HB 415 — NOTICE OF USE OF EARNED SICK LEAVE

HOUSE BILL 415 57TH LEGISLATURE -STATEOFNEWMEXICO-- STATE OF NEW MEXICO - FIRST SESSION, 2025 INTRODUCED BY Mark Duncan 6This 8document 10may ANincorporate ACTamendments RELATINGproposed TOby EMPLOYMENT;a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.

PROVIDINGThe THATdocument WHENis THEa USEtool OFto EARNEDshow SICKamendments LEAVEin IScontext NOTand FORESEEABLE,cannot ANbe EMPLOYEEused SHALLfor NOTIFYthe THEpurpose EMPLOYERof ORALLYadding ORamendments INto WRITINGlegislation. PURSUANT TO THE WRITTEN POLICY OF THE EMPLOYER.

16h BEAN ITACT ENACTEDg BYo THERELATING LEGISLATURETO OFEMPLOYMENT; THE STATE OF NEW MEXICO:

ePROVIDING THAT WHEN THE USE OF EARNED t 17hr SECTIONg 1.e i k SICK LEAVE IS NOT FORESEEABLE, AN EMPLOYEE SHALL NOTIFY THE h r i s EMPLOYER ORALLY OR IN WRITING PURSUANT TO THE WRITTEN POLICY OF h , t, THE EMPLOYER.

Sectione 50-17-3u NMSAg 1978e (beingb Lawsl 2021,e we lh n d 18d Chapteri 131,= Section= 3)o ish amendedBE toIT read:ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

=l =] 19b ,d i a lº "50-17-3.e SECTION 1.

EARNEDSection SICK50-17-3 LEAVE--USENMSA AND1978 ACCRUAL.--(being Laws 2021, r i a= r t e rw 20d A.m a n o Chapter 131, Section 3) is amended to read:

Employeesd shall accrue a minimum of one hour of a t m m: 21 earned sick leave for every thirty hours worked;

providedb thate d rs eº 22o employerst mayn choose= .229854.1AIC March 6, 2025 (1:36pm) s k m e e a highern accruale rate;d r e l u [ A d "50-17-3.

andEARNED providedSICK cLEAVE--USE eAND sACCRUAL.-- kA. 23 further that an employer may instead elect to grant employees e a n b 24 the full sixty-four hours of earned sick leave for the upcoming u [ year on January 1 of each year or, for employees whose .229854.1 employment begins after January 1 of a given year, a pro rata portion of the sixty-four hours for use in the remainder of that year.

Employees shall accrue a minimum of one hour of earned sick leave for every thirty hours worked;

provided that employers may choose a higher accrual rate;

and provided further that an employer may instead elect to grant employees the full sixty-four hours of earned sick leave for the upcoming year on January 1 of each year or, for employees whose employment begins after January 1 of a given year, a pro rata portion of the sixty-four hours for use in the remainder of that year.

(1) earned sick leave as provided in the Healthy Workplaces Act shall begin to accrue upon the latter of h commencement of the employee's employment or the effective date u » r of the Healthy Workplaces Act and may be used beginning on the t h g e l i latter of those dates;

h r i s (2) employees who are exempt from overtime h , e h requirements pursuant to the federal Fair Labor Standards Act t u g e b l e e , gh of 1938, 29 U.S.C.

Section 213(a)(1), shall be assumed to work n d d i = = o h forty hours in each work week for the purposes of earned sick el t] 17b ,d i a º r leave accrual unless their normal work week is less than forty we lr n= t e w d 18m a n o hours, in which case earned sick leave accrues based on their =d =m 19: a l normal work week;

ib ar e rt 20º (3)o accruedt unusedn earned= sick.229854.1AIC leaveMarch shall6, a2025 t(1:36pm) ms k m 21e carry- over2 from- yeare toa year,n bute an employer is not required d r e 22l tou permit[ anA employeed tonormal usework moreweek; than sixty-four hours in a c e s k 23 twelve-month period;

e(3) aaccrued nunused bearned 24sick (4)leave nothing in this section shall becarry construedover ufrom [year as requiring financial or other reimbursement to anyear, employeebut .229854.1 - 2 - from an employer uponis thenot employee'srequired termination,to resignation,permit retirementan oremployee otherto separationuse frommore employmentthan forsixty-four accruedhours earnedin sicka leavetwelve-month thatperiod; has not been used;

(4) nothing in this section shall be construed as requiring financial or other reimbursement to an employee from an employer upon the employee's termination, resignation, retirement or other separation from employment for accrued earned sick leave that has not been used;

When there is a separation from employment, and the h employee is rehired within twelve months of separation by the u » r same employer, previously accrued earned sick leave that has t h g e l i not been used shall be reinstated.

Further, the employee shall h r i s be entitled to use accrued earned sick leave and accrue h , e h additional earned sick leave upon re-commencement of t u g e b l e e , gh employment;

n d d i = = o h (6) when a different employer succeeds or el t] 17b ,d i a º r takes the place of an existing employer, all employees of the we lr n= dt 18e originalw employerd whom remaina employedn byo theoriginal successor employer =who =remain 19 a l are entitled to all earned sick leave accrued when employed by i a e r 20 the originalsuccessor employer andd are entitled to use all earned sick a t m m: 21 leave previously accrued as provided in this section;

db r e 22t (7)º foro purposest ofn this= subsection,.229854.1AIC anMarch c6, e2025 (1:36pm) s k 23m employere may- choose3 any- onee ofa then followinge methodsd forr e al nu b[ 24A determiningd theare twelve-monthentitled periodto inall whichearned sick leave accrued when employed by the original employer and are entitled to use all earned sick uleave [previously leaveaccrued mayas beprovided used:in this section;

.229854.1(7) -for 3purposes -of (a)this subsection, an employer may choose any one of the calendarfollowing year;methods for determining the twelve-month period in which the earned sick leave may be used:

(a) the calendar year;

or (d) a rolling twelve-month period measured backward from the date an employee uses any earned h sick leave;

and g o t hr (8) for purposes of this subsection, "year to g e i k year" shall run concurrently with the twelve-month period h r i s elected by the employer.

h , t, C.

e u g e b l e e h (1) for the employee's:

n d d i = = o h (a) mental or physical illness, injury el t] 17b ,d i a º e or health condition;

wr li n= dr 18t (b)e medicalw diagnosis,d carem ora treatmentn =o =(b) 19medical adiagnosis, lcare of a mental or physicaltreatment illness,d injurym or: health condition;

orb ie d s º o t n = .229854.1AIC March 6, 2025 (1:36pm) s k m e - 4 - e a n e d r 20e (c)l preventiveu medical[ care;A d of a mental or physical illness, injury or health condition;

a t m m 21 (2) for care of family members of the employee d r e 22 for:

c e s k 23 (a) mental or physical illness, injury e a n b 24 or health condition;

u [ (b) medical diagnosis, care or treatment .229854.1 - 4 - of a mental or physical illness, injury or health condition;

(2) for care of family members of the employee for:

(a) mental or physical illness, injury or health condition;

(b) medical diagnosis, care or treatment of a mental or physical illness, injury or health condition;

or (c) preventive medical care;

h (a) obtain medical or psychological g o t hr treatment or other counseling;