Those of you who may have been tracking the New Mexico Legislature over the past few years
are probably already aware of HB 38, Paid Family and Medical Leave. The New Mexico
Department of Workforce Solutions was designated to coordinate a task force
for the purposes of providing recommendations to law makers about this bill which provides an additional
twelve weeks of paid time to New Mexico employees for reasons of family and medical leave.
The task force provided their recommendations on Monday, November 28, 2022, in a 98-page

The task force has recommended that workers pay 0.5% of their pay into the program while
employers pay 0.4% so that the employee can receive their pay or a portion of their pay,
dependent on their wage, if they need time off for a qualifying event.
The task force recommended all employers be included regardless of size. So, while employees
working in small businesses (businesses with five or less employees and the self-employed)
would be eligible for the program, the task force has recommended that the requirement of
these businesses paying into the program be waived. The document recommends a revised
implementation date to January 1, 2026. Many of the recommendations referenced adopting
current elements from the Bill. This leave appears to be separate from the recently enacted
Healthy Workplaces Act/Paid Sick Leave that was effective July 1, 2022.

Expect to see updated proposed legislation relating to HB 38 in 2023’s legislative session.
Southwestern HR Consulting will continue monitoring this and other HR relevant legislation
from the Roundhouse. If you have questions regarding HR compliance, contact us at SWHRC

Magdalena Vigil-Tullar

Written by | Magdalena Vigil-Tullar


Phone: 505-270-7494 | Email:

PO Box 14274 | Albuquerque, NM 87191

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