New Mexico 2025 Regular Session Status: In Committee 2 D cosponsors

HB 438 — EMPLOYEE PAYMENT FOR UNUSED LEAVE

Last action — action postponed indefinitely

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2025 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

42 added · 17 removed

Plain-language change summary

The recent amendments to Bill HB 438 change how state employees can exchange their unused compensatory leave for compensation. Previously, employees would receive payment for their unused leave only at the end of each calendar year, but now they will have the opportunity to cash out their leave at least twice a year. This change is significant because it provides employees with more flexibility and immediate financial benefits, allowing them to better manage their leave and finances throughout the year.

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HOUSE BILL 438 57TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2025 INTRODUCED BY Tara L.
HOUSE LABOR, VETERANS' AND MILITARY AFFAIRS COMMITTEE SUBSTITUTE FOR HOUSE BILL 438 57 TH LEGISLATUR- STATE OF NEW MEXICO - FIRST SESSIO, 2025 4 6 8 10 AN ACT RELATING TO EMPLOYEE BENEFITS;
Lujan and Patricia Roybal Caballero 6 8 10 AN ACT RELATING TO EMPLOYEE BENEFITS;
REQUIRING EMPLOYEES OF THE STATE AND POLITICAL SUBDIVISIONS OF THE STATE TO BE PROVIDED AN OPPORTUNITY TO EXCHANGE UNUSED COMPENSATORY LEAVE FOR COMPENSATION AT LEAST TWICE EACH YEAR.
REQUIRING EMPLOYEES OF THE STATE AND POLITICAL SUBDIVISIONS OF THE STATE TO BE PAID FOR UNUSED COMPENSATORY TIME AT THE END OF EACH CALENDAR YEAR.
16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
e t 17 SECTION 1.
SECTION 1.
A new section of Chapter 10, Article 7 NMSA w l n d 18 1978 is enacted to read:
A new section of Chapter 10, Article 7 NMSA e t 17 1978 is enacted to read:
= = 19 a l "[NEW MATERIAL] PAYMENT OF COMPENSATORY LEAVE.--At least i a e r 20 twice each year, an employee of the state or a political a t m m 21 subdivision of the state shall be provided an opportunity to d r e 22 exchange unused compensatory leave for compensation.
w l n d 18 "[NEW MATERIAL] PAYMENT OF COMPENSATORY LEAVE.--An = = 19 a l employee of the state or a political subdivision of the state i a e r 20 shall be paid the full value of all unused compensatory leave a t m m 21 at the end of each calendar year." d r e 22 SECTION 2.
The c e s k 23 employee shall be paid the full value of all unused e a n b 24 compensatory leave that is exchanged." u [ SECTION 2.
APPLICABILITY.--To the extent any provision of c e s k 23 this act conflicts with a current collective bargaining e a n b 24 agreement negotiated pursuant to the Public Employee Bargaining u [ Act, the provisions of this act shall not apply.
APPLICABILITY.--To the extent any provision of .231413.1 HLVMC/HB 438 this act conflicts with a current collective bargaining agreement negotiated pursuant to the Public Employee Bargaining Act, the provisions of this act shall not apply.
.230095.1
- 2 - 6 8 10 12 14 16 e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .231413.1
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Action History

  1. action postponed indefinitely

  2. DO PASS committee report adopted

  3. DO NOT PASS, replaced with committee substitute

  4. Sent to House Labor, Veterans & Military Affairs Committee & House Government, Elections and Indian Affairs Committee

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 110 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (110)

110 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety labor
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Frequently asked questions

Who sponsors HB 438?
HB 438 is sponsored by Patricia Roybal Caballero (Democrat) and Tara L. Lujan (Democrat).
What is the current status of HB 438?
This bill died with 2025 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 438?
Track HB 438 free on One Click Politics — get push/email alerts when it moves.

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