Earned Sick Leave
Section 50-17-3 — an hour for every thirty worked, up to sixty-four hours a year
Employees accrue at least one hour of earned sick leave for every thirty hours worked, or the employer may grant the full sixty-four hours on January 1 of each year. Unused leave carries over, but an employer need not allow more than sixty-four hours of use in a twelve month period.
Who handles this in New Mexico: legal aid programs, lawyer referral and the state offices, listed in the New Mexico directory.
- For the employee's own mental or physical illness, injury or health condition, its diagnosis, care or treatment, or preventive medical care.
- To care for a family member for the same reasons.
- For meetings at a child's school or place of care about the child's health or disability.
- For absence because of domestic abuse, sexual assault or stalking suffered by the employee or a family member, to get treatment or counseling, relocate, take part in legal proceedings or get services.
Leave is given on the employee's oral or written request, saying the expected length when possible. Unused leave is not paid out when employment ends.
An employer may not take or threaten any adverse action against an employee for exercising or trying to exercise a right under the Healthy Workplaces Act, alleging a violation, or raising a concern about one.
Sources for this section (2)
- NMSA 1978, § 50-17-3 — Earned sick leave; use and accrual
- NMSA 1978, § 50-17-8 — Exercise of rights protected; retaliation prohibited
Legal information, not legal advice. Verified as of November 2026. Applying it to a particular situation is the work of a licensed New Mexico attorney.