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Can I offer unlimited vacation time to my employees in New Mexico? What are the requirements?

Based on the documents provided, there are no specific requirements or restrictions on offering unlimited vacation time to employees in New Mexico. However, it is important to note that employers must comply with state and federal laws regarding leave policies, including sick leave, annual leave, family medical leave, workers’ compensation leave, and any other applicable laws.

Sick Leave

Employees in New Mexico are entitled to accrue sick leave from the first day of employment [2.3]. Sick leave may be used for an illness, injury, or medical treatment of an employee or a family member, as well as for bereavement or medical care of a relation by blood or marriage within the third degree or person residing within the employee’s household [2.3]. Abuse of sick leave may be grounds for dismissal [2.3].

Annual Leave

All eligible employees in New Mexico, except those in temporary positions, shall accrue annual leave from the first day of employment [2.1]. The rate of annual leave accrual depends on the length of service and ranges from 4.62 hours per pay period to 6.46 hours per pay period [2.1]. Annual leave shall be accrued at the end of each pay period or on the last working day of the month depending on which alternative the district attorney chooses [2.1]. The maximum carryover of accrued annual leave from one calendar year to the next is no more than two hundred forty (240) hours. Any excess must be used before the end of each calendar year or it shall be forfeited [2.1].

Family Medical Leave

Eligible employees in New Mexico are entitled to leave in accordance with the Family and Medical Leave Act (FMLA) of 1993 [2.4]. Eligible employees are those who have been employed in either the executive, judicial, or legislative branches of New Mexico state government or any local public body within New Mexico for at least one thousand two hundred fifty (1,250) hours during the consecutive twelve (12) month period immediately preceding the start of FMLA leave [2.4]. Eligible employees are entitled to a total of twelve (12) weeks of FMLA leave in a twelve (12) month period for the following reasons: birth of a child, placement of an adopted child, an employee’s serious health condition or the serious health condition of a family member, as defined in the FMLA [2.4]. FMLA leave may be comprised of any combination of sick leave, annual leave, or leave without pay and must be requested and pre-approved at least thirty (30) days in advance, except in the case of emergencies [2.4].

Workers’ Compensation Leave

An employee who sustains a job-related disability and is temporarily unable to perform his/her regular duties shall, after the first seven days of disability, be eligible to receive workers’ compensation benefits as provided by New Mexico law [2.5]. In order to preclude loss of pay during the first seven days, the employee may use sick leave, annual leave, compensatory time or any combination thereof. If there are no paid leave accruals, the employee shall be placed on leave without pay for the initial seven-day period plus the subsequent duration of disability [2.5].

In summary, while there are no specific requirements or restrictions on offering unlimited vacation time to employees in New Mexico, employers must comply with state and federal laws regarding leave policies, including sick leave, annual leave, family medical leave, workers’ compensation leave, and any other applicable laws.

Source(s):
Jurisdiction

New Mexico