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Senate Passes Paid Family and Medical Leave Act

February 9, 2024

For Immediate Release

Contact:
Chris Nordstrum
(415) 601-1992
Chris.Nordstrum@nmlegis.gov

(SANTA FE) – Today, Senate Bill 3: the Paid Family and Medical Leave Act, passed the New Mexico Senate (25-15). Sponsored in the Senate by Senate President Pro Tem Mimi Stewart (D – Albuquerque), the act will set up a new program through the Department of Workforce Solutions to provide paid leave for employees to care for a new child, a family member with a serious health condition, or to recover from a serious health condition themselves. The bill is co-sponsored by Representatives Christine Chandler (D – Los Alamos), Linda Serrato (D – Santa Fe), and Patricia Roybal Caballero (D – Albuquerque).

Paid family leave programs are in place in fourteen states, and have been shown to be effective in increasing workforce participation, particularly among mothers, unpaid family caregivers, and people with chronic health conditions. Employees who take leave are less likely to take sick leave when they return, are more likely to be employed by the same business two years later, and more likely to report high morale and workplace satisfaction.

“This policy will not only provide much-needed support to working families, it will also bring significant benefits to our state’s economy,” said Senator Stewart. “We have collaborated for years with the business community and multiple stakeholders to create a measured, compassionate solution for every New Mexican who needs care. With paid family and medical leave in place, more people will enter our workforce, more will stay employed, productivity and employee safety will improve, and our small businesses will gain an important recruitment and retention tool.”


Bill highlights include:

• Up to 12 weeks for parental leave to welcome and bond with a child;
• Up to 9 weeks for medical leave or leave for victims of domestic or sexual violence;
• Job protection for employees who have been with their employer for at least 180 days;
• PFML is funded through employer and employee contributions (employee pays $5 for every $1000 of wages per year, employers pay $4/$1000);
• Employers with fewer than 5 employees do not pay into the fund – this represents 66% of New Mexico businesses;
• PFML requires an application, verification of time needed, and a rigorous process involving a healthcare provider and approval from the Department of Workforce Solutions.

If passed into law, the Paid Family & Medical Leave Act will be phased in over a period of several years. The Department of Workforce Solutions will, together with an advisory committee, have two years to create the necessary rules and build the infrastructure for the program; employer and employee contributions would begin in January 2026, and employees would first be eligible to apply for leave in January of 2027.


Senate Bill 3 now goes to the House of Representatives for consideration.

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