New Mexico Labor Laws

New Mexico Sick Leave Law: Accrual, Caps and Who Is Covered — Best Proven Guide (2026)

By Oleg Kachko · Updated October 8, 2026
✓ Verified October 2026

The New Mexico sick leave law gives you 1 hour for every 30 hours worked, capped at 64 hours of use a year, for all employers. This guide gives the exact new mexico sick leave law rule with the date we verified it, the statute, and what to do next.

Rules verified against New Mexico Department of Workforce Solutions, Labor Relations Division on 2026-10-08; confirm the current rule with New Mexico Department of Workforce Solutions, Labor Relations Division or an attorney before you rely on it.

New Mexico Sick Leave Law at a Glance

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Law Yes — paid sick leave
Accrual 1 hour for every 30 hours worked
Annual cap 64 hours of use a year
Who is covered All employers
Statute N.M. Stat. 50-17-1 to 50-17-12 (Healthy Workplaces Act)
In effect since July 1, 2022

New Mexico Sick Leave Law: The Rule

1 hour for every 30 hours worked. 64 hours of use a year. Covered: all employers. The statute is N.M. Stat. 50-17-1 to 50-17-12 (Healthy Workplaces Act), in effect since July 1, 2022.

⚠ New Mexico sick leave law: 1 hour for every 30 hours worked; 64 hours of use a year. In effect since July 1, 2022.

What New Mexico Sick Leave Law Lets You Use Leave For

Under the Healthy Workplaces Act, New Mexico workers can use earned sick leave for their own physical or mental illness, injury or health condition, and for medical diagnosis, care, treatment or preventive care. It also covers caring for a family member with the same needs, and safe leave if the worker or a family member is a victim of domestic abuse, sexual assault or stalking.

Workers can also use it for meetings at a child’s school about the child’s health or disability, and when a public health emergency closes the workplace or a child’s school.

New Mexico Sick Leave Law at a Glance

Rules verified against New Mexico Department of Workforce Solutions, Labor Relations Division on 2026-10-08; confirm the current rule with New Mexico Department of Workforce Solutions, Labor Relations Division or an attorney before you rely on it. The statute row is where to check it yourself.

Law Yes — paid sick leave
Accrual 1 hour for every 30 hours worked
Annual cap 64 hours of use a year
Who is covered All employers
Statute N.M. Stat. 50-17-1 to 50-17-12 (Healthy Workplaces Act)
In effect since July 1, 2022

Accrual, Caps and Carryover Under New Mexico Sick Leave Law

1 hour for every 30 hours worked; 64 hours of use a year. A worker can request leave orally or in writing, and when the need is foreseeable the state generally expects reasonable advance notice and an effort not to unduly disrupt operations.

An employer may require reasonable documentation only for absences of two or more consecutive workdays, and cannot require the worker to find a replacement or explain the details of a medical condition or abuse situation.

The leave is paid at your regular rate for the covered employers above; smaller employers in some states must give the time unpaid.

New Mexico Sick Leave Law and Retaliation

The Act makes it unlawful for an employer to retaliate or discriminate against a worker for requesting or using earned sick leave, filing a complaint, or helping with an investigation. An employer also may not count protected sick leave as an absence under an attendance policy that leads to discipline or firing. Confirm the details with the state agency.

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Local Rules and New Mexico Sick Leave Law

Some cities add their own paid-leave ordinance on top of state law; the more generous rule applies.

Other New Mexico Sick Leave Law Rules to Know

The Healthy Workplaces Act covers private employers of every size, including part-time, seasonal and temporary workers. Workers can file a complaint with the state labor department or bring a private lawsuit.

Denied the leave you earned? The labor department enforces the sick-leave law for free.

Contact New Mexico Department of Workforce Solutions, Labor Relations Division

New Mexico — the bottom line

  • The new mexico sick leave law gives 1 hour for every 30 hours worked.
  • Under the new mexico sick leave law the cap is 64 hours of use a year.
  • The new mexico sick leave law protects you from retaliation for using the leave.

Frequently Asked Questions

Is paid sick leave required in New Mexico?

Yes. 1 hour for every 30 hours worked.

How much sick leave do I get under New Mexico sick leave law?

64 hours of use a year.

Which employers are covered by the New Mexico sick leave law?

All employers.

Can I be fired for using sick leave in New Mexico?

The Act makes it unlawful for an employer to retaliate or discriminate against a worker for requesting or using earned sick leave, filing a complaint, or helping with an investigation.

When did the New Mexico sick leave law take effect?

July 1, 2022.

Official New Mexico Sources & Resources

This new mexico sick leave law guide was last verified against official New Mexico sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.

More New Mexico Workplace Rights Guides

Disclaimer: This guide is general information, not legal or financial advice. My Unemployment Rights is an independent educational resource, not a government agency and not a law firm. Final-paycheck deadlines, penalties and non compete rules change — every figure here carries the date we verified it. Confirm the current rule with your state labor department or a licensed attorney before you act.

Hurt at work before you lost the job? See whether workers comp or unemployment applies at Workers Comp Explained. Denied unemployment because you cannot work? Social Security disability may be the right program - start at Disability Claim Info. Lost income and worried about rent? Know your rights before an eviction notice arrives at Tenant Rights Info.