Public Employee Caregiver Leave

NMSA 1978 ch. 10, art. 16H

in effect

NMSA 1978, § 10-16H-1 Short title

10-16H-1. Short title Sections 5 through 8 [10-16H-1 to 10-16H-4 NMSA 1978] of this act may be cited as the "Public Employee Caregiver Leave Act". Laws 2019, ch. 177, § 5.

NMSA 1978, § 10-16H-2 Definitions

10-16H-2. Definitions As used in the Public Employee Caregiver Leave Act: A. "eligible employee" means, except as provided pursuant to Section 8 [10-16H-4 NMSA 1978] of this 2019 act, an individual who is an officer or employee of the state or of a public school and who, in accordance with the policies of the state agency or public school employing the officer or employee, is eligible to accrue sick leave; B. "family member" means an individual who is the spouse or domestic partner of or is by blood, marriage or legal adoption a parent, grandparent, great-grandparent, child, grandchild, great-grandchild, brother, sister, niece, nephew, aunt or uncle, or is living in the household of an eligible employee; C. "sick leave" means a leave of absence from employment for which a state agency or public school pays an eligible employee due to illness or injury or to receive care from a licensed or certified health professional. "Sick leave" does not include leave to which an employee is entitled under the federal Family and Medical Leave Act of 1993, regardless of whether the employee uses sick leave during that leave; and D. "state" or "state agency" means the state of New Mexico or any of its branches, agencies, departments, boards, instrumentalities or institutions. Laws 2019, ch. 177, § 6.

NMSA 1978, § 10-16H-3 Accumulated sick leave; application to family caregiving

10-16H-3. Accumulated sick leave; application to family caregiving A. A state agency or public school that provides eligible employees with sick leave for an eligible employee's own illness or injury or to receive health care shall permit its eligible employees to use accrued sick leave to care for their family members in accordance with the same terms and procedures that the state agency or public school imposes for any other use of sick leave by eligible employees. B. A state agency or public school employing an eligible employee shall not discharge or threaten to discharge, demote, suspend or retaliate or discriminate in any manner, including using the employee's use of caregiver leave as a factor in the employee's performance evaluation, against an eligible employee because that employee requests or uses caregiver leave in accordance with the state agency's or public school's general sick leave policy, files a grievance for violation of the Public Employee Caregiver Leave Act, cooperates in an investigation or prosecution of an alleged violation of that act or opposes any policy or practice established pursuant to that act. C. Nothing in this section shall require a state agency or public school to provide sick leave to its employees. D. The provisions of the Public Employee Caregiver Leave Act are nonexclusive and cumulative and are in addition to any other rights or remedies afforded by contract or under other provision of law. The Public Employee Caregiver Leave Act does not prohibit a state agency or public school from providing greater sick leave benefits than are provided pursuant to that act. E. Each state agency director and public school administrator shall adopt and promulgate policies to implement the provisions of the Public Employee Caregiver Leave Act. These policies shall include, at a minimum, grievance procedures for according eligible employees recourse for violations of the Public Employee Caregiver Leave Act. As used in this section, "state agency director" means: (1) the director of the state personnel office for those state agencies to which the provisions of the Personnel Act [Chapter 10, Article 9 NMSA 1978] apply; and (2) the director of a state agency to which the provisions of the Personnel Act do not apply. Laws 2019, ch. 177, § 7.

NMSA 1978, § 10-16H-4 Exemptions

10-16H-4. Exemptions A. The provisions of the Public Employee Caregiver Leave Act shall not apply to any employment expressly exempted under rules adopted by the state personnel office or any other state agency. B. Nothing in the Public Employee Caregiver Leave Act shall be construed to invalidate, diminish or otherwise interfere with any collective bargaining agreement, nor shall it be construed to invalidate, diminish or otherwise interfere with any party's power to collectively bargain for a collective bargaining agreement. Laws 2019, ch. 177, § 8.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18510/index.doFetched: 10/20/2026