New Mexico Paid Sick Leave Law (HWA)
✓ Verified against official sources · September 1, 2026 NMSA 1978, §§ 50-17-1 to 50-17-12 (Healthy Workplaces Act)
The short answer: New Mexico's Healthy Workplaces Act requires all private employers, regardless of size, to provide earned sick leave: one hour per 30 hours worked with no waiting period, usable up to 64 hours per year.
Accrual rate
1 hour per 30 hours worked (or 64 hours frontloaded Jan 1)
Annual amount
Use up to 64 hours per year; 64-hour carryover
Employers covered
All private employers, regardless of size
Penalty for non-compliance: Enforced by the NM Department of Workforce Solutions' Labor Relations Division; violations expose employers to the leave's value, damages and civil penalties under the Act.
New Mexico's Healthy Workplaces Act of 2021 (effective July 1, 2022) covers all private employers regardless of size. Per the Department of Workforce Solutions' official guide, employees accrue one hour of earned sick leave per 30 hours worked — with no waiting period after hire — or employers may frontload 64 hours each January 1. The Act caps usage at 64 hours per 12-month period but sets no accrual cap, and accrued unused leave carries over up to 64 hours.
Uses span the employee's or a family member's illness, care and preventive care, plus domestic-abuse, sexual-assault and stalking-related needs. The Labor Relations Division enforces the Act with damages and civil penalties for violations.
For employersTwo NM quirks: there is no waiting period — accrual and use start at hire — and the Act caps usage at 64 hours but sets no cap on how much an employee may accrue.
For employeesYou earn one hour per 30 worked from your first day, with no waiting period, and can use up to 64 hours a year for your own or a family member's health and safety needs.
The full playbook, start to finish
This page covers one rule. The complete lawyer-reviewed guide covers the whole landscape, with sources and every state's rules.
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New Mexico FAQ
Is there a waiting period before using sick leave in New Mexico?
No — unlike most states, the HWA lets employees accrue and use leave from their date of hire, per the DWS reference guide.
How much sick leave can a New Mexico employee use per year?
Up to 64 hours per 12-month period — there's no cap on accrual itself, and up to 64 unused hours roll over.
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Official sources
Educational content, not legal advice. Rules change — every fact above was checked against the linked official sources on the date shown.
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How other states compare
| State | Accrual rate | Annual amount | Employers covered |
|---|---|---|---|
| Alaska | 1 hour per 30 hours worked | 40 hrs (under 15 employees) / 56 hrs (15+) | All employers — the cap varies at the 15-employee line |
| Arizona | 1 hour per 30 hours worked | 40 hours (15+ employees) / 24 hours (under 15) | All employers — the cap varies by size |
| California | 1 hour per 30 hours worked (alternative schedules allowed) | Use at least 40 hours / 5 days; accrual cap 80 hours / 10 days | Nearly all employers, regardless of size |
| Colorado | 1 hour per 30 hours worked | Up to 48 hours per year (+80-hour PHE supplement when declared) | All employers — full-time, part-time and temporary employees |
| Connecticut | 1 hour per 30 hours worked | Up to 40 hours per year; 40 hours carryover | 11+ employees now; every employer from Jan 1, 2027 |
| District of Columbia | 1 hour per 37 / 43 / 87 hours worked, by employer size | 7 days (100+) / 5 days (25–99) / 3 days (≤24) | All D.C. employers — tiered by headcount |
| Illinois | 1 hour per 40 hours worked | Up to 40 hours per 12-month period — usable for any purpose | Nearly all employers (school and park districts excluded) |
| Maine | 1 hour per 40 hours worked | Up to 40 hours per year — usable for any reason | More than 10 employees in Maine for 120+ days a year (non-seasonal) |
| Maryland | 1 hour per 30 hours worked | Earn up to 40 hrs/yr; use and bank up to 64 hrs | All — paid at 15+ employees, unpaid at 14 or fewer |
| Massachusetts | 1 hour per 30 hours worked | Up to 40 hours per calendar year | All — paid at 11+ employees, unpaid below |
| Michigan | 1 hour per 30 hours worked (frontloading allowed) | Use up to 72 hrs/yr — 40 hrs at small businesses (≤10 workers) | All employers with one or more employees |
| Minnesota | 1 hour per 30 hours worked | Up to 48 hours per year; bank up to 80 hours with carryover | All employers with one or more employees |
| Missouri | None — the mandate was repealed effective Aug 28, 2025 | No state requirement — employer policy controls | No Missouri employer is required to provide sick leave |
| Nebraska | 1 hour per 30 hours worked, after 80 hours of employment | 40 hrs (11–19 employees) / 56 hrs (20+) | 11+ employees — employers with 10 or fewer are exempt |
| Nevada | 0.01923 hours per hour worked (≈1 per 52; frontloading allowed) | ≈40 hours per benefit year for full-time work — any purpose | Private employers — under-50-employee hardship and other carve-outs |
| New Jersey | 1 hour per 30 hours worked (or 40 hours advanced up front) | Up to 40 hours per benefit year; 40 hours carryover | All New Jersey employers, regardless of size |
| New Mexico | 1 hour per 30 hours worked (or 64 hours frontloaded Jan 1) | Use up to 64 hours per year; 64-hour carryover | All private employers, regardless of size |
| New York | 1 hour per 30 hours worked | 56 hrs paid (100+) / 40 paid (5–99) / 40 unpaid (0–4, ≤$1M income) | Every NY employer — the tier sets paid vs. unpaid and the cap |
| Oregon | 1 hour per 30 hours worked (or 1-1/3 per 40) | Up to 40 hours per year | All — paid at 10+ employees, unpaid under 10 |
| Rhode Island | 1 hour per 35 hours worked | Up to 40 hours per year | Paid at 18+ employees; smaller employers provide unpaid leave |
| Vermont | 1 hour per 52 hours worked | Up to 40 hours per 12-month period | All Vermont employers |
| Washington | 1 hour per 40 hours worked | No annual cap — leave is usable as accrued; 40-hour carryover | All employers covered by the Minimum Wage Act |
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