Last updated: 2026-09-21.
Statewide MandateHow New Mexico's real statutory thresholds apply to specific employer profiles. Each section re-frames the state law above for one audience — the underlying figures never change, only the lens does.
For employers with fewer than 15 employees: New Mexico requires paid sick leave for 1 employee. No local ordinances are tracked beyond the state law. Source: https://www.dws.state.nm.us/; retrieved 2026-09-21.
Size note: Your obligation turns on the threshold "1 employee". The Compliance Checker applies your headcount automatically. Use the Compliance Checker to apply your headcount to the correct rule.
For employers with 50 or more employees: New Mexico requires paid sick leave for 1 employee. No local ordinances are tracked beyond the state law. Source: https://www.dws.state.nm.us/; retrieved 2026-09-21.
Size note: Your obligation turns on the threshold "1 employee". The Compliance Checker applies your headcount automatically. Use the Compliance Checker to apply your headcount to the correct rule.
For restaurant, café, and food-service operators: New Mexico requires paid sick leave for 1 employee. No local ordinances are tracked beyond the state law. Source: https://www.dws.state.nm.us/; retrieved 2026-09-21.
Industry note: The law is industry-neutral — all covered employers, including restaurants & food service, use the same statewide thresholds: 1 employee, accrual 1 hour per 30 hours worked, cap 64 hours/year. Use the Compliance Checker to apply your headcount to the correct rule.
For retail stores, shops, and chains: New Mexico requires paid sick leave for 1 employee. No local ordinances are tracked beyond the state law. Source: https://www.dws.state.nm.us/; retrieved 2026-09-21.
Industry note: The law is industry-neutral — all covered employers, including retail employers, use the same statewide thresholds: 1 employee, accrual 1 hour per 30 hours worked, cap 64 hours/year. Use the Compliance Checker to apply your headcount to the correct rule.
For clinics, hospitals, and healthcare staffing: New Mexico requires paid sick leave for 1 employee. No local ordinances are tracked beyond the state law. Source: https://www.dws.state.nm.us/; retrieved 2026-09-21.
Industry note: The law is industry-neutral — all covered employers, including healthcare employers, use the same statewide thresholds: 1 employee, accrual 1 hour per 30 hours worked, cap 64 hours/year. Use the Compliance Checker to apply your headcount to the correct rule.
For hr teams onboarding new employees: New Mexico requires paid sick leave for 1 employee. No local ordinances are tracked beyond the state law. Source: https://www.dws.state.nm.us/; retrieved 2026-09-21.
Size note: Your obligation turns on the threshold "1 employee". The Compliance Checker applies your headcount automatically. Use the Compliance Checker to apply your headcount to the correct rule.
For restaurant and food-service operators with fewer than 15 employees: New Mexico requires paid sick leave for 1 employee. No local ordinances are tracked beyond the state law. Source: https://www.dws.state.nm.us/; retrieved 2026-09-21.
Industry note: The law is industry-neutral — all covered employers, including small restaurants (under 15 employees), use the same statewide thresholds: 1 employee, accrual 1 hour per 30 hours worked, cap 64 hours/year. Use the Compliance Checker to apply your headcount to the correct rule.
For restaurant groups and chains with 50 or more employees: New Mexico requires paid sick leave for 1 employee. No local ordinances are tracked beyond the state law. Source: https://www.dws.state.nm.us/; retrieved 2026-09-21.
Industry note: The law is industry-neutral — all covered employers, including large restaurants & chains (50+ employees), use the same statewide thresholds: 1 employee, accrual 1 hour per 30 hours worked, cap 64 hours/year. Use the Compliance Checker to apply your headcount to the correct rule.
For retail stores and shops with fewer than 15 employees: New Mexico requires paid sick leave for 1 employee. No local ordinances are tracked beyond the state law. Source: https://www.dws.state.nm.us/; retrieved 2026-09-21.
Industry note: The law is industry-neutral — all covered employers, including small retail (under 15 employees), use the same statewide thresholds: 1 employee, accrual 1 hour per 30 hours worked, cap 64 hours/year. Use the Compliance Checker to apply your headcount to the correct rule.
For retail chains with 50 or more employees: New Mexico requires paid sick leave for 1 employee. No local ordinances are tracked beyond the state law. Source: https://www.dws.state.nm.us/; retrieved 2026-09-21.
Industry note: The law is industry-neutral — all covered employers, including large retail & chains (50+ employees), use the same statewide thresholds: 1 employee, accrual 1 hour per 30 hours worked, cap 64 hours/year. Use the Compliance Checker to apply your headcount to the correct rule.
For clinics and healthcare practices with fewer than 15 employees: New Mexico requires paid sick leave for 1 employee. No local ordinances are tracked beyond the state law. Source: https://www.dws.state.nm.us/; retrieved 2026-09-21.
Industry note: The law is industry-neutral — all covered employers, including small healthcare (under 15 employees), use the same statewide thresholds: 1 employee, accrual 1 hour per 30 hours worked, cap 64 hours/year. Use the Compliance Checker to apply your headcount to the correct rule.
For hospitals and healthcare systems with 50 or more employees: New Mexico requires paid sick leave for 1 employee. No local ordinances are tracked beyond the state law. Source: https://www.dws.state.nm.us/; retrieved 2026-09-21.
Industry note: The law is industry-neutral — all covered employers, including large healthcare systems (50+ employees), use the same statewide thresholds: 1 employee, accrual 1 hour per 30 hours worked, cap 64 hours/year. Use the Compliance Checker to apply your headcount to the correct rule.
| Requirement | Detail |
|---|---|
| Statewide mandate | Yes |
| Employer threshold | 1 employee |
| Accrual rate | 1 hour per 30 hours worked |
| Max accrual / year | 64 hours/year |
| Paid or unpaid | paid |
| Carryover | Yes |
| Qualified reasons | Own/family illness, preventive care. |
| Effective date | Jul 1, 2022 |
| Official source | https://www.dws.state.nm.us/ ↗ |
New Mexico employers have no federal paid sick-leave floor — the FFCRA expired and the Healthy Families Act has not passed. The federal FMLA is unpaid and limited to 50+ employee employers. New Mexico's Healthy Workplaces Act (HWA, NMSA 1978 Ch. 50 Art. 17, effective Jul 1, 2022) applies to all private employers regardless of size, pays for the leave, and covers a broad set of reasons — well beyond the federal baseline.
New Mexico's HWA is the only statewide paid sick-leave law in the Four Corners region; neighbors Arizona, Colorado, Utah, and Texas have different regimes. Arizona (Prop 206) requires 1 hr/30 hrs with a 40-hour cap (24 for employers under 15). Colorado has both a 1 hr/30 hrs sick-leave standard and a separate FAMLI paid family/medical leave insurance program. Texas prohibits local paid-leave mandates (and has no state law). New Mexico's 1-in-30 accrual and 64-hour cap are among the most generous in the Southwest, and its all-employer reach (no size threshold) is broader than Arizona's.
| Year | Change |
|---|---|
| 2019 (eff. Jul 1, 2022) | Healthy Workplaces Act enacted; all private employers must provide 1 hr/30 hrs up to 64 hrs/yr; sole proprietors exempt; covered reasons include own/family illness, preventive care, and certain absences related to domestic abuse. |
| 2022–2025 | NMDWS Labor Relations Division (LRD) issues guidance and enforces; no major statutory amendment to the accrual/cap in this window. |
| 2026 | No statutory change to HWA tracked; employers should still monitor local activity and the state minimum-wage link. |
Employers in New Mexico most often trip on the items below. Amounts are typical statutory ranges — confirm the current figure with the state labor department before acting.
| Violation | Typical penalty / fine | Note |
|---|---|---|
| Denying or interfering with HWA leave | NMDWS Labor Relations Division can order back pay, reinstatement, hiring, promotion, and payment of lost wages/benefits, plus attorney fees; the Act also authorizes civil penalties for willful violations. | Assuming a small-business exemption (there is none for private employers) is a top error. |
| Retaliation | Expressly prohibited; employees may recover damages and attorney fees. | 'Use-it-or-lose-it' policies that violate carryover are a common violation. |
| Under-accrual or wrong carryover | Shorting the 1-in-30 accrual or capping carryover below the law is treated as an interference violation. | Many payroll systems still apply the old 40/24-hour assumption from other states. |
Use the button below to print or save a one-page compliance summary for New Mexico. It includes the state law table and any local ordinances above.
Yes. New Mexico requires paid sick leave for 1 employee. Accrual is 1 hour per 30 hours worked, capped at 64 hours/year, with carryover Yes.
Employees accrue 1 hour per 30 hours worked. The max accrual is 64 hours/year.
No local ordinances are tracked for New Mexico beyond the state law.
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