NM Legislative Session: Paid Family Leave

5 months ago

Happy day after the Super Bowl, everyone. A check for new bills from Super Bowl Sunday did not turn up anything additional, leaving us the ability to talk further about the New Mexico Paid Family and Medical Leave Act (PFMLA).

The PFMLA is similar to the Federal Family Medical Leave Act (FMLA). However, while the FMLA is unfunded, the intent is that the New Mexico Paid Family Medical Leave would be funded. Money has been earmarked from the legislature for the start-up of this program. However, the employee will pay a portion (½ % of their salary), and the employer will pay a portion (4/10% of the employee’s salary).

As previously noted, the PFMLA will cover employers with five or more employees whether the employer is a private or public entity. Employers with a program that is existing that has the same elements as what are covered under the Act, may apply for a waiver.

If passed in its current format, HB 11 is set to begin January 1, 2028. However, the deductions will begin January 1, 2027. While the intent is to move all elements of the plan to a maximum of twelve weeks of leave, certain elements will begin with nine weeks of leave until a determination that the program is solvent is made.

Employees who meet the requirements will be eligible to receive leave compensation based on the employee’s average weekly wages during the twelve months preceding the date of the claim. The Department of Workforce Solutions will manage the program. If passed, we will be joining a growing trend of other states (14) with similar acts.

Southwestern HR Consulting (SWHRC) will continue monitoring HR related bills during this session. Contact SWHRC today at the link above to find out more about our services and our team of experts.