This act [50-17-1 to 50-17-12 NMSA 1978] may be cited as the “Healthy Workplaces Act”. History: Laws 2021, ch. 131, § 1. ANNOTATIONS Effective dates. — Laws 2021, ch. 131, § 13 made Laws 2021, ch. 131, § 1 effective July 1, 2022.
A. A civil action may be filed in a court of competent jurisdiction for a violation of the Healthy Workplaces Act within three years from the date the alleged violation occurred; provided that the time limit to file a civil action established by this subsection shall be tolled during an investigation by the division of […]
A. An employer that violates the Healthy Workplaces Act shall be liable to the affected employee: (1) for an instance of sick leave taken by an employee but unlawfully not compensated by the employer, in an amount equal to three times the wages that should have been paid or five hundred dollars ($500), whichever is […]
The Healthy Workplaces Act provides minimum requirements pertaining to earned sick leave and shall not be construed to preempt, limit or otherwise affect the applicability of any other law, regulation, requirement, policy or standard, including collective bargaining agreements, that provides for greater accrual or use by employees of earned sick leave, whether paid or unpaid, […]
As used in the Healthy Workplaces Act: A. “division” means the labor relations division of the workforce solutions department; B. “domestic partner” means an individual with whom another individual maintains a household and a mutual committed relationship without a legally recognized marriage; C. “earned sick leave” means time that is compensated at the same hourly […]
A. Employees shall accrue a minimum of one hour of earned sick leave for every thirty hours worked; provided that employers may choose a higher accrual rate; and provided further that an employer may instead elect to grant employees the full sixty-four hours of earned sick leave for the upcoming year on January 1 of […]
An employer with a paid time off policy that makes available an amount of earned sick leave sufficient to meet the accrual requirements of the Healthy Workplaces Act and that may be used for at minimum the same purposes and under the same terms and conditions as that act is deemed to be in compliance […]
A. Documentation shall not be required for sick leave, except an employer may require reasonable documentation that sick leave has been used for a covered purpose if the employee uses two or more consecutive work days of sick leave. B. Documentation signed by a health care professional indicating the amount of earned sick leave taken […]
A. An employer shall give written or electronic notice to an employee at the commencement of employment of the following: (1) the employee’s right to earned sick leave; (2) the manner in which sick leave is accrued and calculated; (3) the terms of the use of earned sick leave as guaranteed by the Healthy Workplaces […]
Employers shall retain for the immediately preceding forty-eight-month period records documenting hours worked by employees and earned sick leave taken by employees. History: Laws 2021, ch. 131, § 7. ANNOTATIONS Effective dates. — Laws 2021, ch. 131, § 13 made Laws 2021, ch. 131, § 7 effective July 1, 2022.
A. An employer shall not take or threaten any adverse action whatsoever against an employee: (1) that is reasonably likely to deter such employee from exercising or attempting to exercise a right granted pursuant to the Healthy Workplaces Act; or (2) because the employee: (a) has exercised or attempted to exercise such rights; (b) has […]
A. The division shall be authorized to coordinate implementation and enforcement of the Healthy Workplaces Act and shall promulgate appropriate rules to implement that act. B. The division shall coordinate implementation and enforcement of the Healthy Workplaces Act, including: (1) establishing a system to receive complaints, in writing and by telephone, regarding alleged violations of […]
