy Workplaces Act))
A documentation request after a Monday and Tuesday absence
The employee returns on Wednesday, October 14, 2026. If the employer asks for documentation, the 14-day window runs to Wednesday, October 28, 2026. (Office of the Governor, press release on signing HB 20 (Healthy Workplaces Act))
How to act on it
Paid sick leave: New Mexico and neighboring states
Each state links to its rulebook. Only rules we verified are shown.
| State | Statewide paid sick leave |
|---|---|
| New Mexico | Yes, statewide |
| Arizona | Yes, statewide (full page) |
| Colorado | Yes, statewide (full page) |
| Texas | No statewide law |
| Oklahoma | Pending verification |
| Utah | Pending verification |
Questions about New Mexico paid sick leave rules
When did New Mexico paid sick leave start?
The Healthy Workplaces Act took effect July 1, 2022, according to the Governor's office, and the implementing rules (11.1.6 NMAC) took effect the same day.
Does overtime earn extra sick leave in New Mexico?
No. Hours over 40 in a seven-day week earn at the same 1 per 30 rate unless the employer or a union contract sets a higher rate (11.1.6.8(B) NMAC).
How much unused sick leave carries over in New Mexico?
An employer need not allow more than 64 hours of unused leave to carry over year to year (11.1.6.8(L) NMAC).
Can a New Mexico employer deduct front-loaded sick leave from a final paycheck?
No. Used front-loaded leave cannot be recouped through payroll deductions, even with a written agreement or if the employee separates before accruing it (11.1.6.8(A) NMAC). (Office of the Governor, press release on signing HB 20 (Healthy Workplaces Act))
How long do New Mexico employees have to file a sick leave complaint?
Complaints go to the Labor Relations Division within three years of the last alleged violation (11.1.6.13 NMAC).
The verified rules behind this page (1)
- Accrual: New Mexico Healthy Workplaces Act: employees accrue at least one hour of paid sick leave for every 30 hours worked (employers may provide more). (Office of the Governor, press release on signing HB 20 (Healthy Workplaces Act); verified Sep 24, 2026)
Sources (2)
Checked Sep 24, 2026 · How we verify every rule · Report an error
General information, not legal advice. Not a substitute for the advice of an attorney. This page is for general information only and isn’t legal, financial or tax advice. Laws vary by state and change; check the official source or talk to a qualified professional about your situation. Report an error