What it can be used for
Own or family member's illness, injury, health condition or preventive care; school meetings about a child's health or disability; and needs related to domestic abuse, sexual assault or stalking. Source: nmlegis.gov↗ (opens in a new tab)
Notice and documentation
You may ask for reasonable documentation only when leave lasts two or more consecutive workdays. You cannot require employees to find a replacement. Source: nmlegis.gov↗ (opens in a new tab)
Penalties
Unpaid leave: three times the wages owed or $500, whichever is more. Denied leave: actual damages or $500. Retaliation and willful record or notice violations carry extra penalties. Source: nmlegis.gov↗ (opens in a new tab)
The law and where to check
The law: NMSA 1978, §§ 50-17-1 to 50-17-12 (Healthy Workplaces Act) (opens in a new tab)
The agency: New Mexico Department of Workforce Solutions, Labor Relations Division (opens in a new tab)
What federal law says
No federal law requires private employers to give paid sick leave. Federal contractors must give up to 7 days a year under Executive Order 13706. Source: U.S. Department of Labor↗ (opens in a new tab) Source: U.S. DOL — EO 13706↗ (opens in a new tab)
Paid sick leave checklist for New Mexico employers
A simple order of work, based on the rules above. It is not a legal checklist.
- Check whether your business size is covered by the rule above.
- Set up accrual in your payroll or HR system (or front-load the yearly amount).
- Write a sick leave policy covering accrual, the cap, carryover, notice and documentation.
- Show each employee's balance where your state requires it.
- Check for city or county sick leave laws where your staff work.
- Keep records of time earned and used.
More New Mexico employment law guides
- All New Mexico employment laws
- New Mexico final paycheck law
- New Mexico meal and rest break laws
- New Mexico overtime law
- New Mexico pay frequency law
- New Mexico vacation and PTO payout law
- New Mexico new hire reporting
- New Mexico at-will exceptions
Paid sick leave laws in other states
See every state on one page, or pick a state:
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Sources
All official government sources, last checked October 19, 2026.
Disclaimer: This guide provides general information based on publicly available official sources and is for information only. It is not legal, tax, payroll or employment-law advice and does not guarantee compliance with federal, state or local requirements. Rules can depend on your location, industry, contracts and other circumstances, and laws change. Always check the official source, the relevant government agency or a qualified professional before making a decision. MadyHR.ai accepts no responsibility for any action taken based on this page.
Last checked: . Every rule and source link on this page was checked against the official government source on this date. Laws change, so always open the source link before you act.