SB 11 — PAID FAMILY & MEDICAL LEAVE ACT

N.l ] b ,d i a º e r i = r SFCº N.»SFC SFCºO.»SFC "secretary" means the t e w d m a n o secretary of workforce solutions;

"secretary"d meansm the: secretary of workforce solutions;

O.b e d s º o t n = .223784.6AIC March 5, 2023 (2:31pm) s k m e - 5 - e a n e d r e l u [ A d SFCºO.»SFC SFCºP.»SFC "serious health condition" means an illness, injury, impairment or physical or mental condition that involves:

"serious(1) healthinpatient condition"care meansin ana illness,hospital, ehospice t 17 injury, impairment or physicalresidential ormedical mentalfacility; condition that w l n d 18 involves:

=or =(2) 19continuing atreatment lby (1)a inpatienthealth care inprovider; a hospital, hospice or i a e r 20 residential medical facility;

orSFCº aP.»SFC tSFCºQ.»SFC m"spouse" mmeans 21a (2)partner continuingto treatment by a healthlawful caremarriage; d r e 22 provider;

cand eSFCºQ.»SFC sSFCºR.»SFC k"wages" 23means P.all remuneration for services, including commissions, bonuses or unpaid loans to employees and the cash value of all remuneration in any medium other than cash.

"spouse" means a partner to a lawful marriage;

e a n b 24 and u [ Q.

"wages" means all remuneration for services, .223784.6 - 5 - including commissions, bonuses or unpaid loans to employees and the cash value of all remuneration in any medium other than cash.

[NEW MATERIAL]MATERIAL ] PAID FAMILY AND MEDICAL LEAVE FUND--CREATION.-- A.

The "paid family and medical leave fund" is created in the state treasury and shall be administered by the h g department.

The fund shall be held for the benefit of the o t hr employees who paid into the fund and shall consist of all g e i k revenue collected and attributable to the Paid Family and h r i s h Medical Leave Act.

Money in the fund shall be invested by the , t, e u g state investment officer.

Income from investment of the fund e b l e e h shall be credited to the fund.

n d d i = = o h B.

Money in the fund is appropriated to the l ] b ,d i a º e r i = r department to distribute leave compensation pursuant to the t e w d m a n o Paid Family and Medical Leave Act and to cover the costs of e t 17 administration and outreach for the paid family and medical w l n d 18m leave: program pursuant to that act.

=b e d s º o t n = 19.223784.6AIC March 5, 2023 (2:31pm) s k m e - 6 - e a n e d r e l C.u [ A d administration and outreach for the paid family and medical leave program pursuant to that act.

MoneyC. shall be disbursed from the fund only on i a e r 20 warrant issued by the department of finance and administration a t m m 21 pursuant to vouchers signed by the secretary or the secretary's d r e 22 authorized representative.

AnyMoney unexpendedshall orbe unencumbereddisbursed cfrom ethe sfund konly 23on balancewarrant remainingissued atby the enddepartment of afinance fiscaland yearadministration shallpursuant notto revertvouchers esigned aby nthe bsecretary 24or to the generalsecretary's fund.authorized representative.

uAny [unexpended D.or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

BeginningD. January 1, 2027, and not later than .223784.6 - 6 - October 1 of each calendar year, the secretary shall ensure and maintain the self-sufficiency and solvency of the fund by:

Beginning January 1, 2027, and not later than October 1 of each calendar year, the secretary shall ensure and maintain the self-sufficiency and solvency of the fund by:

and (2) setting the premium for the following calendar year, based on the percentage of employee wages and at the rate necessary to obtain a total amount of contributions equal to one hundred thirty-five percent of the benefits paid h g during the previous fiscal year and all administrative costs o t hr for payment of those benefits during the previous fiscal year, g e i k minus the amount of net assets remaining in the fund as of June h r i s 30 of the current calendar year.

For purposes of this h , t, e u g paragraph, the costs of administration include the costs of e b l e e h repayment of interest and principal on general fund n d d i = = o h appropriations pursuant to Section 15 of this 2023 act.

l ] b ,d i a º e r i = r SECTION 4.

[NEW MATERIAL]MATERIAL ] APPLICABILITY--CONTRIBUTIONS TO t e tw 17d m a n o FUND--REMITTANCE OF CONTRIBUTIONS--EXEMPTION FOR PRIVATELY RUN w l n d 18m PROGRAMS--REQUIREMENTS: OF PRIVATELY RUN PROGRAMS.-- = = 19 a l A.

Theb Paide Familyd ands Medicalº Leaveo Actt appliesn i= .223784.6AIC March 5, 2023 (2:31pm) s k m e - 7 - e a n e d r 20e to:l u [ A d PROGRAMS--REQUIREMENTS OF PRIVATELY RUN PROGRAMS.-- A.

aThe tPaid mFamily m 21 (1) all public and privateMedical employeesLeave whoAct areapplies dto: r e 22 subject to state jurisdiction, except those employees who are c e s k 23 employed by the United States;

e(1) aall npublic band 24private (2) the employers of employees aswho describedare insubject uto [state Paragraphjurisdiction, (1)except ofthose thisemployees subsection,who whetherare oremployed notby the employerUnited .223784.6States; - 7 - is physically located in the state;

(2) the employers of employees as described in Paragraph (1) of this subsection, whether or not the employer is physically located in the state;

and (4) SFCº tribal governments, wholly or partially located in New Mexico,Mexico,»SFC SFCºIndian tribes»SFC that elect to be covered, or to terminate coverage, in the program for their employees.

Beginning January 1, 2025 and for each calendar quarter thereafter until January 1, 2028, there is assessed h g against each employee one-half percent of the employee's o t hr STBTCº earnings.

An employee's contribution to the fund shall g e i k not be deducted from the employee'semployee's»STBTC leaveSTBTCºwages. compensation.

BeginningAn Januaryh 1,r 2028i ands forh each calendar quarter thereafter, there is assessed against each employee anshall assessmentnot onbe therequired employee'sto earningsmake atcontributions fifty-fiveto percent of the premium, sett, bye theu secretaryg pursuantfund Subsectionfrom»STBTC Dleave ofcompensation. Section 3 of the Paid Family and Medical Leave Act.

Beginning January 1, 2028 e b l e e h and for each calendar quarter thereafter, there is assessed n d d i = = o h l ] b ,d against each employee an assessment on the employee's i a º e r i = r STBTCºearnings»STBTC STBTCºwages»STBTC at fifty-five percent t 17e C.w d m a n o of the premium set by the secretary pursuant STBTCº to»STBTC d m :

Beginningb Januarye 1,d 2025s andº foro eacht calendar w l n d= 18.223784.6AIC quarterMarch thereafter5, until2023 January(2:31pm) 1,s 2028,k therem ise assessed- =8 =- 19e a ln againste eachd employerr withe fivel oru more[ employeesA and amountSubsection iD aof eSection r3 20 equal to four-tenths percent of eachthe participatingPaid employee'sFamily aand tMedical mLeave mAct. 21 earnings.

BeginningC. January 1, 2028 and for each calendar year d r e 22 thereafter, there is assessed against each employer with five c e s k 23 or more employees an amount equal to each participating e a n b 24 employee's earnings at forty-five percent of the premium set by u [ the secretary under Subsection D of Section 3 of the Paid .223784.6 - 8 - Family and Medical Leave Act.

D.Beginning January 1, 2025 and for each calendar quarter thereafter until January 1, 2028, there is assessed against each employer with five or more employees an amount equal to four-tenths percent of each participating employee's STBTCº earnings»STBTC STBTCºwages»STBTC .

Beginning January 1, 20252028 and for each calendar quarteryear thereafterthereafter, until January 1, 2028, there is assessed against each self-employedemployer individualwith asfive describedor inmore Paragraphemployees (3)an ofamount Subsectionequal Ato ofeach thisparticipating sectionemployee's one-halfSTBTCº earnings»STBTC STBTCºwages»STBTC at forty-five percent of the individual'spremium netset incomeby asthe designatedsecretary byunder Subsection D of Section 3 of the self-employedPaid individual.Family and Medical Leave Act.

BeginningSTBTCºAn Januaryemployer 1,shall 2028not andrecover, foror eachseek calendarto quarterrecover, thereafter,any thereamounts is assessed against eachemployers self-under employed individual as described in Paragraph (3) Subsection A of this sectionsubsection anfrom assessment on the individual'semployer's netemployees.»STBTC incomeD. as designated by the self-employed individual at fifty-five percent of the premium set by the secretary under Subsection D of Section 3 of the Paid Family and Medical Leave Act.

Beginning January 1, 2025 and for each calendar h g quarter thereafter until January 1, 2028, there is assessed o t hr against each self-employed individual as described in Paragraph g e i k (3) of Subsection A of this section one-half percent of the h r i s h individual's net income as designated by the self-employed , t, e u g individual.

Beginning January 1, 2028 and for each calendar e b l e e h quarter thereafter, there is assessed against each self- n d d i = = o h l ] b ,d employed individual as described in Paragraph (3) Subsection A i a º e r i = r of this section an assessment on the individual's net income as t e w d m a n o designated by the self-employed individual at fifty-five d m :

b e d s º o t n = .223784.6AIC March 5, 2023 (2:31pm) s k m e - 9 - e a n e d r e l u [ A d percent of the premium set by the secretary under Subsection D of Section 3 of the Paid Family and Medical Leave Act.

The contributions of employees and employers shall be remitted by the employer following the end of each quarter for which the contributions are deducted and on a date e t 17 determined by the secretary.

w l n d 18 F.

The contributions of self-employed individuals = = 19 a l shall be remitted by the individual following each end of the i a e r 20 quarter for which the contributions are deducted and on a date a t m m 21 determined by the secretary.

A self-employed individual shall d r e 22 not be required to make contributions STBTCº to the fund»STBTC from leave compensation.

c e s k 23 G.

An employer that has adopted and operates a paid e a n b 24 family and medical leave plan or program for the benefit of its u [ employees that provides leave and leave compensation equalSFCº toequal»SFC .223784.6SFCºsubstantially -similar»SFC 9to - or greater than the leave and leave compensation offered under the Paid h g Family and Medical Leave Act may apply for a waiver to exempt o t hr the employer and its employees from participating in the paid g e i k family and medical leave program.

The employer shall apply and h r i s h provide supporting documentation to the department for , t, e u g exemption each calendar year.

e b l e e h H.

An employer granted a waiver pursuant to n d d i = = o h Subsection G of this section and the employer's employees shall havel the] sameb rights,d andi protectionsa enjoyedº bye employersr andi employees= coveredr underhave the Paidsame Familyrights and Medicalprotections Leaveenjoyed Act,by includingemployers theand rightt toe appealw d m a waivern grantedo oremployees deniedcovered byunder Subsectionthe GPaid ofFamily thisand sectionMedical toLeave thed department.m :

b e d s º o t n = .223784.6AIC March 5, 2023 (2:31pm) s k m e - 10 - e a n e d r e l u [ A d Act, including the right to appeal a waiver granted or denied by Subsection G of this section to the department.

(1) the employee is covered by a privately run e t 17 leave program rather than a public plan;

w l n d 18 (2) employees may apply to the employer for = = 19 a l leave;

i a e r 20 (3) employers must provide leave and leave acompensation tSFCº mequal»SFC mSFCºsubstantially 21similar»SFC compensation equal to or greater than that granted to employees d r e 22 under the Paid Family and Medical Leave Act;

and c e s k 23 (4) employees may appeal to the department if e a n b 24 any right granted under the Paid Family and Medical Leave Act u [ is violated.

.223784.6 - 10 - J.

A paid family and medical leave plan that is h g privately operated, as described in Subsection G of this o t hr section, shall not:

g e i k (1) require an employee to pay more for h r i s private coverage than the employee would pay through h , t, e u g contribution to the fund as described in Subsection B of this e b l e e h section;

or n d d i = = o h (2) impose additional restrictions or l ] b ,d i a º e r i = r conditions on leave or leave compensation beyond those t e w d m a n o explicitly authorized by state law.

K.d m :

b e d s º o t n = .223784.6AIC March 5, 2023 (2:31pm) s k m e - 11 - e a n e d r e l u [ A d K.

Nothing in this section shall be construed to prohibit an employer without a waiver from providing e t 17 supplemental leave compensation or extended length of leave to w l n d 18 employees receiving compensation from the department.

= = 19 a l SECTION 5.

[NEW MATERIAL]MATERIAL ] ELIGIBILITY--LEAVE COMPENSATION i a e r 20 CALCULATION--LEAVE DURATION--DOCUMENTATION REQUIRED--NOTICE OF a t m m 21 DETERMINATION.-- d r e 22 A.

Beginning January 1, 2026, the department shall c e s k 23 provide leave compensation to an eligible employee who takes e a n b 24 leave after the employee, in accordance with the provisions of u [ the Paid Family and Medical Leave Act and department rules, .223784.6 - 11 - has:

(1) filed a claim for leave compensation h g approved by the department;

o t hr (2) certified that the employee will not g e i k obtain new employment or enter into any new independent h r i s contractor agreements during the time the employee receives h , t, e u g leave compensation pursuant to the Paid Family and Medical e b l e e h Leave Act, except with regard to intermittent leave;

and n d d i = = o h (3) contributed to the fund for at least six l ] b ,d i a º e r i = r months during any employment in the twelve-month period prior t e w d m a n o to submitting an application.

B.d m :

b e d s º o t n = .223784.6AIC March 5, 2023 (2:31pm) s k m e - 12 - e a n e d r e l u [ A d B.

e t 17 (1) filed a claim for leave compensation w l n d 18 approved by the department;

= = 19 a l (2) certified that the self-employed i a e r 20 individual will not commence new employment or enter into new a t m m 21 independent contractor agreements related to work performed by d r e 22 the individual during the time the self-employed individual c e s k 23 receives leave compensation pursuant to the Paid Family and e a n b 24 Medical Leave Act, except with regard to intermittent leave;

u [ and .223784.6 - 12 - (3) contributed to the fund for at least six months during the twelve-month period prior to submitting an application, not including contributions made for other h employment that the self-employed individual will continue u » r t h during the leave.

g e l i C.

An employee or self-employed individual is h r i s eligible for a maximum of twelve weeks of leave compensation h , e h t u g during any twelve-month period;

provided that an employee or e b l e e , gh self-employed individual may receive leave compensation for n d d i = = o h leave taken intermittently and is not required to use twelve l ] b ,d i a º r weeks of leave at any one time.

e r = t e w d m a n o D.

An employee or self-employed individual may received leavem compensation: for intermittent leave in increments of no fewer than four hours.

b r e t º o t n = .223784.6AIC March 5, 2023 (2:31pm) s k m e - 13 - e a n e d r e l u [ A d receive leave compensation for intermittent leave in increments of no fewer than SFCºfour»SFC SFCºeight»SFC hours.

e t 17 (1) the employee or self-employed individual w l n d 18 files a fraudulent claim for leave or has filed a fraudulent = = 19 a l claim for leave within the previous three years;

i a e r 20 (2) the employee or self-employed individual a t m m 21 is receiving unemployment insurance benefits during the period d r e 22 for which the claim for leave is filed;

orSfl1º cor»Sfl1 e s k 23 (3) during leave, the employee or self- e a n b 24 employed individual does not provide the care or use leave as u [ described in the employee's application for leave.

.223784.6Sfl1º; - 13 - F.

The(4) departmentthe shall issue leave compensation fromwould duplicate the fundamount tothe anemployee eligibleor employeeself-employed whoseindividual claimis receiving or has beenreceived approvedin astemporary follows:total disability benefits from a workers' compensation claim for the same time period;

(1)or theh calculationg of(5) weeklythe leave compensation shallduplicates bewhat basedthe ono thet employee'shr averageemployee weeklyis earning or has earned in wages duringfor the twelvesame monthstime immediatelyg precedinge thei datek ofperiod.»Sfl1 theh claimr fori leave.s h F.

The department shall issue leave compensation , t, e u g from the fund to an eligible employee whose claim has been e b l e e h approved as follows:

n d d i = = o h l ] b ,d (1) the calculation of weekly leave i a º e r i = r compensation shall be based on the employee's average weekly t e w d m a n o wages during the twelve months immediately preceding the date d m :

b e d s º o t n = .223784.6AIC March 5, 2023 (2:31pm) s k m e - 14 - e a n e d r e l u [ A d of the claim for leave.

(2) an eligible employee's weekly leave compensation shall equal one hundred percent of the e t 17 compensation that would be paid to a non-tipped, state- w l n d 18 minimum-wage-earning employee, pursuant to Section 50-4-22 NMSA = = 19 a l 1978, working the same number of hours per week as the i a e r 20 employee, plus sixty-seven percent of the employee's average aSTBTCº t m m 21 wages per weekweek»STBTC STBTCºweekly wages»STBTC greater than the non-tipped, state minimum wage d r e 22 compensation;

and c e s k 23 (3) the maximum amount of weekly leave eh a n b 24 compensation shall be no more than the annual mean wage of all u [» r t h occupations in New Mexico as calculated by the United States .223784.6g -e 14l -i bureau of labor statistics state occupational employment and h r i s wage estimates for the most recent year available divided by h , e h t u g fifty-two.

e b l e e , gh G.

The department shall issue leave compensation n d d i = = o h from the fund to self-employed individuals as follows:

l ] b ,d i a º r e r = (1) a self-employed individual shall determine t e w d m a n o the annual net income to be used by the department when the self-employedd individualm enrolls: in the paid family and medical leave program.

b r e t º o t n = .223784.6AIC March 5, 2023 (2:31pm) s k m e - 15 - e a n e d r e l u [ A d self-employed individual enrolls in the paid family and medical leave program.

(3) a self-employed individual's weekly leave compensation shall equal one hundred percent of the e t 17 compensation that would be paid to a state-minimum-wage-earning w l n d 18 employee, pursuant to Section 50-4-22 NMSA 1978, working full = = 19 a l time each week, plus sixty-seven percent of the self-employed i a e r 20 individual's net income per week greater than the state minimum a t m m 21 wage compensation;

and d r e 22 (4) the maximum amount of weekly leave c e s k 23 compensation shall be no more than the annual mean wage of all e a n b 24 occupations in New Mexico as calculated by the United States uh [g bureau of labor statistics state occupational employment and .223784.6o -t 15hr - wage estimates for the most recent year available divided by g e i k fifty-two.

h r i s H.

When an employee, self-employed individual or h , t, e u g authorized representative submits a claim for leave e b l e e h compensation, the employee or self-employed individual shall n d d i = = o h provide the department with:

(1)l if] theb applicant,d isi an employee, a recordº ofe totalr earnings,i the= totalr number(1) ofif weeksthe workedapplicant andis thean averageemployee, numbera ofrecord hourst workede perw weekd duringm thea previousn twelveo monthsof intotal theSTBTCº employmentearnings»STBTC fromSTBTCºwages»STBTC which, the employeetotal seeksd leave;m :

b e d s º o t n = .223784.6AIC March 5, 2023 (2:31pm) s k m e - 16 - e a n e d r e l u [ A d number of weeks worked and the average number of hours worked per week during the previous twelve months in the employment from which the employee seeks leave;

The department shall notify the employer and e t 17 employee or self-employed individual in writing within ten w l n d 18 business days of application:

= = 19 a l (1) if approved, and shall notify the employee i a e r 20 or self-employed individual of the amount of leave compensation a t m m 21 that the employee or self-employed individual is eligible to d r e 22 receive biweekly;

provided that an eligible employee or self- c e s k 23 employed individual shall begin receiving leave compensation e a n b 24 within ten business days of the date of submission of a u [ properly completed application or ten business days after .223784.6h - 16 - approved leave begins;

u » r t h (2) if denied, and shall notify the employee g e l i or self-employed individual of the grounds for denying the h r i s employee's or self-employed individual's application for h , e h t u g eligibility and of the employee's or self-employed individual's e b l e e , gh right to appeal;

and n d d i = = o h (3) if further information or supporting l ] b ,d i a º r documentation is required to determine the employee's or self- e r = t e w d m a n o employed individual's eligibility for paid leave or the amount ofd leavem compensation;:

b r e t º o t n = .223784.6AIC March 5, 2023 (2:31pm) s k m e - 17 - e a n e d r e l u [ A d of leave compensation;

Every individual filing a new claim for leave compensation shall, at the time of filing such claim, be e t 17 advised in writing that:

w l n d 18 (1) leave compensation may be subject to = = 19 a l federal and state income taxes;

i a e r 20 (2) requirements exist pertaining to estimated a t m m 21 tax payments;

d r e 22 (3) the individual may elect to have federal c e s k 23 income tax deducted and withheld from the individual's leave e a n b 24 compensation payments at the amount specified in the Internal u [ Revenue Code of 1986;

and .223784.6 - 17 - (4) the individual is permitted to change a h g previously elected withholding status one time during each o t hr benefit year.

g e i k K.

Amounts deducted and withheld from leave h r i s compensation shall remain in the fund until transferred to the h , t, e u g federal internal revenue service.

e b l e e h L.

The department shall follow all procedures n d d i = = o h specified by the United States department of labor and the l ] b ,d i a º e r i = r federal internal revenue service pertaining to the deducting t e w d m a n o and withholding of income tax.

SECTIONd 6.m :

b e d s º o t n = .223784.6AIC March 5, 2023 (2:31pm) s k m e - 18 - e a n e d r e l u [ A d SECTION 6.

The department shall require an employee or self-employed individual who seeks family leave compensation to provide, in accordance with department rules, evidence of the birth or adoption of a child or placement of a foster child e t 17 with the employee or verification by a health care provider w l n d 18 that a family member has a serious health condition that = = 19 a l supports the employee's or self-employed individual's claim for i a e r 20 leave compensation.

a t m m 21 B.

The department shall require an employee or d r e 22 self-employed individual who seeks medical leave compensation c e s k 23 to provide, in accordance with department rules, verification e a n b 24 by a health care provider that the employee or self-employed u [ individual has a serious health condition that supports the .223784.6 - 18 - employee's or self-employed individual's claim for leave compensation.compensation Sfl2º ;

C.provided that any verification by a health h care provider include a timeline for a return to work»Sfl2 .

Theu department» shallr requiret anh employeeC. or self-employed individual who seeks safe leave compensation to provide, in accordance with department rules, a police report, a court-issued document or a signed statement from a victim services organization, a clergy member, an attorney, an advocate, the employee or self-employed individual, a family member of the employee or self-employed individual or other person that supports the employee's or self-employed individual's claim for leave compensation.

The department shall require an employee or g e l i self-employed individual who seeks safe leave compensation to h r i s provide, in accordance with department rules, a police report, h , e h t u g a court-issued document or a signed statement from a victim e b l e e , gh services organization, a clergy member, an attorney, an n d d i = = o h advocate, the employee or self-employed individual, a family l ] b ,d i a º r e r = member of the employee or self-employed individual or other t e w d m a n o person that supports the employee's or self-employed d m :

b r e t º o t n = .223784.6AIC March 5, 2023 (2:31pm) s k m e - 19 - e a n e d r e l u [ A d individual's claim for leave compensation.

However, the employee, e t 17 the self-employed individual or an authorized representative of w l n d 18 either may review the records or receive specific information = = 19 a l from the records upon the presentation of the employee's or i a e r 20 self-employed individual's signed authorization.

a t m m 21 E.

Employee information gathered by a private d r e 22 employer pursuant to the Paid Family and Medical Leave Act c e s k 23 shall be kept confidential by the employer;

provided that e a n b 24 confidential records may be used by department employees in the u [ performance of their duties.

.223784.6 - 19 - SECTION 7.

[NEW MATERIAL]MATERIAL ] EMPLOYEE NOTICE TO EMPLOYER-- REDUCTION OF OTHER LEAVE PROHIBITED.-- h g A.

Beginning January 1, 2026, an employer shall o t hr allow an employee to take up to a combined total of twelve g e i k weeks of family leave, medical leave and safe leave during any h r i s twelve-month period.

An employee may take leave intermittently h , t, e u g in increments of no fewer than fourSFCº four»SFC SFCºeight»SFC e b l e e h hours and is not required to use twelve weeks of leave at any n d d i = = o h one time.

l ] b ,d i a º e r i = r B.

t e w d m a n o (1) make a reasonable effort to schedule leave sod asm not: to unduly disrupt the operations of the employer;

b e d s º o t n = .223784.6AIC March 5, 2023 (2:31pm) s k m e - 20 - e a n e d r e l u [ A d so as not to unduly disrupt the operations of the employer;

and (3) provide the employer with STBTCº a copy of the employee's application for leave.leave»STBTC STBTCºdocumentation of the approved leave compensation request pursuant to department rules»STBTC .

e t 17 C.

The employer has the right to appeal wSfl1ºa»Sfl1 l n d 18 determination to the department within thirty calendar days = = 19 a l after receipt of the employee's application for leave.

i a e r 20 D.

LeaveSTBTCºLeave taken shall not result in a reduction of athe ttotal mamount mof 21leave to which an employee is entitled in excess of the amount of leave actually taken»STBTC STBTCº Leave taken pursuant to the Paid Family and Medical Leave Act shall not result in a reduction of the total amount of h u leave to which an employee is otherwise entitled inpursuant dto » r t h contract, policy, collective bargaining agreement or other law g e 22l i or rule in excess of the amount of leave actually taken;taken h r i s h , pursuant to the Paid Family and Medical Leave Act»STBTC ;

providede thath ant cu eg sprovided kthat 23an employer subject to the federal Family and Medicale Leaveb Actl ofe e a, ngh bMedical 24Leave Act of 1993 may require an employee who takes n d d i = = o h l ] b ,d leave and receives leave u [ compensation under the Paid Family and Medicali Leavea Actº thatr .223784.6e -r 20= -Medical Leave Act that also qualifies for leave under the federalt Familye andw Medicald Leavem Acta ofn 1993o tod takem leave: concurrently.

E.b r e t º o t n = .223784.6AIC March 5, 2023 (2:31pm) s k m e - 21 - e a n e d r e l u [ A d federal Family and Medical Leave Act of 1993 to take leave concurrently.

STBTCºAn employer shall not require an employee to exhaust any other leave entitlement prior to granting leave pursuant to the Paid Family and Medical Leave Act.»STBTC E.

[NEW MATERIAL]MATERIAL ] RETURN TO EMPLOYMENT.-- A.

Upon an employee's return after leave,leave SFCº or upon completion of an intermittent leave claim»SFC , an h g employer shall notify the department that the employee has o t hr returned to work within ten business days.

g e ti 17k C.

An employer that has employed an employee for wh lr ni ds 18h ninety days or more,more STBTCº ,»STBTC prior to the commencement of an, employee'st, =e =u 19g aan lemployee's leave,leave STBTCº ,»STBTC shall:

ie ab l e re 20h (1) restore the employee to the position held an td md mi 21= = o h l ] b ,d by the employee when the leave was commenced;

or di ra º e 22r i = r (2) place the employee in a position for which ct e sw kd 23m a n o employee benefits, wages or other terms and conditions of ed am n: b 24 employment are equivalent to or greater than those provided in u [ the position from which the employee took leave.

.223784.6b e d s º o t n = .223784.6AIC March 5, 2023 (2:31pm) s k m e - 2122 - D.e a n e d r e l u [ A d employment are equivalent to or greater than those provided in the position from which the employee took leave.

D.

Nothing in this section shall prohibit an employer from requiring an employee who uses leave to report h g periodically to the employer on the status and intention of the eo t 17hr employee to return to work.

wg le ni dk 18 G.

An employer shall pay its share of health =h =r 19i as l insurance premiums and maintain an employee's health coverage ih a, t, e ru 20g while the employee is on leave pursuant to the Paid Family and ae tb ml me 21e h Medical Leave Act under terms that the employee would have n d rd ei 22= = o h received if the employee had not taken leave.

The employee on cl ] b ,d i a º e sr ki 23= r leave shall pay the same share of premium payments as the t e w d m a n bo 24 employee would have paid if the employee were not on leave.

ud [m SECTION: 9.

[NEWb MATERIAL]e INTERFERENCEd ANDs RETALIATIONº .223784.6o t n = .223784.6AIC March 5, 2023 (2:31pm) s k m e - 2223 - PROHIBITED.--e A.a n e d r e l u [ A d SECTION 9.

[NEW MATERIAL] INTERFERENCE AND RETALIATION PROHIBITED.-- A.

(2) communicating to the employer or any other eh tg 17 person or entity an intent to file a claim, a complaint with wo lt nhr d 18 the department or courts or an appeal;

=g =e 19i ak l (3) testifying, planning to testify or ih a e r 20i s assisting at any time in any investigation, hearing or ah t, mt, me 21u g proceeding under the Paid Family and Medical Leave Act;

de rb l e 22e h (4) informing any person about an employer's cn ed sd ki 23= = o h alleged violation of the Paid Family and Medical Leave Act;

and el ] b ,d i a nº be 24r i = r (5) informing any person of the person's ut [e w d m a n o rights under the Paid Family and Medical Leave Act.

.223784.6d -m 23: - D.

b e d s º o t n = .223784.6AIC March 5, 2023 (2:31pm) s k m e - 24 - e a n e d r e l u [ A d D.

The protections provided in this section shall apply to any person who reasonably but mistakenly,mistakenly Sfl1º ,»Sfl1 alleges violations of the Paid Family and Medical Leave Act.

[NEW MATERIAL]MATERIAL ] ADVERSE DETERMINATIONS--APPEAL PROCEDURES--ADMINISTRATIVE ACTIONS--DEPARTMENTAL DISCIPLINARY POWERS.-- A.

An employee, a self-employed individual or authorized representative named in an application for leave may e t 17 appeal an adverse determination of that application to the wh lg n d 18 department as follows:

=o =t 19hr a l (1) the aggrieved party shall:

ig a e ri 20k (a) file an appeal in writing with the ah tr mi ms 21h department within fifteen business days of receiving notice of d, rt, e 22u g the adverse decision;

c e sb kl 23e e h (b) set forth the reasons for appeal;

en ad nd bi 24= = o h and ul [] b ,d i a º e r i = r (c) provide notice to all parties that .223784.6t -e 24w -d m a n o an appeal has been filed;

and (2)d them secretary: or authorized representative may:

b e d s º o t n = .223784.6AIC March 5, 2023 (2:31pm) s k m e - 25 - e a n e d r e l u [ A d (2) the secretary or authorized representative may:

An aggrieved party, including an employee or former employee, or the department on its own motion may bring an administrative action for an alleged violation of the Paid Family and Medical Leave Act under a public or privately run e t 17 leave program as follows:

w l n d 18 (1) the aggrieved party or the department =h =g 19 a l shall:

io at ehr r 20 (a) file a complaint allegingSfl1º aSTBTCºwith ag te mi mk 21the department»STBTC»Sfl1 alleging a violation of the Paid h r i s h Family and Medical Leave Act in writing dwith rthe edepartment 22, witht, thee departmentu g within thirty business days of becoming caware eof sthe kalleged 23e awareb ofl thee allegede h violation;

en ad nd bi 24= = o h (b) set forth the grounds of the ul [] b ,d i a º e r i = r complaint;

and .223784.6t -e 25w -d m a n o (c) provide notice to parties to the allegedd violationm that: a complaint has been filed;

b e d s º o t n = .223784.6AIC March 5, 2023 (2:31pm) s k m e - 26 - e a n e d r e l u [ A d alleged violation that a complaint has been filed;

and (e) rule on a complaint within five e t 17 business days after the completion of the hearing and issue a w l n d 18 final decision in accordance with Subsection B of Section =h =g 19 a l 39-3-1.1 NMSA 1978.

io at ehr r 20 C.

A party may appeal a final decision made by the ag te mi mk 21 department pursuant to the provisions of this section to the dh r ei 22s district court pursuant to Section 39-3-1.1 NMSA 1978.

ch e, st, ke 23u g D.

The department may appear in its own name in e ab nl be 24e h district court in actions for injunctive relief to prevent any un [d d i = = o h person or entity from violating the provisions of the Paid .223784.6l -] 26b -,d i a º e r i = r Family and Medical Leave Act or rules promulgated by the t e w d m a n o department.

SECTIONd 11.m :

b e d s º o t n = .223784.6AIC March 5, 2023 (2:31pm) s k m e - 27 - e a n e d r e l u [ A d SECTION 11.

[NEW MATERIAL]MATERIAL ] COLLECTIVE BARGAINING AGREEMENTS UNAFFECTED.--Nothing in the Paid Family and Medical e t 17 Leave Act shall be construed to diminish the rights, privileges w l n d 18 or remedies of any employee under any collective bargaining = = 19 a l agreement.

ih ag e r 20 SECTION 13.

[NEW MATERIAL]MATERIAL ] DEPARTMENT TO PROMULGATE ao t mhr m 21 RULES--AGENCIES AND DEPARTMENTS TO COOPERATE.-- dg r e 22i k A.

By July 1, 2024, the department shall adopt and ch er i s kh 23 promulgate rules to implement the provisions of the Paid Family e, at, ne bu 24g and Medical Leave Act.

ue [b l e e h B.

State agencies and departments shall cooperate .223784.6n -d 27d -i = = o h with the secretary to timely and efficiently provide the l ] b ,d i a º e r i = r information and services necessary to carry out the provisions t e w d m a n o of the Paid Family and Medical Leave Act.

SECTIONd 14.m :

b e d s º o t n = .223784.6AIC March 5, 2023 (2:31pm) s k m e - 28 - e a n e d r e l u [ A d SECTION 14.

The advisory committee consists of thirteenSTBTCº thirteen»STBTC STBTCºfifteen»STBTC members appointed by the secretary of workforce solutions.

(3) a representative of a statewide chamber of e t 17 commerce;

w l n d 18 (4) two representatives of a small business = = 19 a l development center advisory council;

ih ag e r 20 (5) a representative of a medical society with ao t mhr m 21 expertise in the care of children;

dg r e 22i k (6) a member representing the parents of ch er i s kh 23 newborn children;

e, at, ne bu 24g (7) a member representing adoptive and foster ue [b l e e h parents;

.223784.6n -d 28d -i = = o h (8) a member representing unpaid family l ] b ,d i a º e r i = r caregivers;

t e w d m a n o (9) the director of the commission on the statusd ofm women;:

b e d s º o t n = .223784.6AIC March 5, 2023 (2:31pm) s k m e - 29 - e a n e d r e l u [ A d status of women;

andSTBTCº and»STBTC (12) a representative of an organization with expertise in disabilities.disabilities STBTCº;

and (13) two representatives of a statewide organization representing labor»STBTC .

The secretary of workforce solutions shall e t 17 consult with the paid family and medical leave implementation w l n d 18 advisory committee at least quarterly as rules are developed to =h =g 19 a l implement a program pursuant to the Paid Family and Medical io at ehr r 20 Leave Act.

ag te mi mk 21 D.

Members of the paid family and medical leave dh r ei 22s h implementation advisory committee are not entitled to per diem c, t, e su kg 23 and mileage expenses.

The workforce solutions department e ab nl be 24e h shall provide staff for the committee.

un [d d i = = o h E.

The paid family and medical leave implementation .223784.6l -] 29b -,d i a º e r i = r advisory committee shall function from the date of its t e w d m a n o appointment, which shall be no later than October 1, 2023, untild Januarym 1,: 2025.

b e d s º o t n = .223784.6AIC March 5, 2023 (2:31pm) s k m e - 30 - e a n e d r e l u [ A d until January 1, 2025.

Any unexpended or unencumbered balance e t 17 remaining at the end of fiscal year 2025 shall revert to the w l n d 18 general fund.

=- =31 19- ah lu -» 30r -t ih ag e l i h r 20i as h , e h t mu mg 21e db rl e 22e c, gh n d d i = = o h l ] b ,d i a º r e sr k= 23t e w d m a n bo 24d um [: .223784.6

b r e t º o t n = .223784.6AIC March 5, 2023 (2:31pm) s k m e e a n e d r e l u [ A d