HB 38 — PAID FAMILY & MEDICAL LEAVE ACT

"leave compensation" means income that the department pays from the fund to an employee forHJCº familyfor»HJC orHJCºwho etakes»HJC tfamily 17or medical leave;

w l n d 18 M.

"medical leave" means paidHJCºpaid»HJC leave for which an =employee =HJCºapplies»HJC 19HJCºcan aapply lfor employeeleave appliescompensation»HJC pursuant to the Paid Family and Medical Leave i a e r 20 Act to allow the employee to provide care for the employee's a t m m 21 own serious health condition or to care for a family member d r e 22 with a serious health condition;

c e s k 23 N.

"secretary" means the secretary of workforce e a n b 24 solutions;

u [ O.

"serious health condition" means an illness, .218534.3 - 4 - injury, impairment or physical or mental condition that involves:

h (1) inpatient care in a hospital, hospice or g o t hr residential medical facility;

or g e i k (2) continuing treatment by a health care h r i s provider;

and h , t, e u g P.

e b l e e h SECTION 3.

[NEW MATERIAL]MATERIAL ] PAID FAMILY AND MEDICAL LEAVE n d d i = = o h TRUST FUND--CREATION.-- l ] b ,d i a º e r i = r A.

The "paid family and medical leave trust fund" t e w d m a n o is created as a nonreverting fund in the state treasury and shalld bem administered: by the department.

b e d s º o t n = .218534.3AIC February 24, 2021 (1:46pm) s k m e - 5 - e a n e d r e l u [ A d shall be administered by the department.

e t 17 Income from investment of the fund shall be credited to the w l n d 18 fund.

= = 19 a l B.

Money in the fund is appropriated to the i a e r 20 department to distribute leave compensation pursuant to the a t m m 21 Paid Family and Medical Leave Act and to cover the costs of d r e 22 administering the paid family and medical leave program c e s k 23 pursuant to that act.

e a n b 24 C.

Money shall be disbursed from the fund only on u [ warrant issued by the department of finance and administration .218534.3 - 5 - pursuant to vouchers signed by the secretary or the secretary's authorized representative.

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

D.

The secretary shall ensure and maintain the self-sufficiency and solvency of the fund by performing an annual financial analysis and reporting the results and recommendations based on the analysis to the appropriate legislative body for adjustment of the formula used to determine employer and employee contributions to the fund.

SECTION 4.

[NEW MATERIAL] APPLICABILITY--CONTRIBUTIONS TO FUND--REMITTANCE OF CONTRIBUTIONS--EXEMPTION FOR PRIVATELY RUN PROGRAMS--REQUIREMENTS OF PRIVATELY RUN PROGRAMS.-- A.

The Paid Family and Medical Leave Act applies to:

(1) all public and private employees who are e t 17 subject to state jurisdiction, except those employees who are w l n d 18 employed by the United States;

= = 19 a l (2) the employers of employees as described in i a e r 20 Paragraph (1) of this subsection, whether or not the employer a t m m 21 is physically located in the state;

and d r e 22 (3) self-employed individuals subject to state c e s k 23 jurisdiction who opt into the program.

e a n b 24 B.

Beginning July 1, 2023 and for each calendar u [ quarter thereafter, there is assessed against each .218534.3 - 6 - participating employee one-half percent of the employee's earnings to fund leave compensation payments.

An employee's contribution to the fund shall not be deducted from the employee's leave compensation.

BeginningMoney Julyshall 1,be 2023disbursed andfrom forthe eachfund calendaronly quarteron thereafter,warrant thereissued isby assessedthe againstdepartment eachof employerfinance withand participatingadministration employeespursuant an amount equal to four-tenthsvouchers percentsigned ofby eachthe participatingsecretary employee'sor earningsthe tosecretary's fundauthorized administrativerepresentative. costs.

D.Any unexpended or unencumbered h balance remaining at the end of a fiscal year shall not revert g o t hr to the general fund.

Beginningg Julye 1,i 2023k andD. for each calendar quarter thereafter, there is assessed against each self- employed individual as described in Paragraph (3) of Subsection A of this section nine-tenths percent of the individual's net annual earnings as designated by the self-employed individual.

The secretary shall ensure and maintain the h r i s self-sufficiency and solvency of the fund by performing an h , t, annual financial analysis and reporting the results and e u g e b l e e h recommendations based on the analysis to the appropriate n d d i = = o h legislative body for adjustment of the formula used to l ] b ,d i a º e determine employer and employee contributions to the fund.

r i = r t e w d m a n o SECTION 4.

[NEW MATERIAL ] APPLICABILITY--CONTRIBUTIONS TO d m :

b e d s º o t n = .218534.3AIC February 24, 2021 (1:46pm) s k m e - 6 - e a n e d r e l u [ A d FUND--REMITTANCE OF CONTRIBUTIONS--EXEMPTION FOR PRIVATELY RUN PROGRAMS--REQUIREMENTS OF PRIVATELY RUN PROGRAMS.-- A.

The Paid Family and Medical Leave Act applies to:

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

(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 (3) self-employed individuals subject to state jurisdiction who opt into the program.

B.

Beginning July 1, 2023 and for each calendar quarter thereafter, there is assessed against each participating employee one-half percent of the employee's earnings to fund leave compensation payments.

An employee's h contribution to the fund shall not be deducted from the g o t hr employee's leave compensation.

g e i k C.

Beginning July 1, 2023 and for each calendar h r i s quarter thereafter, there is assessed against each employer h , t, with participating employees an amount equal to four-tenths e u g e b l e e h percent of each participating employee's earnings to fund n d d i = = o h administrative costs HCEDCº and leave compensation l ] b ,d i a º e payments»HCEDC .

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

Beginning July 1, 2023 and for each calendar d m :

b e d s º o t n = .218534.3AIC February 24, 2021 (1:46pm) s k m e - 7 - e a n e d r e l u [ A d quarter thereafter, there is assessed against each self- employed individual as described in Paragraph (3) of Subsection A of this section nine-tenths percent of the individual's HCEDCº annual»HCEDC net HCEDCºannual earnings»HCEDC HCEDCºincome»HCEDC as designated by the self-employed individual.

The contributions of employees and employers shall be remitted by the employer following the end of each e t 17 quarter for which the contributions are deducted and on a date w l n d 18 determined by the secretary.

= = 19 a l F.

The contributions of self-employed individuals i a e r 20 shall be remitted by the individual following each end of the a t m m 21 quarter for which the contributions are deducted and on a date d r e 22 determined by the secretary.

A self-employed individual shall c e s k 23 not be required to make contributions from leave compensation.

e a n b 24 G.

An employer that has adopted and operates a paid uh [ family and medical leave plan or program for the benefit of its .218534.3u -» 7r - employees that provides leave and leave compensation equal to t h g e l i or greater than the leave and leave compensation offered under h r i s the Paid Family and Medical Leave Act may apply for a waiver to h , e h exempt the employer and its employees from making required t u g e b l e e , gh contributions to the fund.

The employer shall apply and n d d i = = o h provide supporting documentation to the department for l ] b ,d i a º r exemption each calendar year.

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

An employer granted a waiver pursuant to Subsectiond Gm of: this section and the employer's employees shall have the same rights and protections enjoyed by employers and employees covered under the Paid Family and Medical Leave Act, including the right to appeal to the department.

b r e t º o t n = .218534.3AIC February 24, 2021 (1:46pm) s k m e - 8 - e a n e d r e l u [ A d Subsection G of this section and the employer's employees shall have the same rights and protections enjoyed by employers and employees covered under the Paid Family and Medical Leave Act, including the right to appeal 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 a t m m 21 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 uh [ is violated.

.218534.3g -o 8t -hr J.

A paid family and medical leave plan that is g e i k privately operated, as described in Subsection G of this h r i s section, shall not:

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

or (2)r imposei additional= restrictionsr ort conditionse onw thed processm ofa applyingn foro or(2) receivingimpose leaveadditional restrictions or leaved compensationm beyond: those explicitly authorized by state law.

b e d s º o t n = .218534.3AIC February 24, 2021 (1:46pm) s k m e - 9 - e a n e d r e l u [ A d conditions on the process of applying for or receiving leave or leave compensation beyond those explicitly authorized by state law.

[NEW MATERIAL]MATERIAL ] ELIGIBILITY--LEAVE COMPENSATION e t 17 CALCULATION--LEAVE DURATION--DOCUMENTATION REQUIRED--NOTICE OF w l n d 18 DETERMINATION.-- = = 19 a l A.

Beginning JanuaryHJCº January»HJC HJCºJuly»HJC 1, 2024, anHJCºan employer shallshall»HJC iHJCºallow»HJC aHJCºthe edepartment rshall 20provide allowleave compensation to»HJC an eligible employee toHJCºto taketake»HJC HJCºwho takes»HJC family leave or medical a t m m 21 leave after the employee, in accordance with the provisions of d r e 22 the Paid Family and Medical Leave Act and h department rules, c e s k 23 has:

eg ao nt bhr 24 (1) filed a claim for leave g e i k HJCºcompensation»HJC approved by the u [ department;

.218534.3h -r 9i -s (2) certified that the employee will not h , t, e u g obtain new employment or enter into any new independent e b l e e h contractor agreements during the time the employee receives n d d i = = o h leave compensation pursuant to the Paid Family and Medical l ] b ,d i a º e r i = r Leave Act;

and (3)t contributede tow thed fundm fora atn leasto six(3) monthscontributed duringto any employment in the twelve-monthfund period prior to submitting an application, not including contributions made for employmentat thatleast thesix employeed willm continue: during the leave.

b e d s º o t n = .218534.3AIC February 24, 2021 (1:46pm) s k m e - 10 - e a n e d r e l u [ A d months during any employment in the twelve-month period prior to submitting an application, not including contributions made for employment that the employee will continue during the leave.

Beginning JanuaryHJCº January»HJC HJCºJuly»HJC 1, 2024, the department shall provide leave compensation to an eligible self-employed individual after the self-employed individual, in accordance with the provisions of the Paid Family and Medical Leave Act and department rules, has:

(1) filed a claim for leave HJCºcompensation»HJC approved by the e t 17 department;

w l n d 18 (2) certified that the self-employed = = 19 a l individual will not obtainHCEDCºobtain»HCEDC HCEDCºcommence»HCEDC new employment or enter into anyHCEDCºany»HCEDC new i a e r 20 independent contractor agreements duringHCEDCºrelated theto timework theperformed self-by athe tindividual»HCEDC mduring mthe 21time employedthe self-employed individual h receives leave compensation pursuant to the dPaid rFamily eand 22g Paido Familyt andhr Medical Leave Act;

and cg e si k 23 (3) contributed to the fund for at least six eh ar ni bs 24 months during the twelve-month period prior to submitting an h , t, e u [g application, not including contributions made for other .218534.3e -b 10l -e e h employment that the self-employed individual will continue n d d i = = o h during the leave.

l ] b ,d i a º e r i = r C.

An employee or self-employed individual is t e w d m a n o eligible HJCº to taketake»HJC HJCºfor»HJC a maximum of twelve weeks'd leavem during: any twelve-month period;

providedb thate and employees orº self-employedo individualt mayn take= leave.218534.3AIC intermittentlyFebruary and24, is2021 not(1:46pm) requireds tok usem twelvee weeks- of11 - e a n e d r e l u [ A d HJCºweeks'»HJC HJCºweeks of»HJC leave atHJCºcompensation»HJC during any onetwelve-month time.period;

provided that an employee or self-employed individual may HJCºtake leave»HJC HJCºreceive leave compensation for leave taken»HJC intermittently and is not required to use twelve weeks of leave at any one time.

An individual who becomes unemployed after contributing to the fund as required by the Paid Family and Medical Leave Act and who is eligible for leave HJCºcompensation»HJC at the time the individual becomes unemployed may, within one year of becoming unemployed, apply for leaveHJCºleave»HJC and receive leave compensation if the individual is not receiving unemployment insurance benefits.

e t 17 (1) the employee or self-employed individual w l n d 18 files a fraudulent claim for leave;

=h = 19 a l (2) the employee or self-employed individual ig ao et rhr 20 knowingly and willfully brings about the injury or sickness of ag te mi mk 21 the employee, self-employed individual or another for which a dh r ei 22s claim for leave is filed;

or ch e, st, ke 23u g (3) during leave, the employee or self- e ab nl be 24e h employed individual does not provide the care or use leave as un [d d i = = o h described in the employee's application for leave.

.218534.3l -] 11b -,d i a º e F.

The department shall issue leave compensation r i = r t e w d m a n o from the fund to an HCEDCº eligible»HCEDC employee asHCEDCºwhose follows:d m :

b e d s º o t n = .218534.3AIC February 24, 2021 (1:46pm) s k m e - 12 - e a n e d r e l u [ A d claim has been approved»HCEDC as follows:

(2) an HCEDCº eligible»HCEDC employee's weekly leave compensation shall equal one hundred percent of the compensation that would be paid to a minimum-wage-earning employee, pursuant to Section 50-4-22 NMSA 1978, working the same number of hours per week as the employee, plus sixty-seven percent of the employee'sHCEDCº eemployee's»HCEDC t 17 average earnings per h week greater than the minimum wage w l n d 18 compensation;

and =u =» 19r a l (3) the maximum amount of weekly leave it ah g e rl 20i compensation shall be no more than the annual mean wage of all ah tr mi ms 21 occupations in New Mexico as calculated by the United States dh r, e 22h bureau of labor statistics state occupational employment and ct u g e sb kl 23e e , gh wage estimates for the most recent year available divided by en ad nd bi 24= = o h fifty-two.

ul [] b ,d i a º r G.

The department shall issue leave compensation .218534.3e -r 12= -t e w d m a n o from the fund to self-employed individuals as follows:

(1)d am self-employed: individual shall determine the annual net income to be used by the department when the self-employed individual enrolls in the paid family and medical leave program up to a maximum of sixty thousand dollars ($60,000).

b r e t º o t n = .218534.3AIC February 24, 2021 (1:46pm) s k m e - 13 - e a n e d r e l u [ A d (1) a self-employed individual shall determine the annual net income to be used by the department when the self-employed individual enrolls in the paid family and medical leave program up to a maximum of sixty thousand dollars ($60,000).

(3) a self-employed individual's weekly leave compensation shall equal one hundred percent of the compensation that would be paid to a minimum-wage-earning employee, pursuant to Section 50-4-22 NMSA 1978, working full time each week, plus sixty-seven percent of the HCEDCº employee's eaverage tnet 17income averageper week»HCEDC h HCEDCºself-employed individual's net income per weekweek»HCEDC u » r greater than the minimum wage w l n d 18 compensation;

and =t =h 19g ae l i (4) the maximum amount of weekly leave ih a e r 20i s compensation shall be no more than the annual mean wage of all ah t, me mh 21 occupations in New Mexico as calculated by the United States dt ru g e 22b l e e , gh bureau of labor statistics state occupational employment and cn ed sd ki 23= = o h wage estimates for the most recent year available divided by el a] n b 24,d i a º r fifty-two.

ue [r = t e w d m a n o H.

When an employee or self-employed individual .218534.3d -m 13: - submits a claim for leave, the employee or self-employed individual shall provide the department with:

b r e t º o t n = .218534.3AIC February 24, 2021 (1:46pm) s k m e - 14 - e a n e d r e l u [ A d submits a claim for leave HJCºcompensation»HJC , the employee or self-employed individual shall provide the department with:

or (2) if the applicant is a self-employed individual, documentation that the individual's business operated and HCEDCº earned gross incomeincome»HCEDC HCEDCºnet income»HCEDC from self-employment during the previous twelve months.

(1) if approved, and shall notify the employee h or self-employed individual of the amount of leave compensation eu t» 17r that the employee or self-employed individual is eligible to wt lh ng de 18l i receive biweekly;

provided that an eligible employee or self- =h =r 19i as l employed individual shall begin receiving leave compensation ih a, e rh 20 within ten business days of the date of submission of a a t mu mg 21e b l e e , gh properly completed application or ten business days after n d rd ei 22= = o h approved leave begins;

cl e] sb k,d 23i a º r (2) if denied, and shall notify the employee e r = t e w d m a n bo 24 or self-employed individual of the grounds for denying the ud [m employee's: or self-employed individual's application for .218534.3 - 14 - eligibility and of the employee's or self-employed individual's right to appeal;

b r e t º o t n = .218534.3AIC February 24, 2021 (1:46pm) s k m e - 15 - e a n e d r e l u [ A d employee's or self-employed individual's application for eligibility and of the employee's or self-employed individual's right to appeal;

[NEW MATERIAL]MATERIAL ] CLAIMS FOR LEAVE-- DOCUMENTATION--CONFIDENTIALITY.-- A.

The department shall require an employee or self-employed individual who seeks family leave HJCºcompensation»HJC to provide, in accordance with department h rules, information relating to the family member that verifies g o t hr the employee's or self-employed e t 17 individual's claim for family leave.g e i k leave HJCº compensation»HJC .

wh lr ni ds 18 B.

The department shall require an employee or =h =, 19t, ae lu g self-employed individual who seeks medical leave toe provide,b inl ie a e rh 20HJCºcompensation»HJC to provide, in accordance with department n d d i = = o h rules, verification by a health care aprovider tthat mthe ml 21] providerb that,d thei a º e employee, self-employed individual or family dmember has a r i = r t e 22w memberd hasm a n o serious health condition that supports the c e s k 23 employee's or self-employedself- individual'sd claimm for: leave.

b e d s º o t n = .218534.3AIC February 24, 2021 (1:46pm) s k m e - 16 - e a n be 24d C.r e l u [ A d employed individual's claim for leave HJCºcompensation»HJC .

InformationC. contained in an employee's or self- u [ employed individual's files and records pertaining to the Paid .218534.3 - 15 - Family and Medical Leave Act are confidential and not open to public inspection, other than to public employees in the performance of their official duties.

Information contained in an employee's or self- employed individual's files and records pertaining to the Paid Family and Medical Leave Act are confidential and not open to public inspection, other than to public employees in the performance of their official duties.

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

AnBeginning July 1, 2024, an employer shall g e i k allow an employee shall:to take up to a combined total of twelve h r i s weeks of family leave and medical leave during any twelve-month h , t, e u g period.

(1)An makeemployee amay reasonabletake effortleave tointermittently scheduleand leaveis not e tb 17l soe ase noth required to undulyuse disrupttwelve theweeks operations of theleave employer;at any one time.»HJC n d d i = = o h HJCºA.»HJC HJCºB.»HJC An employee shall:

w l n] db 18,d (2)i providea theº employere withr priori notice of = =r 19(1) make a lreasonable theeffort to schedule onleave whicht thee employeew willd bem takinga leave,n too theso ias anot eto runduly 20disrupt extentthe practicable;operations of the employer;

andd a t m m: 21 (3) provide the employer with a copy of the d r e 22 employee's application for leave.

cb e d s º o t n = .218534.3AIC February 24, 2021 (1:46pm) s k 23m B.e - 17 - e a n e d r e l u [ A d (2) provide the employer with prior notice of the schedule on which the employee will be taking leave, to the extent practicable;

Leaveand taken(3) shallprovide notthe resultemployer inwith a reductioncopy of e a n b 24 the totalemployee's amountapplication offor leaveleave. to which an employee is entitled in u [ excess of the amount of leave actually taken;

providedHJCº thatB.»HJC anHJCºC.»HJC .218534.3Leave -taken 16shall -not employerresult subjectin toa thereduction federalof Familythe andtotal Medicalamount Leave Act of 1993leave mayto requirewhich an employee whois takesentitled leavein andexcess receivesof leave compensation under the Paidamount Familyof and Medical Leave Act to take paid leave concurrentlyactually withtaken; leave under the federal Family and Medical Leave Act of 1993.

C.provided that an employer subject to the federal Family and Medical Leave Act of 1993 may require an employee who takes HJCºfamily leave or medical»HJC leave and receives leave compensation under the Paid Family and Medical Leave Act HJCºto»HJC HJCºtake paid leave concurrently with»HJC HJCºthat also qualifies for»HJC leave under the federal Family and Medical Leave Act of 1993 HJCºto take the leaves concurrently»HJC .

h HJCºC.»HJC HJCºD.»HJC Nothing in this section g o t hr shall be construed to entitle an employee to more leave than g e i k required pursuant to Section 5 of the Paid Family and Medical h r i s Leave Act.

D.h , t, e u g HJCº D.»HJC HJCºE.»HJC An employer shall post and e b l e e h keep posted in a conspicuous place upon its premises a notice n d d i = = o h that informs employees of the right to take family and medical l ] b ,d i a º e r i = r leave and summarizes the major provisions of the Paid Family t e w d m a n o and Medical Leave Act.

And employerm shall: post and keep posted in a conspicuous place upon its premises a notice that informs employees of the right to take family and medical leave and summarizes the major provisions of the Paid Family and Medical Leave Act.

b e d s º o t n = .218534.3AIC February 24, 2021 (1:46pm) s k m e - 18 - e a n e d r e l u [ A d SECTION 8.

A self-employed individual shall notify the department within ten business days of the self-employed e t 17 individual's return to work.

w l n d 18 B.

Upon an employee's return after leave, an = = 19 a l employer shall:

i a e r 20 (1) restore the employee to the position of a t m m 21 employment held by the employee when the leave commenced or d r e 22 place the employee in a position for which employee benefits, c e s k 23 wages and other terms and conditions of employment are the same e a n b 24 as or greater than those of the position from which the u [ employee took leave;

and .218534.3 - 17 - (2) immediately notify the department that the employee has returned to work.

h (1) the accrual of seniority or employment g o t hr benefits during the period the employee is using leave;

or g e i k (2) the right to any benefit or position of h r i s employment other than the right the employee would have been h , t, entitled to had the employee not taken the leave.

e u g e b l e e h D.

Any yearly certification or training that an n d d i = = o h employer requires as a condition of employment may remain in l ] b ,d i a º e place and applicable to any employee taking leave;

provided thatr nothingi in= thisr subsectiont shalle supersedew anotherd provisionm of law or a collectiven bargainingo agreement that governsnothing anin employee'sthis returnsubsection toshall worksupersede afteranother leave.d m :

b e d s º o t n = .218534.3AIC February 24, 2021 (1:46pm) s k m e - 19 - e a n e d r e l u [ A d provision of law or a collective bargaining agreement that governs an employee's return to work after leave.

Nothing in this section shall prohibit an e t 17 employer from requiring an employee who uses leave to report w l n d 18 periodically to the employer on the status and intention of the = = 19 a l employee to return to work.

i a e r 20 F.

An employer shall pay its share of health a t m m 21 insurance premiums and maintain an employee's health coverage d r e 22 while the employee is on leave pursuant to the Paid Family and c e s k 23 Medical Leave Act under terms that the employee would have e a n b 24 received if the employee had not taken leave.

The employee on u [ leave shall pay the same share of premium payments as the .218534.3 - 18 - employee would have paid if the employee were not on leave.

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

It is unlawful for an employer or any other h person to interfere with, restrain or deny the exercise of, or g o t hr the attempt to exercise, any right protected under the Paid g e i k Family and Medical Leave Act.

h r i s B.

An employer shall timely provide to the employee h , t, documents required to apply for leave.

e u g e b l e e h C.

An employer, employee organization or other n d d i = = o h person shall not take retaliatory personnel action or otherwise l ] b ,d i a º e discriminate against a person because the person exercised r i = r t e w d m a n o rights protected under the Paid Family and Medical Leave Act.

Suchd rightsm include::

(1)b requesting,e filingd for,s applyingº foro ort exercisingn any= right.218534.3AIC toFebruary take24, leave2021 as(1:46pm) provideds fork underm thee - 20 - e ta 17n Paide Familyd andr Medicale Leavel Act;u [ A d Such rights include:

w(1) lrequesting, nfiling dfor, 18applying (2)for communicating to the employer or exercising any otherright = = 19 a l person or entity an intent to filetake aleave claim,as aprovided complaintfor withunder i a e r 20 the departmentPaid orFamily courtsand orMedical anLeave appeal;Act;

a(2) tcommunicating m m 21 (3) testifying, planning to testifythe employer or d r e 22 assisting at any timeother inperson anyor investigation,entity hearingan orintent cto efile sa kclaim, 23a proceedingcomplaint underwith the Paiddepartment Familyor andcourts Medicalor Leavean Act;appeal;

e(3) atestifying, nplanning bto 24testify (4)or informingassisting at any persontime aboutin anany employer'sinvestigation, uhearing [or allegedproceeding violationunder of the Paid Family and Medical Leave Act;

and(4) .218534.3 - 19 - (5) informing any person ofabout thean person'semployer's rightsalleged underviolation of the Paid Family and Medical Leave Act.Act;

and (5) informing any person of the person's rights under the Paid Family and Medical Leave Act.

It is unlawful for an employer's absence policy to count paid family and medical leave taken under the Paid h Family and Medical Leave Act as an absence that may lead to or g o t hr result in discipline, discharge, demotion, suspension or any g e i k other adverse action.

h r i s E.

The protections provided in this section shall h , t, apply to any person who HJCº , reasonably but»HJC mistakenly, bute u g e b l e e h HJCºbut in good faith,faith»HJC , alleges violations of the Paid n d d i = = o h Family and Medical Leave Act.

l ] b ,d i a º e F.

A person that is found by a hearing officer or r i = r t e w d m a n o court of competent jurisdiction to have discharged a worker in violationd ofm this: section shall rehire that employee;

b e d s º o t n = .218534.3AIC February 24, 2021 (1:46pm) s k m e - 21 - e a n e d r e l u [ A d violation of this section shall rehire that employee;

[NEW MATERIAL]MATERIAL ] ADVERSE DETERMINATIONS--APPEAL PROCEDURES--ADMINISTRATIVE ACTIONS--DEPARTMENTAL DISCIPLINARY e t 17 POWERS.-- w l n d 18 A.

An employee or a self-employed individual named = = 19 a l in an application for leave may appeal an adverse determination i a e r 20 of that application to the department as follows:

a t m m 21 (1) the aggrieved party shall:

d r e 22 (a) file an appeal in writing with the c e s k 23 department within fifteen business days of receiving notice of e a n b 24 the adverse decision;

u [ (b) set forth the reasons for appeal;

.218534.3 - 20 - and (c) provide notice to all parties that an appeal has been filed;

and h (2) the secretary shall:

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

h , t, (b) develop a record of the proceedings;

e u g e b l e e h and n d d i = = o h (c) rule on the appeal within five l ] b ,d i a º e business days after the completion of the hearing and issue a r i = r t e w d m a n o final decision in accordance with Subsection B of Section 39-3-1.1d NMSAm 1978.:

b e d s º o t n = .218534.3AIC February 24, 2021 (1:46pm) s k m e - 22 - e a n e d r e l u [ A d 39-3-1.1 NMSA 1978.

An aggrieved party 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 e t 17 public or privately run leave program as follows:

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

i a e r 20 (a) file a complaint alleging a a t m m 21 violation of the Paid Family and Medical Leave Act in writing d r e 22 with the department within thirty business days of becoming c e s k 23 aware of the alleged violation;

e a n b 24 (b) set forth the grounds of the u [ complaint;

and .218534.3 - 21 - (c) provide notice to parties to the alleged violation that a complaint has been filed;

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

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

n d d i = = o h (c) develop a record of the proceedings;

l ] b ,d i a º e (d) have power to take disciplinary action,r includingi investigating,= fining,r censuringt ore reprimandingw ad partym or suspending or revoking a waivern issuedo pursuantaction, toincluding theinvestigating, Paidfining, Familycensuring andor Medicald Leavem Act;:

andb (e)e ruled ons theº appealo withint fiven business= days.218534.3AIC afterFebruary the24, completion2021 of(1:46pm) thes hearingk andm issuee - 23 - e a n e td 17r finale decisionl inu accordance[ withA Subsectiond Breprimanding ofa Sectionparty wor lsuspending nor drevoking 18a 39-3-1.1waiver NMSAissued 1978.pursuant to the Paid Family and Medical Leave Act;

=and =(e) 19rule on the appeal within five business days after the completion of the hearing and issue a lfinal C.decision in accordance with Subsection B of Section 39-3-1.1 NMSA 1978.

AC. party may appeal a final decision made by the i a e r 20 department pursuant to the provisions of this section to the a t m m 21 district court pursuant to Section 39-3-1.1 NMSA 1978.

dA rparty emay 22appeal D.a 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 c e s k 23 district court in actions for injunctive relief to prevent any e a n b 24 person or entity from violating the provisions of the Paid u [ Family and Medical Leave Act or rules promulgated by the .218534.3 - 22 - department.

The 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 Paid Family and Medical Leave Act or rules promulgated by the department.

[NEW MATERIAL]MATERIAL ] ADMINISTRATIVE PENALTIES.-- A.

The department may assess an administrative h penalty not to exceed ten thousand dollars ($10,000) upon any g o t hr employee or self-employed individual who files a fraudulent g e i k claim for leave or otherwise willfully violates a provision of h r i s the Paid Family and Medical Leave Act.

An employee who files a h , t, fraudulent claim for leave may be subject to termination of e u g e b l e e h employment.

n d d i = = o h B.

The department may assess an employer who l ] b ,d i a º e wrongfully denies an employee the employee's right to leave or r i = r t e w d m a n o otherwise violates a provision of the Paid Family and Medical d m :

b e d s º o t n = .218534.3AIC February 24, 2021 (1:46pm) s k m e - 24 - e a n e d r e l u [ A d Leave Act an administrative penalty not to exceed ten thousand dollars ($10,000) for each violation of that act.

HCEDCº C.

The administrative penalties collected by the department pursuant to Subsections A and B of this section shall be deposited into the fund.»HCEDC HJCºHCEDCºSECTION 12.

[NEW MATERIAL] PRIVATE RIGHT OF ACTION BY EMPLOYEES.-- A.

An employee covered by a privately run or state- run leave program or that employee's successor in interest who has suffered damages as a result of a violation of the Paid Family and Medical Leave Act is granted a right to bring an action in district court for:

(1) any wages, salary, employment benefits or other compensation denied or lost to the employee by reason of the violation;

(2) in a case in which wages, salary, h employment benefits or other compensation has not been denied u » r t h or lost to the employee, any actual monetary losses sustained g e l i by the employee as a direct result of the violation, including h r i s the cost of providing care, up to a sum equal to twelve weeks h , e h t u g of wages or salary for the employee;

e b l e e , gh (3) the interest on amounts described in this n d d i = = o h subsection calculated at the prevailing rate;

and l ] b ,d i a º r e r = (4) such equitable relief as may be t e w d m a n o d m :

b r e t º o t n = .218534.3AIC February 24, 2021 (1:46pm) s k m e - 25 - e a n e d r e l u [ A d appropriate, including employment, reinstatement and promotion.

TheCosts departmentshall maybe assessallowed anto employerthe whoprevailing wrongfullyparty deniesunless an employee the employee'scourt right to leave or otherwise violatesdirects. a provision of the Paid Family and Medical Leave Act an administrative penalty not to exceed ten thousand dollars ($10,000) for each violation of that act.

SECTIONThe 12.court may award attorney fees to the prevailing party if the party:

[NEW(1) MATERIAL]complaining PRIVATEof RIGHTthe OFviolation ACTIONof BYthe EMPLOYEES.--Paid eFamily tand 17Medical A.Leave Act has brought an action that the party knew to be groundless;

An employee covered by a privately run or state-(2) wcharged lwith nthe d 18 run leave program or that employee's successor in interest who = = 19 a l has suffered damages as a result of a violation of the Paid i a e r 20 Family and Medical Leave Act ishas grantedwillfully aengaged right to bring an a t m m 21 action in districtthe courtviolation. for:

dC. r e 22 (1) any wages, salary, employment benefits or c e s k 23 other compensation denied or lost to the employee by reason of e a n b 24 the violation;

uThe [relief (2)provided in athis casesection is in whichaddition wages, salary, .218534.3 - 23 - employment benefits or other compensation has not been denied or lost to theremedies employee,otherwise anyavailable actualagainst monetary losses sustained by the employeesame asconduct aunder direct result of the violation,common includinglaw theor costother ofstatutes providing care, up to a sum equal to twelve weeks of wagesthis orstate.»HCEDC»HJC salaryHJCºHJCºSECTION for12. the employee;

[NEW MATERIAL] PRIVATE RIGHT OF ACTION BY EMPLOYEES.-- h A.

An employee covered by a privately run or u » r t h state-run leave program or that employee's successor in g e l i interest who has suffered damages as a result of a violation of h r i s the Paid Family and Medical Leave Act is granted a right to h , e h t u g bring an action in district court for:

e b l e e , gh (1) any wages, salary, employment benefits or n d d i = = o h l ] b ,d other compensation denied or lost to the employee by reason of i a º r e r = the violation;

t e w d m a n o d m :

b r e t º o t n = .218534.3AIC February 24, 2021 (1:46pm) s k m e - 26 - e a n e d r e l u [ A d (2) in a case in which wages, salary, employment benefits or other compensation has not been denied or lost to the employee, any actual monetary losses sustained by the employee as a direct result of the violation, including the cost of providing care, up to a sum equal to twelve weeks of wages or salary for the employee;

or h g (2) charged with the violation of the Paid eo t 17hr Family and Medical Leave Act has willfully engaged in the wg le ni dk 18 violation.

=h =r 19i as lh C.

The relief provided in this section is in i, at, e ru 20g addition to remedies otherwise available against the same ae tb ml me 21e h conduct under the common law or other statutes of this state.n d d i = = o h l ] b ,d state.»HJC»HJC i a º e r i = r HJCºSECTION 12.

d[NEW rMATERIAL] PREEMPTION.-- t e 22w SECTIONd 13.m a n o d m :

[NEWb MATERIAL]e COLLECTIVEd BARGAININGs cº eo st kn 23= AGREEMENTS.218534.3AIC UNAFFECTED.--NothingFebruary in24, the2021 Paid(1:46pm) Familys andk Medicalm e a- n27 b- 24e Leavea Actn shalle bed construedr toe diminishl the rights, privileges u [ orA remediesd ofA. any employee under any collective bargaining .218534.3 - 24 - agreement.

SECTIONA 14.city, county, home rule municipality or other political subdivision of the state shall not adopt nor continue in effect any ordinance, rule, regulation, resolution or statute that establishes a program of rights and benefits as set out in the Paid Family and Medical Leave Act, excluding a paid sick leave or paid time off ordinance, policy or resolution.

[NEW MATERIAL] DEPARTMENT TO PROMULGATE RULES--AGENCIES AND DEPARTMENTS TO COOPERATE.-- A.

By July 1, 2023, the department shall adopt and promulgate rules to implement the provisions of the Paid Family and Medical Leave Act.

StateSubject agenciesto the requirements of the Paid Family and departmentsMedical Leave Act, the provision of Subsection A of this section shall cooperatenot withprevent thea secretarycity, tocounty, timelyhome andrule efficientlymunicipality provideor other political subdivision of the informationstate andfrom servicesestablishing necessaryany toleave carrypolicies outfor theits provisionsemployees.»HJC ofSECTION HJCºHCEDCº13.»HCEDC HCEDCº12.»HCEDC»HJC HJCº13.»HJC [NEW MATERIAL] COLLECTIVE BARGAINING AGREEMENTS UNAFFECTED.--Nothing in the Paid Family and Medical Leave Act.Act shall be construed to diminish the rights, privileges or h remedies of any employee under any collective bargaining u » r t h agreement.

g e l i SECTION 15.HJCº HCEDCº14.»HCEDC HCEDCº13.»HCEDC»HJC h r i s HJCº14.»HJC [NEW MATERIAL] DEPARTMENT TO PROMULGATE RULES-- h , e h t u g AGENCIES AND DEPARTMENTS TO COOPERATE.-- e b l e e , gh A.

TEMPORARYBy PROVISION--PAIDJuly FAMILY1, AND2023, MEDICALthe LEAVEdepartment IMPLEMENTATIONshall ADVISORYadopt COMMITTEE--CREATED--PURPOSE--and MEMBERS.--n A.d d i = = o h promulgate rules to implement the provisions of the Paid Family l ] b ,d i a º r e r = and Medical Leave Act.

t e w d m a n o B.

State agencies and departments shall cooperate d m :

b r e t º o t n = .218534.3AIC February 24, 2021 (1:46pm) s k m e - 28 - e a n e d r e l u [ A d with the secretary to timely and efficiently provide the information and services necessary to carry out the provisions of the Paid Family and Medical Leave Act.

SECTION HJCº HCEDCº15.»HCEDC HCEDCº14.»HCEDC»HJC HJCº15.»HJC TEMPORARY PROVISION--PAID FAMILY AND MEDICAL LEAVE IMPLEMENTATION ADVISORY COMMITTEE--CREATED--PURPOSE-- MEMBERS.-- A.

The advisory committee shall consist of e t 17 thirteen members appointed by the secretary of workforce w l n d 18 solutions.

= = 19 a l (1) a representative of a nonprofit i a e r 20 organization that advocates for women and girls;

a t m m 21 (2) a representative of an organization that d r e 22 advocates for individuals fifty years of age or older;

ch e s k 23 (3) a representative of a statewide chamber of eg ao nt bhr 24 commerce;

ug [e i k (4) two representatives of a small business .218534.3h -r 25i -s development center advisory council;

h , t, (5) a representative of a medical society with e u g e b l e e h expertise in the care of children;

n d d i = = o h (6) a member representing the parents of l ] b ,d i a º e newborn children;

r i = r t e w d m a n o (7) a member representing adoptive and foster parents;d m :

b e d s º o t n = .218534.3AIC February 24, 2021 (1:46pm) s k m e - 29 - e a n e d r e l u [ A d parents;

and (12) a representative of an organization with e t 17 expertise in disabilities.

w l n d 18 B.

The paid family and medical leave implementation = = 19 a l advisory committee shall provide input regarding best practices i a e r 20 for the efficient and timely development, implementation and a t m m 21 promulgation of rules and educational materials to carry out d r e 22 the provisions of the Paid Family and Medical Leave Act.

ch e s k 23 C.

The secretary of workforce solutions shall eg ao nt bhr 24 consult with the paid family and medical leave implementation ug [e i k advisory committee at least quarterly as rules are developed to .218534.3h -r 26i -s implement a program pursuant to the Paid Family and Medical h , t, Leave Act.

e u g e b l e e h D.

Members of the paid family and medical leave n d d i = = o h implementation advisory committee shall not be entitled to per l ] b ,d i a º e diem and mileage expenses.

The workforce solutions department r i = r t e w d m a n o shall provide staff for the committee.

E.d m :

b e d s º o t n = .218534.3AIC February 24, 2021 (1:46pm) s k m e - 30 - e a n e d r e l u [ A d E.

- 2731 - 13» 15g eo » r h t 17i wk l ni dg 18t =h =s 19, ae h t l i aw l b l e re 20, ag tn md ml 21h = = b , a l º d i a r e 22r c= e, sa kt 23 e d m a n bo 24d um [: .218534.3

b r e t º o t n = .218534.3AIC February 24, 2021 (1:46pm) s k em e e a n e d r e l u [ A d