SB3 passes in the New Mexico Legislative Session

SB3 with amendments was passed in the Senate with 25 senators giving a “yes” vote and 15 giving a “no” vote on Friday, February 9, 2024. It was sent to the House and Human Services Committee on Saturday. HB6 and HB11 show no further movement. 

Some items to note in the amendment for SB3 include the allowance of leave to be taken in less than 8 hour increments, the removal of exigency leave related to military leave, and simplification to the language regarding the Department of Workforce Solutions Implementation Advisory Committee. The Committee will consist of four representatives of employers and four representatives of employees.

In addition, the amendment states that, while employees are eligible for a “maximum of 12 weeks of leave in an application year” starting “January 1, 2027,” that “In calendar years 2027 and 2028” covered individuals “shall be eligible for a maximum of nine weeks of medical leave or safe leave in an application year.” We’ll see if further clarification is communicated on the language above. However, the verbiage following states that the leave will “remain at nine weeks per application year” until an “annual financial analysis determines that the fund is solvent…” The language indicates that at the point solvency is determined, then “maximum leave compensation for the following calendar year and thereafter shall be increased to twelve weeks.”

Southwestern HR Consulting (SWHRC) will continue tracking this item. Follow us through LinkedIn or on our site at

Magdalena Vigil-Tullar

Written by | Magdalena Vigil-Tullar


Phone: 505-270-7494 | Email:

PO Box 14274 | Albuquerque, NM 87191

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Medical Leave NM Legislative Session