New Mexico Leave of Absence Salary Clarification

State:
Multi-State
Control #:
US-AHI-045
Format:
Word
Instant download

Description

This AHI form is to be used when the reviewing of company policy regarding salary increases is effective while a leave of absence is occurring.

How to fill out Leave Of Absence Salary Clarification?

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FAQ

How does personal leave accrue? Personal leave accrues every hour as you work. You can take it at any time provided you have enough accrued leave hours and there is a satisfactory reason. Personal leave also carries over from year to year, but does not get paid out when the employment relationship ends.

Sick leave is paid at 60% of an employee's regular wage from the fourth day of the illness, up to 52 weeks (and may be extended for another 52 weeks). Healthcare coverage for employees in Mexico is managed by the Instituto Mexicano del Seguro Social (IMSS), or the Mexican Social Security Institute.

Leave and Reinstatement RightsAlthough FMLA leave is unpaid, employees may be allowed (or required) to use their accrued paid leave during FMLA leave. When an employee's FMLA leave ends, the employee is entitled to be reinstated to the same or an equivalent position, with a few exceptions.

The Healthy Workplaces Act, or paid sick leave, provides all private sector employees up to 64 hours of paid time off each year, regardless of the size of the business where the employee works. Employees will accrue one hour off for every 30 hours worked. But, the law doesn't go into effect until July 1, 2022.

FMLA leave is unpaid leave. However, workers may choose to, or employers may require them to, substitute accrued paid sick, vacation, or personal time for FMLA leave. Substitute means that the paid leave provided by the employer will run concurrently with the unpaid FMLA leave.

Which states have mandatory paid sick leave? Arizona, California, Colorado, Connecticut, Maryland, Massachusetts, Michigan, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, Washington, D.C. have mandatory paid sick leave laws.

New Mexico requires employers provide paid leave effective July 1, 2022. On April 8, 2021, New Mexico Governor Lujan Grisham signed into law the Healthy Workplaces Act (HB 20) which effective July 1, 2022, requires that most employers provide up to 64 hours of paid sick leave per year to their New Mexico employees.

Not required by state law; depends on employer policy. No federal or state law in New Mexico requires employers to pay out an employee's accrued vacation, sick leave, or other paid time off (PTO) at the termination of employment.

Although FMLA leave is unpaid, employees may be allowed (or required) to use their accrued paid leave during FMLA leave. When an employee's FMLA leave ends, the employee is entitled to be reinstated to the same or an equivalent position, with a few exceptions.

Employees must have worked at least 1,250 hours in the 12-months preceding the leave. FMLA provides 12 weeks, or 480 hours of protected leave. FMLA is unpaid but can be used concurrently with an employee's leave time. If both partners are State employees, they qualify for 12 weeks of combined leave.

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New Mexico Leave of Absence Salary Clarification