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New Mexico Leave Law


In addition to rights under the Federal Family and Medical Leave Act (FMLA) employees of the New Mexico classified service (most positions in the executive branch of the State government) may receive donated sick leave in addition to their own accrued sick leave. Below is a brief summary of this state regulation.

If you are considering taking leave, it is advisable to consult with your Human Resource Office for additional details.


Who Is Eligible?

Employees of the classified service - that is, most positions in the executive branch of the State government. In addition, to receive donated leave, you must have exhausted all of your accrued annual, sick, compensatory and personal leave.

How Much Leave Will I Get?

As an employee of the classified service (with some exceptions) you will accrue sick leave at the rate of 3.69 hours per pay period. There is no limit to the amount of sick leave you can accrue. However, if you need more time off than you have accrued, you may be able to receive donated sick leave from a co-worker.

Who Can Donate Leave?

Another employee working in your agency can donate leave. They may do so with the approval of the head of the agency and in the case of a medical emergency. An employee may only donate hours of sick leave if the employee has accumulated more than 600 hours. An employee may donate the excess over 600 hours, but no more than 120 hours each fiscal year.

What Are Legitimate Reasons To Use Leave?

You may use you own sick leave for personal medical treatment or illness OR for medical treatment or illness of a relative (by blood or marriage within the 3rd degree) or someone who resides in your household. You may receive donated sick leave in the case of a medical emergency.

To Learn More See: offsite link.

Researched and written by:

Lisa Gerson, Esq. McDermott Will & Emery LLP New York, NY 

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