HB 11 — PAID FAMILY & MEDICAL LEAVE ACT

or g o (7) an individual whose close association with t hr g e i k the applicant or the applicant's spouse or domestic partner is h r i s the equivalent of a family relationship;

h , t, L.

"family wellness leave" means bereavement leave, e u g e b l e e h foster leave, medical leave, qualifying exigency leave or safe n d d i = = o h leave;

l ] b ,d i a º e M.

"foster leave" means paid leave granted to allow er i = r t 17e w d an applicant to bond with a foster child within twelve months wm la n o d 18m of: the placement of a foster child with the applicant;

=b e d s º o t n = 19.230488.8AIC N.March 10, 2025 (6:14pm) s k m e - 4 - e a n e d r e l u [ A d HCEDC/HB 11 of the placement of a foster child with the applicant;

"healthN. care provider" means an individual a l i a e r 20 licensed or certified to provide health care in the ordinary a t m m 21 course of business;

d"health rcare eprovider" 22means O.an individual licensed or certified to provide health care in the ordinary course of business;

"IndianO. tribe" means a federally recognized c e s k 23 Indian nation, tribe or pueblo, wholly or partially located in e a n b 24 New Mexico, a governmental unit, subdivision, agency, u [ department or instrumentality thereof or a business enterprise .230488.8 - 4 - HCEDC/HB 11 wholly owned by such an Indian nation, tribe or pueblo;

"Indian tribe" means a federally recognized Indian nation, tribe or pueblo, wholly or partially located in New Mexico, a governmental unit, subdivision, agency, department or instrumentality thereof or a business enterprise wholly owned by such an Indian nation, tribe or pueblo;

"qualifying exigency leave" means paid leave h granted based on a need arising out of an applicant's family g o member's active duty service or notice of an impending call or t hr g e order to active duty in the armed forces, including:

i k h r i s (1) providing for the care or other needs of h , t, the military member's child or other family member;

e u g e b l (2) making financial or legal arrangements for e e h n d d i the military member;

= = o h l ] b ,d i a º e (3) attending counseling, military events or er i = r t 17e w d ceremonies;

wm la n o d 18m (4): spending time with the military member = = 19 during a rest and recuperation leave or following return from a l i a e r 20 deployment;

orb ae d s º o t mn = .230488.8AIC March 10, 2025 (6:14pm) s k m 21e (5)- making5 arrangements- followinge thea deathn ofe d r e 22l u [ A d HCEDC/HB 11 (4) spending time with the military member;member during a rest and recuperation leave or following return from deployment;

cor e(5) smaking karrangements 23following S.the death of the military member;

"safeS. leave" means paid leave granted to an e a n b 24 applicant who is the victim or whose family member is the u [ victim of domestic violence, stalking, sexual assault or abuse.

.230488.8"safe -leave" 5means -paid HCEDC/HBleave 11granted "Safeto leave"an applies if the applicant who is using the leavevictim fromor workwhose tofamily protectmember is the applicantvictim orof thedomestic applicant'sviolence, familystalking, membersexual by:assault or abuse.

"Safe leave" applies if the applicant is using the leave from work to protect the applicant or the applicant's family member by:

h (3) seeking new housing, relocating or making g o the employee's home secure from a perpetrator;

or t hr g e i k (4) attending or preparing for court-related h r i s proceedings or seeking legal assistance to address issues h , t, related to the act of domestic violence, stalking, sexual e u g e b l e e h assault or abuse;

n d d i = = o h T.

"secretary" means the secretary of workforce l ] b ,d i a º e solutions;

er i = r t 17e w d U.

"serious health condition" means an illness, wm la n o d 18m injury,: impairment or physical or mental condition that = = 19 involves:

ab le id s º o t n = .230488.8AIC March 10, 2025 (6:14pm) s k m e - 6 - e a n e d r 20e (1)l inpatientu care[ inA ad hospital,HCEDC/HB hospice11 orinjury, aimpairment tor mphysical mor 21mental residentialcondition medicalthat facility;involves:

or(1) dinpatient rcare ein 22 (2) continuing treatment by a healthhospital, carehospice cor eresidential smedical kfacility; 23 provider;

eor a(2) ncontinuing btreatment 24by V.a health care provider;

V.

u [ W.

"wages" means all remuneration for services, .230488.8 - 6 - HCEDC/HB 11 including commissions, bonuses or unpaid loans to employees and the cash value of all remuneration in any medium other than cash;

and h (2) up to twelve weeks of leave that is g o granted to allow the applicant to bond with a biological or t hr g e adopted child within twelve months of the birth or adoption of i k h r i s a child.

h , t, SECTION 3.

[NEW MATERIAL]MATERIAL ] FAMILY WELLNESS LEAVE FUND-- e u g e b l CREATION.-- e e h n d d i A.

The "family wellness leave fund" is created in = = o h l ] b ,d i a º e the state treasury and shall be administered by the department.

er i = r t 17e w d The fund shall be held for the benefit of the employees and wm la n o d 18 self-employed individuals who paid into the fund and consists = = 19 of all revenue, including any fees collected pursuant to the a l i a e r 20 Welcome Child and Family Wellness Leave Act in accordance with a t m m: 21 department rules.

Moneyb ine thed funds shallº beo investedt byn the= .230488.8AIC March 10, 2025 (6:14pm) s k m e - 7 - e a n e d r e 22l stateu investment[ officer.A d HCEDC/HB 11 self-employed individuals who paid into the fund and consists of all revenue, including any fees collected pursuant to the Welcome Child and Family Wellness Leave Act in accordance with department rules.

IncomeMoney fromin investment of the fund c e s k 23 shall be creditedinvested toby the fund.state investment officer.

eIncome afrom ninvestment bof 24the B.fund shall be credited to the fund.

MoneyB. in the family wellness leave fund is u [ appropriated to the department to distribute family wellness .230488.8 - 7 - HCEDC/HB 11 leave benefits pursuant to the Welcome Child and Family Wellness Leave Act and to administer that act.

Money in the family wellness leave fund is appropriated to the department to distribute family wellness leave benefits pursuant to the Welcome Child and Family Wellness Leave Act and to administer that act.

Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert or be transferred to any other h fund.

g o D.

To determine an actuarially sound premium rate t hr g e i k and a future premium rate-setting mechanism for the family h r i s wellness leave fund, by January 1, 2026, the department shall h , t, contract with a qualified independent actuarial consultant who e u g e b l e e h is a member of a leading actuarial professional association and n d d i = = o h has the relevant experience to analyze the following:

l ] b ,d i a º e (1) the family wellness leave fund premium er i = r t 17e w d rate;

wm la n o d 18m (2): the premium rate structure;

=b e d s º o t n = 19.230488.8AIC (3)March the10, weekly2025 family(6:14pm) wellnesss leavek benefitm ae l- i8 - e a n e d r 20e formula;l u [ A d HCEDC/HB 11 (2) the premium rate structure;

a(3) t m m 21 (4) the durationweekly of the family wellness dleave rbenefit eformula; 22 benefits fund reserve;

and(4) cthe eduration sof kthe 23family (5)wellness otherbenefits necessaryfund components.reserve;

eand a(5) nother bnecessary 24components. E.

BeginningE. January 1, 2029, and not later than u [ October 1 of each calendar year, the secretary shall ensure and .230488.8 - 8 - HCEDC/HB 11 maintain the self-sufficiency and solvency of the family wellness leave fund by:

Beginning January 1, 2029, and not later than October 1 of each calendar year, the secretary shall ensure and maintain the self-sufficiency and solvency of the family wellness leave fund by:

(2) setting the family wellness leave 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 forty percent of the family wellness leave benefits paid during the previous h fiscal year and all costs associated with outreach and the g o administration of the Welcome Child and Family Wellness Act t hr g e during the previous fiscal year, minus the amount of net assets i k h r i s remaining in the fund as of June 30 of the current calendar h , t, year;

provided that the premium increase or decrease necessary e u g e b l pursuant to this paragraph shall not exceed one-tenth percent e e h n d d i of wages per employee per year.

The department shall provide = = o h l ] b ,d i a º e public notice in advance of January 1 of any changes to the er i = r t 17e w d premium;

and wm la n o d 18m (3): reporting the results of the analysis to = = 19 the appropriate legislative body.

ab le id s º o t n = .230488.8AIC March 10, 2025 (6:14pm) s k m e - 9 - e a n e d r 20e SECTIONl 4.u [ A d HCEDC/HB 11 (3) reporting the results of the analysis to the appropriate legislative body.

[NEWSECTION MATERIAL]4. APPLICABILITY--CONTRIBUTIONS TO a t m m 21 THE FAMILY WELLNESS LEAVE FUND--REMITTANCE OF CONTRIBUTIONS-- d r e 22 EXEMPTION FOR CERTAIN LEAVE PLANS OR PROGRAMS--REQUIREMENTS FOR c e s k 23 WAIVER.-- e a n b 24 A.

The[NEW WelcomeMATERIAL Child] andAPPLICABILITY--CONTRIBUTIONS FamilyTO WellnessTHE LeaveFAMILY ActWELLNESS uLEAVE [FUND--REMITTANCE appliesOF to:CONTRIBUTIONS-- EXEMPTION FOR CERTAIN LEAVE PLANS OR PROGRAMS--REQUIREMENTS FOR WAIVER.-- A.

.230488.8The -Welcome 9Child - HCEDC/HB 11 (1) all public and privateFamily employeesWellness whoLeave areAct inapplies theto: state, except those employees who are employed by the United States;

(1) all public and private employees who are in the state, except those employees who are employed by the United States;

(3) self-employed individuals in the state who make contributions to the family wellness leave fund pursuant h to Subsection D of this section;

and g o (4) Indian tribes that elect to be covered, or t hr g e i k to terminate coverage, in the program for their employees.

h r i s B.

Beginning July 1, 2027 and for each calendar h , t, quarter thereafter until January 1, 2030, there is assessed e u g e b l e e h against each employee two-tenths percent of the employee's n d d i = = o h wages up to the earnings cap established by the federal social l ] b ,d i a º e security administration program, pursuant to the Federal er i = r t 17e w d m a n o Insurance Contributions Act.

An employee shall not be required w l n d 18m to: make any contributions to the family wellness leave fund = = 19 from the employee's own leave compensation.

Beginningb January a l i a e rd 20s 1,º 2030o andt forn each= calendar.230488.8AIC quarterMarch thereafter,10, there2025 is(6:14pm) as tk m me 21- assessed10 against- eache employeea ann assessmente on the employee's d r e 22l wages,u up[ toA thed earningsHCEDC/HB cap11 establishedto bymake theany federalcontributions socialto c e s k 23 security administration program, at fifty-five percent of the efamily awellness nleave bfund 24from premium set by the secretaryemployee's pursuantown toleave Subsectioncompensation. E of u [ Section 3 of the Welcome Child and Family Wellness Leave Act.

.230488.8Beginning -January 101, -2030 HCEDC/HBand 11for C.each calendar quarter thereafter, there is assessed against each employee an assessment on the employee's wages, up to the earnings cap established by the federal social security administration program, at fifty-five percent of the premium set by the secretary pursuant to Subsection E of Section 3 of the Welcome Child and Family Wellness Leave Act.

BeginningC. January 1, 2027 and for each calendar quarter thereafter until January 1, 2030, there is assessed against each employer with five or more employees an amount equal to fifteen-hundredths percent of each participating employee's wages up to the earnings cap established by the federal social security administration program, pursuant to the Federal Insurance Contributions Act.

Beginning JanuarySTBTCº January»STBTC STBTCºJuly»STBTC 1, 20302027 and for each calendar yearquarter thereafter,thereafter until January 1, 2030, there is assessed against each employer with five or more employees an amount equal to fifteen-hundredths percent of each participating employee's wages,wages up to the earnings cap established by the federal social security administration program, at forty-five percent of the premium set by the secretary pursuant to Subsection E of Section 3 of the WelcomeFederal ChildInsurance andContributions Family Wellness Leave Act.

AnBeginning January 1, 2030 and for each calendar year thereafter, there is assessed against each employer shallwith notfive recover,h u » r or seekmore employees an amount equal to recover,each anyparticipating amountst assessedh againstg employerse pursuantemployee's wages, up to thisthe subsectionearnings fromcap established by the l i h r federal social security administration program, at forty-five i s h , e h percent of the premium set by the secretary pursuant to t 17u employer'sg employees.e b l Subsection E of Section 3 of the Welcome Child and Family e e , gh n d d i Wellness Leave Act.

wAn employer shall not recover, or seek to = = o h l n] b ,d i a º r recover, any amounts assessed against employers pursuant to e r = t e w d 18this D.subsection from the employer's employees.

Beginning July 1, 2027 and for each calendar = = 19 quarter thereafter until January 1, 2030, there is assessed a l i a e r 20 against each self-employed individual as described in Paragraph a t m m 21 (3) of Subsection A of this section two-tenths percent of the d r e 22 individual's net income as designated by the self-employed c e s k 23 individual up to the earnings cap established by the federal e a n bo 24d socialm security: administration program, pursuant to the Federal u [ Insurance Contributions Act.

Beginningb Januaryr 1,e 2030t andº foro .230488.8t -n 11= -.230488.8AIC HCEDC/HBMarch 1110, each2025 calendar(6:14pm) quarters thereafter,k therem ise assessed- against11 each- self-employede individuala asn describede ind Paragraphr (3)e ofl Subsectionu [ A ofd thisHCEDC/HB section11 anD. assessment on the individual's net income as designated by the self-employed individual at fifty-five percent of the premium set by the secretary pursuant to Subsection E of Section 3 of the Welcome Child and Family Wellness Leave Act.

Beginning July 1, 2027 and for each calendar quarter thereafter until January 1, 2030, there is assessed against each self-employed individual as described in Paragraph (3) of Subsection A of this section two-tenths percent of the individual's net income as designated by the self-employed individual up to the earnings cap established by the federal social security administration program, pursuant to the Federal Insurance Contributions Act.

Beginning January 1, 2030 and for each calendar quarter thereafter, there is assessed against each self-employed individual as described in Paragraph (3) of Subsection A of this section an assessment on the individual's net income as designated by the self-employed individual at fifty-five percent of the premium set by the secretary pursuant to Subsection E of Section 3 of the Welcome Child and Family Wellness Leave Act.

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

When an employee leasing l i h r i s arrangement is in place, contributions shall be remitted by the h , e h employee leasing contractor on behalf of the leased worker.

t u g e b l F.

The contributions of self-employed individuals e e , gh n d d i = = o h shall be remitted by the individual following each end of the l ] b ,d i a º r quarter for which the contributions are deducted and on a date e r = t 17e w d determined by the secretary.

A self-employed individual shall wm la n o d 18m not: be required to make contributions to the family wellness = = 19 leave fund from leave compensation.

ab lr ie t º o t n = .230488.8AIC March 10, 2025 (6:14pm) s k m e - 12 - e a n e d r 20e G.l u [ A d HCEDC/HB 11 not be required to make contributions to the family wellness leave fund from leave compensation.

AnG. employer that has adopted and operates a a t m m 21 leave plan or program for the benefit of its employees that d r e 22 provides leave and leave benefits substantially similar to or c e s k 23 greater than the leave and leave benefits offered pursuant to e a n b 24 the Welcome Child and Family Wellness Leave Act may apply for a u [ waiver to exempt the employer and its employees from the .230488.8 - 12 - HCEDC/HB 11 provisions of that act.

An employer that has adopted and operates a leave plan or program for the benefit of its employees that provides leave and leave benefits substantially similar to or greater than the leave and leave benefits offered pursuant to the Welcome Child and Family Wellness Leave Act may apply for a waiver to exempt the employer and its employees from the provisions of that act.

An employer granted a waiver pursuant to Subsection G of this section and the employer's employees shall have the same rights and protections enjoyed by employers and h u » r employees covered pursuant to the Welcome Child and Family t h g e Wellness Leave Act, including the right to appeal a waiver l i h r granted or denied by Subsection G of this section to the i s h , e h department.

t u g e b l I.

An employer granted a waiver pursuant to e e , gh n d d i Subsection G of this section shall notify all employees covered = = o h l ] b ,d i a º r by the employer's paid leave plan or program that:

e r = t 17e w d (1) the employee is covered by a paid leave wm la n o d 18m plan: or program rather than a public plan;

=b r e t º o t n = 19.230488.8AIC (2)March employees10, may2025 apply(6:14pm) tos thek employerm ore the- a13 l- ie a n e d r 20e operatorl ofu the[ approvedA paidd leaveHCEDC/HB 11 plan or program;program rather than a public plan;

a(2) temployees mmay mapply 21to (3)the employersemployer mustor providethe paidoperator leaveof andthe dapproved rpaid e 22 leave benefitsplan substantially similar to or greaterprogram; than that c e s k 23 granted to employees pursuant to the Welcome Child and Family e a n b 24 Wellness Leave Act;

and(3) uemployers [must (4)provide employeespaid mayleave appealand toleave thebenefits departmentsubstantially ifsimilar .230488.8to -or 13greater -than HCEDC/HBthat 11granted anyto rightemployees granted pursuant to the Welcome Child and Family Wellness Leave ActAct; is violated.

and (4) employees may appeal to the department if any right granted pursuant to the Welcome Child and Family Wellness Leave Act is violated.

or h (2) impose additional restrictions or g o conditions on leave or leave benefits beyond those explicitly t hr g e i k authorized by state law.

h r i s K.

The department shall withdraw approval of a h , t, waiver for a paid leave plan or leave program that violates the e u g e b l e e h provisions of Subsections G through J of this section.

An n d d i = = o h employer whose waiver has been withdrawn pursuant to this l ] b ,d i a º e subsection may reapply for a waiver five years after the er i = r t 17e w d original waiver was withdrawn.

wm la n o d 18m L.:

Nothingb ine thisd sections shallº beo construedt ton = =.230488.8AIC 19March prohibit10, an2025 employer(6:14pm) withouts ak waiverm frome providing- a14 l- ie a n e d r 20e supplementall leaveu benefits[ orA extendedd lengthHCEDC/HB of11 leaveL. to a t m m 21 employees receiving benefits from the department.

dNothing rin ethis 22section SECTIONshall 5.be construed to prohibit an employer without a waiver from providing supplemental leave benefits or extended length of leave to employees receiving benefits from the department.

[NEWSECTION MATERIAL]5. ELIGIBILITY--FAMILY WELLNESS c e s k 23 LEAVE--LEAVE CALCULATION--LEAVE DURATION--DOCUMENTATION e a n b 24 REQUIRED--NOTICE OF DETERMINATION.-- u [ A.

Beginning[NEW JanuaryMATERIAL 1,] 2028,ELIGIBILITY--FAMILY theWELLNESS departmentLEAVE--LEAVE shallCALCULATION--LEAVE .230488.8DURATION--DOCUMENTATION -REQUIRED--NOTICE 14OF -DETERMINATION.-- HCEDC/HBA. 11 provide family wellness leave to an eligible applicant who takes leave after the applicant, in accordance with the provisions of the Welcome Child and Family Wellness Leave Act and department rules, has:

Beginning January 1, 2028, the department shall provide family wellness leave to an eligible applicant who takes leave after the applicant, in accordance with the provisions of the Welcome Child and Family Wellness Leave Act and department rules, has:

and (2) contributed to the family wellness leave fund for at least six months during any employment in the h twelve-month period prior to submitting an application;

g o provided that any time during the twelve-month period in which t hr g e the individual was previously covered by a leave plan or i k h r i s program pursuant to Subsection G of Section 4 of the Welcome h , t, Child and Family Wellness Leave Act shall count toward this e u g e b l requirement.

e e h n d d i B.

Beginning January 1, 2028, the department shall = = o h l ] b ,d i a º e provide family wellness leave benefits to an eligible self- er i = r t 17e w d employed individual after the self-employed individual, in wm la n o d 18m accordance: with the provisions of the Welcome Child and Family = = 19 Wellness Leave Act and department rules, has:

ab le id s º o t n = .230488.8AIC March 10, 2025 (6:14pm) s k m e - 15 - e a n e d r 20e (1)l filedu a[ claimA ford leaveHCEDC/HB approved11 byaccordance with the aprovisions tof mthe mWelcome 21Child department;and Family Wellness Leave Act and department rules, has:

and(1) dfiled r e 22 (2) contributed to the family wellness leave c e s k 23 fund for at least six months during the twelve-month period e a nclaim b 24 prior to submitting an application, not including contributions u [ made for otherleave employmentapproved thatby the self-employeddepartment; individual .230488.8 - 15 - HCEDC/HB 11 will continue during the leave.

and (2) contributed to the family wellness leave fund for at least six months during the twelve-month period prior to submitting an application, not including contributions made for other employment that the self-employed individual will continue during the leave.

An applicant shall be ineligible to receive h family wellness leave or welcome child leave if:

g o (1) the applicant willfully or knowingly files t hr g e i k a fraudulent claim for leave or has filed a fraudulent claim h r i s within the previous three years;

h , t, (2) the applicant is receiving unemployment e u g e b l e e h insurance benefits during the period for which the claim for n d d i = = o h leave is filed;

l ] b ,d i a º e (3) during family wellness or welcome child er i = r t 17e w d leave, the applicant does not use leave as related to the need wm la n o d 18m for: leave described in the applicant's application for leave;

=b =e 19d (4)s theº familyo wellnesst leaven benefits= would.230488.8AIC aMarch l10, i2025 a(6:14pm) es rk 20m duplicatee the- amount16 the- applicante is receiving or has received a tn me md 21r ine temporaryl totalu disability[ benefitsA from a workers' d rHCEDC/HB e11 22for compensationleave claimdescribed forin the sameapplicant's timeapplication period;for leave;

or(4) c e s k 23 (5) the family wellness leave benefits ewould a n b 24 duplicate whatthe amount the applicant is earningreceiving or has earnedreceived in wagestemporary utotal [disability benefits from a workers' compensation claim for the same time period.period;

.230488.8or -(5) 16the -family HCEDC/HBwellness 11leave F.benefits duplicate what the applicant is earning or has earned in wages for the same time period.

F.

(1) the calculation of weekly family wellness leave benefits shall be based on the employee's average weekly h u » r wages during the twelve months immediately preceding the date t h g e of the claim for leave.

For the purposes of this paragraph, l i h r the "employee's average weekly wages" means an amount i s h , e h calculated by the department by dividing the total wages earned t u g e b l by an eligible employee during the previous twelve months by e e , gh n d d i the number of weeks worked during the previous twelve months.

= = o h l ] b ,d i a º r If the employee worked fewer than twelve months, then weekly e r = t 17e w d family wellness leave wages shall be based on the employee's wm la n o d 18m average: weekly wages during the weeks the employee worked;

=b =r 19 (2) an eligible employee's weekly family a l i a e rt 20º wellnesso leavet benefitsn shall= equal.230488.8AIC oneMarch hundred10, percent2025 of(6:14pm) thes ak t m me 21- compensation17 that- woulde be paid to a non-tipped,n state-minimum-e d r e 22l wage-earningu employee,[ pursuantA tod SectionHCEDC/HB 50-4-2211 NMSA 1978, c e s k 23 working the same number of hours per week as the employee, plus e a n b 24 sixty-seven percent of the employee's average weekly wages uduring [the greaterweeks than the non-tipped,employee stateworked; minimum wage compensation;

.230488.8(2) -an 17eligible -employee's HCEDC/HBweekly 11family andwellness (3)leave thebenefits maximumshall amountequal ofone weeklyhundred familypercent wellnessof leavethe paymentscompensation shallthat would be nopaid moreto thana thenon-tipped, annualstate-minimum- meanwage-earning wageemployee, ofpursuant allto occupationsSection in50-4-22 NewNMSA Mexico1978, asworking calculated by the Unitedsame Statesnumber bureau of laborhours statisticsper stateweek occupationalas employmentthe andemployee, wageplus estimatessixty-seven forpercent of the mostemployee's recentaverage yearweekly availablewages dividedgreater bythan fifty-two.the non-tipped, state minimum wage compensation;

and (3) the maximum amount of weekly family wellness leave payments shall be no more than the annual mean wage of all occupations in New Mexico as calculated by the United States bureau of labor statistics state occupational employment and wage estimates for the most recent year available divided by fifty-two.

The department shall issue family wellness leave h payments from the family wellness leave fund to self-employed u » r individuals as follows:

t h g e (1) a self-employed individual shall determine l i h r i s the annual net income to be used by the department when the h , e h self-employed individual files a claim for leave.

A self- t u g e b l employed individual may adjust the individual's annual net e e , gh n d d i = = o h income one time per year on the anniversary of the individual's l ] b ,d i a º r claim for leave;

e r = t 17e w d (2) the calculation of weekly family wellness wm la n o d 18m leave: benefits shall be based on the self-employed individual's = = 19 designated annual net income;

ab lr i a e rt 20º (3)o a self-employed individual's weekly family a t mn m= 21.230488.8AIC wellnessMarch leave10, payments2025 shall(6:14pm) equal one hundred percent of the d r e 22 compensation that would be paid to a state-minimum-wage-earning c e s k 23m employee,e pursuant- to18 Section- 50-4-22 NMSA 1978, working full e a n be 24d timer eache week,l plus sixty-seven percent of the self-employed u [ individual'sA netd incomeHCEDC/HB per11 weekleave greaterbenefits thanshall thebe statebased minimumon .230488.8the -self-employed 18individual's -designated HCEDC/HBannual 11net wageincome; compensation;

(3) a self-employed individual's weekly family wellness leave payments shall equal one hundred percent of the compensation that would be paid to a state-minimum-wage-earning employee, pursuant to Section 50-4-22 NMSA 1978, working full time each week, plus sixty-seven percent of the self-employed individual's net income per week greater than the state minimum wage compensation;

When an applicant or an authorized representative submits a claim for family wellness leave or h u » r welcome child leave with the department, the department shall t h g e verify:

l i h r (1) if the applicant is an employee, a record i s h , e h of total wages, the total number of weeks worked and the t u g e b l average number of hours worked per week during the previous e e , gh n d d i twelve months in the employment from which the applicant seeks = = o h l ] b ,d i a º r family wellness leave;

or e r = t 17e w d (2) if the applicant is a self-employed wm la n o d 18m individual,: documentation that the individual's business = = 19 operated and earned net income from self-employment during the a l i a e r 20 previous twelve months.

ab r e t mº o t n = .230488.8AIC March 10, 2025 (6:14pm) s k m 21e J.- 19 - e a n e d r e l u [ A d HCEDC/HB 11 individual, documentation that the individual's business operated and earned net income from self-employment during the previous twelve months.

TheJ. department shall notify the employer and d r e 22 applicant in writing within twenty business days of receiving c e s k 23 the claim for welcome child or family wellness leave:

eThe adepartment n b 24 (1) if approved, and shall notify the uemployer [and applicant ofin thewriting amountwithin oftwenty familybusiness wellnessdays leaveof paymentsreceiving thatthe .230488.8claim -for 19welcome -child HCEDC/HBor 11family thewellness applicantleave: is eligible to receive biweekly;

(1) if approved, and shall notify the applicant of the amount of family wellness leave payments that the applicant is eligible to receive biweekly;

(2) if denied, and shall notify the applicant of the grounds for denying the applicant's claim for welcome child or family wellness leave and of the applicant's right to h appeal;

and u » r (3) if further information or supporting t h g e documentation is required to determine the applicant's l i h r i s eligibility for welcome child or family wellness leave or the h , e h amount of family wellness leave payments;

provided that when t u g e b l the department receives sufficient information or supporting e e , gh n d d i = = o h documentation from the applicant to make a determination, the l ] b ,d i a º r department shall adhere to the notification provision of this e r = t 17e w d subsection.

wm la n o d 18m K.:

Everyb individualr filinge at newº claimo fort leaven = =.230488.8AIC 19March shall,10, at2025 the(6:14pm) times ofk filingm suche claim,- be20 advised- that:e a n e d r e l u [ A d HCEDC/HB 11 K.

aEvery lindividual ifiling a enew rclaim 20for (1) family wellness leave benefitsshall, mayat bethe atime tof mfiling msuch 21claim, subjectbe toadvised federalthat: and state income taxes;

d(1) rfamily ewellness 22leave (2)benefits requirementsmay existbe pertainingsubject to estimatedfederal cand estate sincome ktaxes; 23 tax payments;

e(2) arequirements nexist bpertaining 24 (3) the individual may elect to haveestimated federal u [ income tax deductedpayments; and withheld from the individual's family .230488.8 - 20 - HCEDC/HB 11 wellness leave payments at the amount specified in the Internal Revenue Code of 1986;

(3) the individual may elect to have federal income tax deducted and withheld from the individual's family wellness leave payments at the amount specified in the Internal Revenue Code of 1986;

Amounts deducted and withheld from family wellness leave benefits shall remain in the family wellness leave fund until transferred to the federal internal revenue h service.

g o M.

The department shall follow all state and t hr g e federal laws, rules and procedures pertaining to the deducting i k h r i s and withholding of income tax.

h , t, SECTION 6.

[NEW MATERIAL]MATERIAL ] WELCOME CHILD FUND--CREATION.-- e u g e b l A.

The "welcome child fund" is created in the state e e h n d d i treasury and shall be administered by the department.

The fund = = o h l ] b ,d i a º e shall be held for the benefit of eligible employees and er i = r t 17e w d self-employed individuals who become new parents.

Money in the wm la n o d 18m fund: shall be invested by the state investment officer.

Incomeb =e d s º o t n = 19.230488.8AIC fromMarch investment10, of2025 the(6:14pm) s k m e - 21 - e a n e d r e l u [ A d HCEDC/HB 11 fund shall be creditedinvested toby the fund.state investment officer.

aIncome lfrom iinvestment aof ethe rfund 20shall B.be credited to the fund.

MoneyB. in the welcome child fund is appropriated a t m m 21 to the department to distribute welcome child benefits pursuant d r e 22 to the Welcome Child and Family Wellness Leave Act.

Money cin ethe swelcome kchild 23 shall be disbursed from the fund onlyis onappropriated warrantto issued by the edepartment ato ndistribute bwelcome 24child secretarybenefits of finance and administration pursuant to vouchers u [ signed by the secretaryWelcome ofChild workforceand solutionsFamily orWellness theLeave .230488.8Act. - 21 - HCEDC/HB 11 secretary's authorized representative.

Money shall be disbursed from the fund only on warrant issued by the secretary of finance and administration pursuant to vouchers signed by the secretary of workforce solutions or the secretary's authorized representative.

[NEW MATERIAL]MATERIAL ] WELCOME CHILD BENEFIT-- ELIGIBILITY--LEAVE DURATION--DOCUMENTATION REQUIRED.-- A.

Beginning January 1, 2028, the department shall provide the welcome child benefit, in accordance with the provisions of the Welcome Child and Family Wellness Leave Act h and department rules to an eligible applicant who has been g o employed STBTCº or self-employed»STBTC for at least six months t hr g e i k in the twelve-month period prior to submitting an application h r i s and has filed a claim that has been approved by the department.

h , t, B.

The department shall require an applicant who e u g e b l e e h seeks the welcome child benefit to provide, in accordance with n d d i = = o h department rules, documentation of the child's birth or l ] b ,d i a º e adoption.

er i = r t 17e w d m a n o C.

w l n d 18 (1) except as provided in Subsection E of = = 19 this section, one three-thousand-dollar ($3,000) welcome child a l i a e r 20 refund, to be paid to one of the child's parents each month for a t m m: 21 the three months immediately following the birth or adoption of d r e 22 the child;

andb c e d s kº 23o (2)t upn to= twelve.230488.8AIC weeksMarch of10, welcome2025 child(6:14pm) leaves k m e - 22 - e a n be 24d grantedr toe eachl parent,u which[ shallA bed takenHCEDC/HB within11 one(1) yearexcept as provided in Subsection STBTCº E»STBTC STBTCºF»STBTC of uthis [section, one three- thousand-dollar ($3,000) welcome child refund, to be paid to STBTCºone of»STBTC the child's parents each month for the three months immediately following the birth or adoption of the child.child;

.230488.8and -(2) 22up -to HCEDC/HBtwelve 11weeks D.of welcome child leave granted to each parent, which shall be taken within one year of the birth or adoption of the child.

AnSTBTCº applicantD. is not required by the Welcome Child and Family Wellness Leave Act to use any leave consecutively.

UnderIf nomore circumstancethan shallone anparent applicantof bea eligiblechild forapplies moreto thanreceive athe totalwelcome ofchild twelverefund, weeksthe of welcome child leaverefund inmay anbe applicationdivided year.evenly between the parents.

E.No child's family shall be entitled to receive more than three thousand dollars ($3,000) each month for the three months immediately following the birth or adoption of the child.»STBTC STBTCº D.»STBTC STBTCºE.»STBTC An applicant is not h required by the Welcome Child and Family Wellness Leave Act to g o use any leave consecutively.

OnUnder Januaryno 1,circumstance 2030shall andan eacht Januaryhr 1g thereafter,e theapplicant amountbe eligible for more than a total of welcometwelve childweeks refundof shalli bek adjustedh tor accounti fors inflation.welcome child leave in an application year.

Theh department, shallt, makeSTBTCº theE.»STBTC adjustmentSTBTCºF.»STBTC byOn multiplyingJanuary the1, amount2030 ofe theu refundg bye ab fraction,l theand numeratoreach ofJanuary which1 isthereafter, the consumeramount priceof indexwelcome endingchild duringe thee priorh calendarn yeard andd thei denominator= of= whicho ish therefund consumershall pricebe indexadjusted into calendaraccount yearfor 2028.inflation.

The l ] b ,d i a º e department shall make the adjustment by multiplying the amount r i = r t e w d of the refund by a fraction, the numerator of which is the m a n o d m :

b e d s º o t n = .230488.8AIC March 10, 2025 (6:14pm) s k m e - 23 - e a n e d r e l u [ A d HCEDC/HB 11 consumer price index ending during the prior calendar year and the denominator of which is the consumer price index in calendar year 2028.

eSTBTCº tF.»STBTC 17STBTCºG.»STBTC F.For purposes of this section, "consumer price index" means the consumer price index or its successor index for all urban consumers for all items, published by the bureau of labor statistics of the United States department of labor or its successor agency.

ForSECTION purposes8. of this section, "consumer price w l n d 18 index" means the consumer price index or its successor index = = 19 for all urban consumers for all items, published by the bureau a l i a e r 20 of labor statistics of the United States department of labor or a t m m 21 its successor agency.

d[NEW rMATERIAL e] 22CLAIMS SECTIONFOR 8.FAMILY WELLNESS LEAVE--DOCUMENTATION--CONFIDENTIALITY.-- A.

[NEWThe MATERIAL]department CLAIMSshall FORrequire FAMILYan WELLNESSapplicant cwho eseeks: s k 23 LEAVE--DOCUMENTATION--CONFIDENTIALITY.-- e a n b 24 A.

The(1) bereavement leave to provide, in h accordance with department shallrules, requiredocumentation anof applicantthe whochild's ug [o seeks:death;

.230488.8t -hr 23g -e HCEDC/HBi 11k (1)(2) bereavementfoster leave to provide, in accordance h r i s with department rules, documentation of the foster child's death;h , t, placement;

(2)e fosteru g e b l e e h (3) medical leave to provide, in accordance n d d i = = o h with department rules, documentationverification ofby a health care provider l ] b ,d i a º e that the fosterapplicant child'sor placement;a family member has a serious health r i = r t e w d m a n o condition that supports the applicant's claim for medical d m :

(3)b medicale leaved tos provide,º ino accordancet withn department= rules,.230488.8AIC verificationMarch by10, a2025 health(6:14pm) cares providerk thatm thee applicant- or24 a- familye membera hasn ae seriousd healthr conditione thatl supportsu the[ applicant'sA claimd forHCEDC/HB medical11 leave;

(4) qualifying exigency leave to provide, in accordance with department rules, a copy of the military member's active duty orders or other documentation issued by e t 17 the military that indicates that the military member is on w l n d 18 covered active duty or called to covered active duty status, or = = 19 that confirms the military member's death, and the dates of the a l i a e r 20 military member's covered active duty service;

and a t m m 21 (5) safe leave to provide, in accordance with d r e 22 department rules, a police report, court-issued document or c e s k 23 signed statement from a victim services organization, a clergy e a n b 24 member, an attorney, an advocate, the applicant, a family u [ member of the applicant or other person that supports the .230488.8 - 24 - HCEDC/HB 11 applicant's claim for safe leave.

Information contained in an applicant's files h u » r and records pertaining to the Welcome Child and Family Wellness t h g e Leave Act are confidential and not open to public inspection, l i h r other than to department employees in the performance of their i s h , e h official duties.

However, the applicant or an authorized t u g e b l representative may review the records or receive specific e e , gh n d d i information from the records upon the presentation of the = = o h l ] b ,d i a º r applicant's signed authorization.

e r = t e w d C.

Employee information acquired by an employer who hasm been granted a waivern pursuanto tod them Welcome: Child and Family Wellness Leave Act shall be kept confidential by the employer;

b r e t º o t n = .230488.8AIC March 10, 2025 (6:14pm) s k m e - 25 - e a n e d r e l u [ A d HCEDC/HB 11 has been granted a waiver pursuant to the Welcome Child and Family Wellness Leave Act shall be kept confidential by the employer;

[NEW MATERIAL]MATERIAL ] EMPLOYEE NOTICE TO EMPLOYER-- e t 17 REDUCTION OF OTHER LEAVE PROHIBITED.-- w l n d 18 A.

= = 19 (1) make a reasonable effort to schedule a l i a e r 20 welcome child or family wellness leave so as not to unduly a t m m 21 disrupt the operations of the employer;

d r e 22 (2) provide the employer with prior notice of c e s k 23 the schedule on which the employee will be taking welcome child e a n b 24 leave ninety days before use or family wellness leave twenty u [ days before use or as soon as practicable;

and .230488.8 - 25 - HCEDC/HB 11 (3) provide the employer with documentation of h the approved welcome child or family wellness leave request g o pursuant to department rules.

t hr g e i k B.

Leave taken pursuant to the Welcome Child and h r i s Family Wellness Leave Act shall not result in a reduction of h , t, the total amount of leave to which an employee is otherwise e u g e b l e e h entitled pursuant to contract, policy, collective bargaining n d d i = = o h agreement or other law or rule in excess of the amount of leave l ] b ,d i a º e actually taken pursuant to the Welcome Child and Family r i = r t e w d m a n o Wellness Leave Act;

provided that an employer subject to the federald Familym and: Medical Leave Act of 1993 may require an employee who takes leave and receives leave compensation pursuant to the Welcome Child and Family Wellness Leave Act that also qualifies for leave pursuant to the federal Family and Medical Leave Act of 1993 to take leave concurrently.

Anb employere shalld nots requireº ano employeet ton exhaust= any.230488.8AIC otherMarch e10, t2025 17(6:14pm) leaves entitlementk priorm toe granting- leave26 pursuant- toe thea wn e d r e l nu [ A d 18HCEDC/HB 11 federal Family and Medical Leave Act of 1993 may require an employee who takes leave and receives leave compensation pursuant to the Welcome Child and Family Wellness Leave Act.Act that also qualifies for leave pursuant to the federal Family and Medical Leave Act of 1993 to take leave concurrently.

=An =employer 19shall C.not require an employee to exhaust any other leave entitlement prior to granting leave pursuant to the Welcome Child and Family Wellness Leave Act.

Nothing in this section shall be construed to a l i a e r 20 entitle an employee to more leave than required pursuant to a t m m 21 Subsection F of Section 5 of the Welcome Child and Family d r e 22 Wellness Leave Act.

c e s k 23 D.

An employer shall post and keep posted in a e a n b 24 conspicuous place upon its premises a notice that informs u [ employees of the right to take leave and summarizes the major .230488.8 - 26 - HCEDC/HB 11 provisions of the Welcome Child and Family Wellness Leave Act.

SECTION 10.

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

A self-employed individual shall notify the department within ten business days of the self-employed individual's return to work.

B.

Upon an employee's return after welcome child or family wellness leave, the employer shall notify the department within ten business days that the employee has returned to work.

AnNothing employerin thatthis hassection employedshall anbe employeeconstrued forto oneentitle hundredan eightyemployee daysto or more priorleave than required pursuant to theSubsection commencementF of anSection employee's5 welcomeof childthe orWelcome familyChild wellnessand leaveFamily shall:Wellness Leave Act.

D.

An employer shall post and keep posted in a conspicuous place upon its premises a notice that informs employees of the right to take leave and summarizes the major provisions of the Welcome Child and Family Wellness Leave Act.

h SECTION 10.

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

A self-employed individual shall notify the t hr g e department within ten business days of the self-employed i k h r i s individual's return to work.

h , t, B.

Upon an employee's return after welcome child or e u g e b l family wellness leave, the employer shall notify the department e e h n d d i within ten business days that the employee has returned to = = o h l ] b ,d i a º e work.

r i = r t e w d C.

An employer that has employed an employee for m a n o d m :

b e d s º o t n = .230488.8AIC March 10, 2025 (6:14pm) s k m e - 27 - e a n e d r e l u [ A d HCEDC/HB 11 one hundred eighty days or more prior to the commencement of an employee's welcome child or family wellness leave shall:

or (2) place the employee in a position for which employee benefits, wages and other terms and conditions of e t 17 employment are equivalent to or greater than those provided in w l n d 18 the position from which the employee took leave.

= = 19 D.

Nothing in this section shall be construed to a l i a e r 20 entitle a restored employee to:

a t m m 21 (1) the accrual of seniority or employment d r e 22 benefits during the period the employee is using leave;

or c e s k 23 (2) the right to any benefit or position of e a n b 24 employment other than the right the employee would have been u [ entitled to had the employee not taken the leave.

.230488.8 - 27 - HCEDC/HB 11 E.

Any yearly certification or training that an h employer requires as a condition of employment may remain in g o place and applicable to any employee taking welcome child or t hr g e i k family wellness leave;

provided that nothing in this subsection h r i s shall supersede another provision of law or a collective h , t, bargaining agreement that governs an employee's return to work e u g e b l e e h after leave.

n d d i = = o h F.

Nothing in this section shall prohibit an l ] b ,d i a º e employer from requiring an employee who uses welcome child or r i = r t e w d family wellness leave to report periodically to the employer on them statusa andn intentiono ofd them employee: to return to work.

b e d s º o t n = .230488.8AIC March 10, 2025 (6:14pm) s k m e - 28 - e a n e d r e l u [ A d HCEDC/HB 11 the status and intention of the employee to return to work.

The e t 17 employee on leave shall pay the same share of premium payments w l n d 18 as the employee would have paid if the employee were not on = = 19 leave.

a l i a e r 20 SECTION 11.

[NEW MATERIAL]MATERIAL ] INTERFERENCE AND RETALIATION a t m m 21 PROHIBITED.-- d r e 22 A.

It is unlawful for an employer or any other c e s k 23 person to interfere with, restrain or deny the exercise of, or e a n b 24 the attempt to exercise, any right protected pursuant to the u [ Welcome Child and Family Wellness Leave Act.

.230488.8 - 28 - HCEDC/HB 11 B.

An employer shall timely provide to an employee h documents required to apply for leave pursuant to the Welcome g o Child and Family Wellness Leave Act.

t hr g e C.

An employer, employee organization or other i k h r i s person shall not take retaliatory personnel action or otherwise h , t, discriminate against a person because the person exercised e u g e b l rights protected pursuant to the Welcome Child and Family e e h n d d i Wellness Leave Act.

= = o h l ] b ,d i a º e (1) requesting, filing for, applying for or r i = r t e w d exercising any right to take leave as provided for pursuant to them Welcomea Childn ando Familyd Wellnessm Leave: Act;

b e d s º o t n = .230488.8AIC March 10, 2025 (6:14pm) s k m e - 29 - e a n e d r e l u [ A d HCEDC/HB 11 the Welcome Child and Family Wellness Leave Act;

(3) testifying, planning to testify or assisting at any time in any investigation, hearing or e t 17 proceeding pursuant to the Welcome Child and Family Wellness w l n d 18 Leave Act;

= = 19 (4) informing any person about an employer's a l i a e r 20 alleged violation of the Welcome Child and Family Wellness a t m m 21 Leave Act;

and d r e 22 (5) informing any person of the person's c e s k 23 rights pursuant to the Welcome Child and Family Wellness Leave e a n b 24 Act.

u [ D.

It is unlawful for an employer's absence policy .230488.8 - 29 - HCEDC/HB 11 to count leave taken pursuant to the Welcome Child and Family h Wellness Leave Act as an absence that may lead to or result in g o discipline, discharge, demotion, suspension or any other t hr g e i k adverse action.

h r i s E.

The protections provided in this section shall h , t, apply to any person who reasonably but mistakenly alleges e u g e b l e e h violations of the Welcome Child and Family Wellness Leave Act.

n d d i = = o h F.

An employer that is found by a hearing officer l ] b ,d i a º e or court of competent jurisdiction to have discharged a worker r i = r t e w d in violation of this section shall rehire that employee;

providedm thata then workero agreesd tom be: rehired.

b e d s º o t n = .230488.8AIC March 10, 2025 (6:14pm) s k m e - 30 - e a n e d r e l u [ A d HCEDC/HB 11 provided that the worker agrees to be rehired.

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

An applicant, an authorized representative or an employer named in a claim for welcome child or family wellness e t 17 leave may appeal an adverse determination of that claim for w l n d 18 leave to the department as follows:

= = 19 (1) the aggrieved party shall:

a l i a e r 20 (a) file an appeal in writing with the a t m m 21 department within fifteen business days of receiving notice of d r e 22 the adverse decision;

c e s k 23 (b) set forth the reasons for appeal;

e a n b 24 and u [ (c) provide notice to all parties that .230488.8 - 30 - HCEDC/HB 11 an appeal has been filed;

and h (2) the secretary or authorized representative g o may:

t hr g e (a) hold a hearing within ten business i k h r i s days after an appeal is properly made, due notice is given to h , t, the parties in dispute and mediation is refused by any party;

e u g e b l (b) develop a record of the proceedings;

e e h n d d i and = = o h l ] b ,d i a º e (c) rule on the appeal within twenty r i = r t e w d business days after the completion of the hearing and issue a finalm decisiona inn accordanceo withd Subsectionm B: of Section 39-3-1.1 NMSA 1978.

b e d s º o t n = .230488.8AIC March 10, 2025 (6:14pm) s k m e - 31 - e a n e d r e l u [ A d HCEDC/HB 11 final decision in accordance with Subsection B of Section 39-3-1.1 NMSA 1978.

e t 17 (1) the aggrieved party or the department w l n d 18 shall:

= = 19 (a) file a complaint alleging a a l i a e r 20 violation of the Welcome Child and Family Wellness Leave Act in a t m m 21 writing with the department within thirty business days of d r e 22 becoming aware of the alleged violation;

c e s k 23 (b) set forth the grounds of the e a n b 24 complaint;

and u [ (c) provide notice to parties to the .230488.8 - 31 - HCEDC/HB 11 alleged violation that a complaint has been filed;

and h (2) the secretary or authorized representative g o shall:

t hr g e i k (a) upon receipt of a complaint alleging h r i s a violation, first allow for mediation upon agreement by all h , t, parties;

e u g e b l e e h (b) hold a hearing within ten business n d d i = = o h days after a complaint is properly made, due notice is given to l ] b ,d i a º e the parties in dispute and mediation is refused by any party;

r i = r t e w d (c) develop a record of the proceedings;

(d)m have power to take disciplinary action, including investigating, fining, censuring or reprimanding a partyn oro suspendingd orm revoking: a waiver issued pursuant to the Welcome Child and Family Wellness Leave Act;

andb (e)e ruled ons aº complainto withint twentyn e= t.230488.8AIC 17March business10, days2025 after(6:14pm) thes completionk ofm thee hearing- and32 issue- e a wn e d r e l nu [ A d 18HCEDC/HB final11 decision(d) inhave accordancepower withto Subsectiontake Bdisciplinary ofaction, Sectionincluding =investigating, =fining, 19censuring 39-3-1.1or NMSAreprimanding 1978.a party or suspending or revoking a waiver issued pursuant to the Welcome Child and Family Wellness Leave Act;

and (e) rule on a lcomplaint iwithin twenty business days after the completion of the hearing and issue a efinal rdecision 20in C.accordance with Subsection B of Section 39-3-1.1 NMSA 1978.

AC. party may appeal a final decision made by the a t m m 21 department pursuant to the provisions of this section to the d r e 22 district court pursuant to Section 39-3-1.1 NMSA 1978.

cA eparty smay kappeal 23a D.final decision made by the department pursuant to the provisions of this section to the district court pursuant to Section 39-3-1.1 NMSA 1978.

TheD. department may appear in its own name in e a n b 24 district court in actions for injunctive relief to prevent any u [ person or entity from violating the provisions of the Welcome .230488.8 - 32 - HCEDC/HB 11 Child and Family Wellness Leave Act or rules promulgated by the department.

SECTIONThe 13.department may appear in its own name in district court in actions for injunctive relief to prevent any person or entity from violating the provisions of the Welcome Child and Family Wellness Leave Act or rules promulgated by the h department.

[NEWg MATERIAL]o PREEMPTION.--SECTION A.13.

A[NEW city,MATERIAL county,] homePREEMPTION.-- rulet municipalityhr org othere politicalA. subdivision of the state shall not adopt or continue in effect any ordinance, rule, regulation, resolution or statute that establishes a program of rights and benefits as set out in the Welcome Child and Family Wellness Leave Act, excluding a paid sick leave or paid time off ordinance, policy or resolution.

B.A city, county, home rule municipality or other i k h r i s political subdivision of the state shall not adopt or continue h , t, in effect any ordinance, rule, regulation, resolution or e u g e b l statute that establishes a program of rights and benefits as e e h n d d i set out in the Welcome Child and Family Wellness Leave Act, = = o h l ] b ,d i a º e excluding a paid sick leave or paid time off ordinance, policy r i = r t e w d or resolution.

m a n o d m :

b e d s º o t n = .230488.8AIC March 10, 2025 (6:14pm) s k m e - 33 - e a n e d r e l u [ A d HCEDC/HB 11 B.

[NEW MATERIAL]MATERIAL ] COLLECTIVE BARGAINING e t 17 AGREEMENTS UNAFFECTED.--Nothing in the Welcome Child and Family w l n d 18 Wellness Leave Act shall be construed to diminish the rights, = = 19 privileges or remedies of any employee under any collective a l i a e r 20 bargaining agreement.

a t m m 21 SECTION 15.

[NEW MATERIAL]MATERIAL ] DEPARTMENT TO PROMULGATE d r e 22 RULES--AGENCIES AND DEPARTMENTS TO COOPERATE.-- c e s k 23 A.

By July 1, 2026, the department shall adopt e a n b 24 initial rules to implement the provisions of the Welcome Child u [ and Family Wellness Leave Act.

.230488.8 - 33 - HCEDC/HB 11 B.

State agencies and departments shall cooperate h with the secretary to timely and efficiently provide the g o information and services necessary to carry out the provisions t hr g e i k of the Welcome Child and Family Wellness Leave Act.

h r i s C.

The department's initial rules shall address the h , t, interaction of benefits or coordination of leave when a covered e u g e b l e e h individual is concurrently eligible for family wellness and n d d i = = o h welcome child leave pursuant to the Welcome Child and Family l ] b ,d i a º e Wellness Leave Act and other benefits available by law.

r i = r t e w d m a n o SECTION 16.

TEMPORARY PROVISION--WELCOME CHILD AND FAMILY WELLNESSd LEAVEm IMPLEMENTATION: ADVISORY COMMITTEE--CREATED-- PURPOSE--MEMBERS.-- A.

b e d s º o t n = .230488.8AIC March 10, 2025 (6:14pm) s k m e - 34 - e a n e d r e l u [ A d HCEDC/HB 11 WELLNESS LEAVE IMPLEMENTATION ADVISORY COMMITTEE--CREATED-- PURPOSE--MEMBERS.-- A.

e t 17 Members of the advisory committee include:

w l n d 18 (1) four representatives of employers;

and = = 19 (2) four representatives of employees.

a l i a e r 20 B.

The welcome child and family wellness leave a t m m 21 implementation advisory committee shall provide input regarding d r e 22 best practices for the efficient and timely development, c e s k 23 implementation and promulgation of rules and educational e a n b 24 materials to carry out the provisions of the Welcome Child and u [ Family Wellness Leave Act.

.230488.8 - 34 - HCEDC/HB 11 C.

The secretary of workforce solutions shall h consult with the welcome child and family wellness leave g o implementation advisory committee at least quarterly as rules t hr g e are developed to implement a program pursuant to the Welcome i k h r i s Child and Family Wellness Leave Act.

h , t, D.

Members of the welcome child and family wellness e u g e b l leave implementation advisory committee are not entitled to per e e h n d d i diem and mileage expenses.

The workforce solutions department = = o h l ] b ,d i a º e shall provide staff for the committee.

r i = r t e w d E.

The welcome child and family wellness leave implementationm advisorya committeen shallo functiond fromm the: date of its appointment, which shall be no later than October 1, 2025, until January 1, 2027.

-b 35e -d 16s eº o t 17n w= l.230488.8AIC nMarch d10, 182025 =(6:14pm) =s 19k am le i- 35 - e a n e d r 20e al tu m[ mA 21 d rHCEDC/HB e11 22implementation cadvisory ecommittee sshall kfunction 23from ethe adate nof bits 24appointment, uwhich [shall .230488.8be no later than October 1, 2025, until January 1, 2027.

- 36 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , g n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :

b r e t º o t n = .230488.8AIC March 10, 2025 (6:14pm) s k em e e a n e d r e l u [ A d