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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 and pregnant employees may be entitled to leave as an accommodation. See Pregnancy Leave and Accommodation.
  • 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.