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FMLA: New Mexico

FMLA requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Susan A. P. Woodhouse, Littler


  • New Mexico does not have a state family and medical leave law applicable to private employers. See Family and Medical Leave.
  • Certain New Mexico employers must treat pregnant employees the same as other temporarily disabled employees. See Pregnancy Leave.
  • An employer that chooses to provide personal sick leave benefits must allow accrued sick leave to be used by an employee to care for a covered family member under the same terms and procedures that employees may use sick leave for themselves. See Kin Care Leave.
  • Other types of leave may be available to New Mexico employees - some required by federal, state or local law, and some provided by company policy, as well as several sources of income replacement. See Interaction of Leave Laws.