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Home » US Law » 2021 New Mexico Statutes » Chapter 50 - Employment Law » Article 4A - Promoting Financial Independence for Victims of Domestic Abuse Act

Section 50-4A-1 – Short title.

This act may be cited as the “Promoting Financial Independence for Victims of Domestic Abuse Act”. History: Laws 2009, ch. 14, § 1. ANNOTATIONS Effective dates. — Laws 2009, ch. 14, § 9 made Laws 2009, ch. 14, § 1 effective July 1, 2009.

Section 50-4A-2 – 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 [Chapter 40, Article 13 NMSA 1978]; B. “domestic abuse leave” means intermittent paid or unpaid leave time for up to fourteen days in any calendar year, […]

Section 50-4A-3 – 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. History: Laws 2009, ch. 14, § 3. ANNOTATIONS Effective dates. […]

Section 50-4A-4 – 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 […]

Section 50-4A-5 – Impact of domestic abuse leave on other employee benefits.

A. For domestic abuse leave, an employee may use accrued sick leave or other available paid time off, compensatory time or unpaid leave time consistent with the employer’s policies. B. To the extent permitted by law, an employer shall not withhold pay, health coverage insurance or another benefit that has accrued to the employee when […]

Section 50-4A-6 – Confidentiality.

An employer shall not disclose verification information provided under Subsection B of Section 4 [50-4A-4 NMSA 1978] of the Promoting Financial Independence for Victims of Domestic Abuse Act and shall maintain confidentiality of the fact that the employee or employee’s family member was involved in a domestic abuse incident, that the employee requested or obtained […]

Section 50-4A-7 – Enforcement.

A. The workforce solutions department is authorized to enforce the Promoting Financial Independence for Victims of Domestic Abuse Act and to investigate complaints made by persons who claim to be aggrieved pursuant to the provisions of that act. B. The workforce solutions department and the employee have the right to bring an action in violation […]

Section 50-4A-8 – Effect on other laws and existing employment benefits.

A. Remedies in this section are provided in addition to other common law, federal or state remedies. B. Nothing in the Promoting Financial Independence for Victims of Domestic Abuse Act shall supersede any provision of law or contract that provides greater rights than the rights established under that act. C. The rights provided in the […]