Beginning on July 1, 2022, New Mexico’s Healthy Workplaces Act (HWA) requires private employers with even one employee working in New Mexico to provide paid sick leave (PSL) to eligible employees. The New Mexico Department of Workforce Solutions (DWS) recently published HWA guidance, in the form of answers to frequently asked questions (FAQs), and regulations to provide guidance and clarity on various issues as the effective date approaches, including the definition of “covered employees”; rules for accrual, use, and carryover of paid sick leave; frontloading; and employee documentation and employer notification requirements.

Covered Employees

The HWA covers employees performing work in New Mexico—regardless of the location of the employer’s business—including part-time, temporary, and seasonal employees.

With regard to remote workers, eligibility for PSL is determined on a case-by-case basis. For example, according to the DWS, telecommuters and remote workers who perform services within New Mexico, “and whose employers are incorporated, registered, based, physically located, or are conducting their stated business in New Mexico … are most likely covered.” (Emphasis in the original.) Telecommuters and remote workers who perform services remotely but do so while physically outside of New Mexico “are not covered regardless of whether their employers are based in New Mexico.” (Emphasis in original.)

Rules for Accrual, Use, and Carryover of PSL

As of July 1, 2022, employees...

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