How New Mexico’s paid sick leave accrual works
Under New Mexico’s paid sick leave law, earn 1 hour of paid sick leave for every 30 hours you work.
Under New Mexico’s paid sick leave law, earn 1 hour of paid sick leave for every 30 hours you work. That works out to about 1.3 hours a week for a full-time, 40-hour-a-week employee, or about 69.3 hours over a full 2,080-hour work year, before any cap in the law is applied.
New Mexico caps how much you can accrue in a single year at 64.0 hours (8.0 days at 8 hours a day). At 40 hours a week, it takes about 48 weeks of work to reach that ceiling; after that, you stop accruing new hours until you use some.
Sick leave you do not use is generally not paid out when you leave your job unless your employer’s own policy says otherwise; that is a separate question from New Mexico’s rules about ordinary vacation pay at termination, which this page does not cover. On carryover: No state cap on vacation; the Healthy Workplaces Act (2022) is the sick-specific mandate below.
Part-time employees accrue the same way, just on fewer hours: someone working 25 hours a week under this law would earn about 0.8 hours of paid sick leave every week, or roughly 43.3 hours over a full year, subject to the same cap rules described above.
FAQ
How fast does paid sick leave accrue in New Mexico?
You earn 1 hour of paid sick leave for every 30 hours you work.
Is there a cap on how much I can earn?
Yes, you stop earning new hours once you reach 64.0 hours in a year.
Can I carry unused sick leave into the next year?
The law sets a 64.0-hour annual accrual cap rather than a separate carryover limit, so unused hours can carry into the next year subject to that same ceiling. For context, New Mexico’s general note on ordinary vacation carryover says: No state cap on vacation; the Healthy Workplaces Act (2022) is the sick-specific mandate below.
Does my employer’s size change my sick leave rules in New Mexico?
No, New Mexico’s law does not vary the accrual rate or cap by employer size in the data on file.
Is unused sick time paid out when I leave my job?
Generally, no. Paid sick leave you have not used is typically not required to be paid out when you leave a job, unless your employer’s own written policy specifically promises it. That is a separate question from any rules your state may have about ordinary vacation pay at termination, which this page does not cover.
Where is New Mexico’s paid sick leave law?
See the official source: https://www.dws.state.nm.us/Businesses/Healthy-Workplaces-Act. LeaveCalc’s confidence rating for this page is Medium, so double-check the current rule before relying on it.