HR Blog Southwestern HR Consulting - Sick time for employees in New Mexico

Now that the legislative session is over, it is now time to divert our attention to the Healthy Workplaces Act (HWA).

As we have communicated previously, HWA, the Act that requires employers provide employees with 1 hour of sick time (under various circumstances) for every 30 hours worked (up to a maximum of 64 hours per year) is effective July 1, 2022. No additional legislation on this subject was introduced this session, so the Act remains as passed in 2021. As reported by SWHRC, the Department of Workforce Solutions (DWS) held a public comment period on the proposed final rule in December 2021. DWS has amended the draft final rule and will be holding an additional comment period on April 5, 2022 from 1:00 pm-3:00 pm at the Human Rights Bureau in Santa Fe and online.

One hour of sick time is required to be provided by employers for every 30 hours worked - up to a maximum of 64 hours per year.

One hour of sick time is required to be provided by employers for every 30 hours worked – up to a maximum of 64 hours per year.

If you would like to participate, please contact the Wage and Hour Bureau at 505-841-4400. They will be able to provide you with the link and password, if you prefer to participate online. Please see this link to the most recent draft upon which they will be taking comments. Based upon conversation with DWS, they plan to put together an informational packet for employers and an informational packet for employees prior to the effective date. I would expect to likely see something in May, after DWS has had a chance to take the comments into account and make updates to the final rule. We will continue tracking this regulation and reporting information on the SWHRC site as it becomes available.

Reach out to our HR professionals for consultation and assistance with any Human Resource needs.


Magdalena Vigil-Tullar

Written by | Magdalena Vigil-Tullar

HR Consultant | MBA, SPHR, SHRM-SCP, CLRP

Phone: 505-270-7494 | Email: magdalena@swhrc.com

PO Box 14274 | Albuquerque, NM 87191

SWHRC - We Keep HR Simple!

Compliance employee safety Healthy Workplaces Act Human Resources