Legislation in New Mexico
New Mexico workers need public policies that allow them to better manage the dual demands of work and family. Family friendly workplace laws help workers maintain their economic security when they give birth, adopt, raise children or grandchildren, deal with illness, and care for parents, grandparents, spouses or partners.
For a more detailed analysis on family friendly workplace policies in New Mexico and how the state compares to other states, see the National Partnership’s Expecting Better report.
Working Families by the Numbers
- 456,786 New Mexico women are in the labor force, making up 48 percent of the state workforce.1
- 23,853 New Mexicans gave birth between 2015 and 2016.2
- In 66 percent of New Mexico households with children, all parents work (302,766 households).3
- 55,849 New Mexico grandparents live with grandchildren who are under 18.4
- 277,000 New Mexicans serve as family caregivers.5
- 286,309 New Mexico workers (49.7 percent of the private sector workforce) cannot earn a single paid sick day.6
- Just 33.8 percent of working adults in New Mexico are estimated to be eligible for and able to afford to take unpaid leave under the federal Family and Medical Leave Act (FMLA).7
Employers with four or more employees must provide all female workers with "flexible" break time and a place other than a bathroom to express breast milk at work.
Requests that University of New Mexico's Bureau of Business and Economic Research convene a parental paid leave working group to develop recommendations for the establishment of a parental paid leave program and a publicly managed parenting workers' leave fund. The working group's report would be due on October 1, 2016.
Resolution to request that the University of New Mexico convene a task force to assess and recommend policy options that promote family friendly workplaces in the state.
New Mexico’s equal pay law prohibits employers from paying employees at a rate less than the rate paid to employees of the opposite sex in the establishment for equal work on jobs the performance of which requires equal skill, effort and responsibility and that are performed under similar working conditions. A difference in wages is not discrimination if it is based on a seniority system, a merit system, or a system that measures earnings by quantity or quality of production.
Workers are entitled to domestic abuse leave, which is intermittent paid or unpaid leave time for up to 14 days in any calendar year, taken by a worker for up to eight hours in one day. Workers may also use accrued sick leave or other available paid time off, compensatory time or unpaid leave time consistent with their employer's policies.
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- 1 U.S. Census Bureau. (2017). American Community Survey 1-Year Estimates 2015, Geographies: All States within United States and Puerto Rico, Table DP03: Selected Economic Characteristics. Retrieved 6 October 2017, from https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ACS_16_1YR_DP03&prodType=table
- 2 U.S. Census Bureau. (2017). American Community Survey 1-Year Estimates 2015, Geographies: All States within United States and Puerto Rico, Table DP02: Selected Economic Characteristics. Retrieved 6 October 2017, from https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ACS_16_1YR_DP02&prodType=table
- 3 See note 1.
- 4 See note 2.
- 5 Reinhard, S.C., Feinberg, L.F., Choula, R. & Houser, A. (2015, July). Valuing the Invaluable: 2015 Update. AARP Public Policy Institute Publication. Retrieved 6 October 2017, from http://www.aarp.org/content/dam/aarp/ppi/2015/valuing-the-invaluable-2015-update-new.pdf
- 6 Institute for Women’s Policy Research & National Partnership for Women & Families. (2015, May). Workers’ Access to Paid Sick Days in the States. Table 2. Retrieved 6 October 2017, from http://www.nationalpartnership.org/research-library/work-family/psd/workers-access-to-paid-sick-days-in-the-states.pdf
- 7 diversitydatakids.org. (2015). Working Adults Who Are Eligible For and Can Afford FMLA Unpaid Leave (Share). Brandeis University, The Heller School, Institute for Child, Youth and Family Policy Publication. Retrieved 6 October 2017, from http://www.diversitydatakids.org/data/ranking/529/working-adults-who-are-eligible-for-and-can-afford-fmla-unpaid-leave-share/#loct=2&cat=44,25&tf=17
For a comprehensive collection of federal and state work-family laws and proposals, including legislation introduced in previous years, visit the National Partnership's Work & Family Policy Database