New Mexico Personnel Policy
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How to fill out Personnel Policy?
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FAQ
Under New Mexico law, employees are entitled to certain leaves or time off, including military leave, voting leave, domestic violence leave, emergency responder leave and paid sick leave. See Time Off and Leaves of Absence. New Mexico prohibits smoking in the workplace and texting while driving. See Health and Safety.
The purpose of the Personnel Act [10-9-1 NMSA 1978] is to establish for New Mexico a system of personnel administration based solely on qualification and ability, which will provide greater economy 83 Page 3 10-9-3 PUBLIC OFFICERS AND EMPLOYEES 10-9-4 and efficiency in the management of state affairs.
Not required by state law. Employers are not required by law to pay unused employee benefits. Nevertheless, if an employer has a PTO policy that allows for accruing vacation or other PTO, any unused amount is considered earned wages and must be paid in the final paycheck.
How Much Leave is Required? The highly employee-favorable Act requires that New Mexico employers provide all employees with paid sick leave, either as an annual lump sum of at least 64 hours or via accrual at a rate of at least one hour of paid sick leave for every 30 hours worked.
New Mexico is an at-will state, meaning that, in the absence of an express contract, an implied contract, or a public policy exception, the employer or employee can terminate the employment relationship at any time with or without notice or cause.
While Mexico's federal labor law generally favors employees, employers aren't required to give any advance notice of termination. They are, however, required to pay severance, regardless of the reason or cause of termination.
Final Payments When an employee is discharged, unpaid wages become due immediately if demanded and must be paid no later than five days after discharge, for fixed or definite amounts. N.M. Stat. § 50-4-4. All other wages of discharged employees shall be made within ten days of discharge.
A type of workplace discrimination, wrongful termination is against the law, and employees who believe their discharge from employment was based on discrimination or retaliation may have a claim for wrongful termination against their employer.
