New Mexico
Verified February 2026New Mexico Human Rights Act
N.M. Stat. Ann. §§ 28-1-1 to 28-1-15
New Mexico does not have a state-level family or medical leave law that supplements the federal FMLA. For most employees in New Mexico, the right to unpaid, job-protected leave for serious health conditions or caregiving relies entirely on the federal Family and Medical Leave Act (FMLA). To qualify, you generally must work for an employer with 50+ employees and have worked there for at least 12 months.
New Mexico workers benefit from strong anti-discrimination protections under the New Mexico Human Rights Act, codified in Chapter 28, Article 1 of the New Mexico Statutes Annotated. A key advantage is that this law covers employers with 4 or more employees, which is significantly lower than the federal ADA threshold of 15 employees. The New Mexico Human Rights Bureau, part of the Workforce Solutions Department, enforces these protections and investigates complaints of workplace discrimination, including disability-based claims related to mental health conditions.
A major development for New Mexico workers is the Healthy Workplaces Act (2022), which mandates paid sick leave for all employers regardless of size. Employees earn 1 hour of paid sick leave for every 30 hours worked, up to a maximum of 64 hours per year. This leave can be used for the employee’s own health needs, to care for a family member, for medical appointments, or for reasons related to domestic abuse, sexual assault, or stalking. This is one of the most generous paid sick leave laws in the country.
Even without a comprehensive state family leave law, New Mexico workers have meaningful protections through the combination of federal FMLA, the ADA, the New Mexico Human Rights Act with its low employer-size threshold, and the generous Healthy Workplaces Act paid sick leave mandate. Understanding which protections apply depends on your employer’s size, your length of employment, and the nature of your condition.
Employer Size
4+ employees
Leave Duration
N/A (no state leave law)
Paid Leave
Unpaid (job-protected)
Leave: New Mexico does not have a state family or medical leave law. Federal FMLA is the primary source of job-protected leave. The Healthy Workplaces Act (2022) mandates paid sick leave for all employers (up to 64 hours per year).
Anti-Discrimination: The New Mexico Human Rights Act covers employers with just 4 or more employees, significantly lower than the federal ADA threshold of 15.
Additional Protections
Healthy Workplaces Act (2022)
Mandates paid sick leave for all employers regardless of size. Employees earn 1 hour of paid sick leave for every 30 hours worked, up to 64 hours per year. Leave can be used for personal illness, family care, medical appointments, or domestic violence-related reasons. One of the most generous paid sick leave laws in the country.
N.M. Stat. Ann. §§ 50-17-1 to 50-17-12
New Mexico Workers’ Compensation
Covers workplace injuries for most employees. Employers with three or more employees must carry workers’ compensation insurance. Mental health claims may be compensable when arising from extraordinary workplace conditions or in connection with a physical injury.
N.M. Stat. Ann. §§ 52-1-1 to 52-1-70
1. Request FMLA Leave (Federal)
Since New Mexico has no state family leave law, eligible employees follow federal FMLA procedures:
- Notify your employer at least 30 days in advance for foreseeable leave.
- If leave is unforeseeable, notify as soon as possible (usually same or next business day).
- Follow your employer’s usual notice procedures for requesting leave.
- Provide medical certification if requested (usually within 15 days).
2. File a Disability Discrimination Complaint
- Verify your employer has 4+ employees and the incident is within 300 days.
- File a complaint with the New Mexico Human Rights Bureau online, by mail, or in person.
- The Bureau will investigate and attempt to resolve the complaint through mediation or conciliation.
- If no resolution is reached, you may request a hearing or obtain a right-to-sue order to file in state court.
Note: Filing with the New Mexico Human Rights Bureau can also cross-file with the federal EEOC through a work-sharing agreement.
Important Deadlines
- 30 days - FMLA advance notice for foreseeable leave
- 300 days - Deadline to file a discrimination complaint with the New Mexico Human Rights Bureau
- 300 days - Deadline to file with the federal EEOC (extended because the NM Human Rights Bureau exists as a local agency)
- 15 days - Workers’ comp injury must be reported to employer in New Mexico
- 2 years - Statute of limitations for workers’ compensation claims in New Mexico
Official Resources
Frequently Asked Questions
Check Your Eligibility
Get a free rights assessment based on your specific situation in New Mexico.
Free Rights Check