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New Mexico Leave Laws


No federal or state law requires employers to provide paid or unpaid vacation time for their employees. However, if employers choose to offer a vacation leave, paid or unpaid, to their employees it must comply with applicable state law or employment contract. 

The rollover policy

  • Statutory Provisions Addressing Vacation Pay

State of New Mexico has no statute governing the payment of vacation time.

  • Use-It-or-Lose-It Policy

State of New Mexico has no statute governing the policy.

  • Payment of Accrued Vacation on Termination

Not required by state law; depends on employer policy.



No federal or state law in New Mexico requires employers to pay out an employee’s accrued vacation, sick leave, or other paid time off (PTO) at the termination of employment.

Maternity, Paternity, FMLA

In addition to Family and Medical Leave Act (FMLA) and the Pregnancy Discrimination Act, New Mexico has the following laws regarding Maternity and Paternity Leave:

The New Mexico Human Rights Act

requires employers with 4 or more employees to protect employees against discrimination related to pregnancy, childbirth, or other related medical conditions.  

Pregnancy and childbirth have to be treated as any other type of temporary disability for all employment-related purposes, including benefits such as receipt of fringe benefits.

Jury Duty Leave

An employer may not terminate, threaten, or coerce an employee who receives a jury summons or serves on a jury. Employers cannot require employees to use annual, vacation, or sick leave for time spent serving on a jury.

Bereavement Leave

No federal or state law require an employer to provide the employee with paid or unpaid bereavement leave or with any time off to organize or attend a close family member’s funeral.

Voting Leave

Employers must allow employees up to two hours of leave to vote on an election day. However, voting leave is not required for an employee whose workday begins two or more hours after the polls open or ends three or more hours before the polls close. An employer may designate the hours an employee may take leave to vote. An employee who takes leave to vote may not be liable for any penalty. The Attorney General has stated the law requires up to two hours of voting leave to be paid for hourly workers.

Military Leave

New Mexico law provides the following job protections for military members, in addition to Uniformed Services Employment and Reemployment Rights Act:

  • A member of the United States Armed Forces, National Guard or organized reserve who serves on active duty and is honorably discharged or released from duty must be reinstated to his or her original position (or to a position of like seniority, status and pay). The member must apply for reemployment within 90 days after being relieved from service or hospitalization (unless hospitalization after discharge lasted more than one year).
  • Upon reemployment, the military member may not lose seniority and is entitled to participate in insurance or other benefits offered by the employer. Returning military members may not be discharged without cause within one year after reemployment.
  • An employer may not refuse to hire, penalize or discharge any person due to his or her membership in the National Guard, or prevent the member from performing military service.

    All materials have been prepared for general information purposes only to permit you to learn more about this region's leave laws. The information presented is not legal advice, is not to be acted on as such, and may not be current. Please contact your local legal counsel to learn more about the leave laws in your country.