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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.
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.
Final Payments If an employee quits or resigns, the State of New Mexico requires the employer to issue a final paycheck on the succeeding payday, if the employee does not have a written employment contract for a definite period. N.M. Stat. § 50-4-5.
An employee who is regularly scheduled to work less than 30 hours per week is considered a regular part-time employee.
The Healthy Workplaces Act of 2021 is a law requiring all private employers in New Mexico to allow employees to accrue and use a benefit called earned sick leave. The law took effect on July 1, 2022. The Act lets employees earn and use paid sick leave.
The bottom line: Studies show that employees who are taking vacation days, even if they don't go on vacation, are more productive in the office. However, there are situations where cashing out PTO can be beneficial and stress-reducing, like paying debts or covering needed repairs.
All employees who are authorized to telework are required to complete a DD Form 2946, DoD Telework Agreement.
The so-called destination sourcing method was mandated by legislation adopted in 2019 and 2020. The 2019 legislation also allowed the state to begin taxing internet-based sales by out-of-state businesses. Since 2019, internet sales have been taxed using the statewide 5.125% rate.