New Mexico 2025 2025 Regular Session

New Mexico House Bill HB446 Introduced / Bill

Filed 02/17/2025

                    underscored material = new
[bracketed material] = delete
1  
2  
3  
4  
5  
6  
7  
8  
9  
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
HOUSE BILL 446
57
TH LEGISLATURE 
-
 
STATE
 
OF
 
NEW
 
MEXICO
 
-
 FIRST SESSION
,
 
2025
INTRODUCED BY
Rebecca Dow and Gail Armstrong and Luis M. Terrazas 
and Angelita Mejia and Jenifer Jones
AN ACT
RELATING TO EMPLOYMENT; AMENDING THE EARLY CHILDHOOD EDUCATION
AND CARE FUND TO ALLOW APPROPRIATIONS FOR PARENTAL LEAVE
COMPENSATION; ENACTING THE PAID PARENTAL LEAVE ACT; CREATING
THE SUPPLEMENTAL PAID PARENTAL LEAVE FUND; PROVIDING FOR THE
PAID PARENTAL LEAVE PROGRAM AND THE SUPPLEMENTAL PAID PARENTAL
LEAVE PROGRAM TO PAY AN ELIGIBLE APPLICANT A PERCENTAGE OF THE
EMPLOYEE'S WAGES TO ALLOW THE APPLICANT TO BOND WITH A NEW
CHILD; LIMITING THE TIME ALLOWED FOR PAID PARENTAL LEAVE;
EXCEPTING CERTAIN EMPLOYEES; PROVIDING FOR ADMINISTRATION OF
THE PROGRAM BY THE WORKFORCE SOLUTIONS DEPARTMENT; PREEMPTING
SIMILAR PROGRAMS; CREATING A TEMPORARY ADVISORY COMMITTEE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 9-29A-1 NMSA 1978 (being Laws 2020,
Chapter 3, Section 1, as amended) is amended to read:
.230725.1 underscored material = new
[bracketed material] = delete
1  
2  
3  
4  
5  
6  
7  
8  
9  
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
"9-29A-1.  EARLY CHILDHOOD EDUCATION AND CARE FUND.--
A.  The "early childhood education and care fund" is
created within the state treasury.  The fund shall consist of
distributions, appropriations, gifts, grants and donations. 
Income from investment of the fund shall be credited to the
fund.  Money in the fund shall be expended only as provided in
this section.
B.  The state investment officer, subject to the
approval of the state investment council, shall invest money in
the early childhood education and care fund:
(1)  in accordance with the prudent investor
rule set forth in the Uniform Prudent Investor Act; and
(2)  in consultation with the state treasurer.
C.  The state investment officer shall report
quarterly to the legislative finance committee and the state
investment council on the investments made pursuant to this
section.  Annually, a report shall be submitted no later than
October 1 each year to the legislative finance committee, the
revenue stabilization and tax policy committee and any other
appropriate interim committees.
D.  On July 1 of each year, a distribution shall be
made from the early childhood education and care fund to the
early childhood education and care program fund in an amount
equal to the greater of five percent of the average of the
year-end market values of the fund for the immediately
.230725.1
- 2 - underscored material = new
[bracketed material] = delete
1  
2  
3  
4  
5  
6  
7  
8  
9  
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
preceding three calendar years or two hundred fifty million
dollars ($250,000,000).
E.  In addition to the distribution pursuant to
Subsection D of this section and appropriations pursuant to
Subsection F of this section, money in the early childhood
education and care fund may be expended in the event that
general fund balances, including all authorized revenues and
transfers to the general fund and balances in the general fund
operating reserve, the appropriation contingency fund, the
tobacco settlement permanent fund, the state-support reserve
fund and the tax stabilization reserve, will not meet the level
of appropriations authorized from the general fund for a fiscal
year.  In that event, to avoid an unconstitutional deficit, the
legislature may appropriate from the early childhood education
and care fund to the general fund only in the amount necessary
to meet general fund appropriations for that fiscal year and
only if the legislature has authorized transfers from the
appropriation contingency fund, the general fund operating
reserve, the tax stabilization reserve and the tobacco
settlement permanent fund that exhaust those fund balances.
F.  In addition to the distribution pursuant to
Subsection D of this section and appropriations pursuant to
Subsection E of this section, the legislature may appropriate
money from the early childhood education and care fund to the
workforce solutions department for the purposes of paying leave
.230725.1
- 3 - underscored material = new
[bracketed material] = delete
1  
2  
3  
4  
5  
6  
7  
8  
9  
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
compensation to employees and self-employed individuals covered
by the Paid Parental Leave Act. "
SECTION 2.  [NEW MATERIAL] SHORT TITLE.--Sections 2
through 14 of this act may be cited as the "Paid Parental Leave
Act".
SECTION 3. [NEW MATERIAL] DEFINITIONS.--As used in the
Paid Parental Leave Act:
A.  "applicant" means an employee or self-employed
individual who is applying for leave compensation or
supplemental leave compensation pursuant to the Paid Parental
Leave Act;
B.  "application year" means the twelve-month period
beginning on the first day of the calendar week in which an
employee or self-employed individual files an application for
parental leave compensation;
C.  "claim for leave" means an application for leave
compensation or supplemental leave compensation that an
applicant makes to the department pursuant to the Paid Parental
Leave Act in accordance with department rules;
D.  "department" means the workforce solutions
department, the secretary or an employee of the department
exercising authority lawfully delegated to that employee by the
secretary;
E.  "employee" means a person working within the
state who performs a service for wages or other remuneration
.230725.1
- 4 - underscored material = new
[bracketed material] = delete
1  
2  
3  
4  
5  
6  
7  
8  
9  
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
under a contract of hire, written or oral, express or implied,
and includes a person employed by the state or a political
subdivision of the state.  "Employee" does not mean an employee
of an employer subject to the provisions of Title II of the
federal Railway Labor Act or an employee as defined in the
federal Railroad Unemployment Insurance Act;
F.  "employer" means a person that has one or more
employees within the state and includes an agent of an employer
and the state or a political subdivision of the state;
G.  "fund" means the supplemental paid parental
leave fund;
H.  "Indian tribe" means a federally recognized
Indian nation, tribe or pueblo, wholly or partially located in
New Mexico, a governmental unit, subdivision, agency,
department or instrumentality thereof or a business enterprise
wholly owned by such an Indian nation, tribe or pueblo;
I.  "leave compensation" means income that the
department pays an applicant who takes parental leave;
J.  "parental leave" means leave for which an
applicant can apply for leave compensation pursuant to the Paid
Parental Leave Act and that is granted to the applicant to
allow the applicant to bond with a child of the applicant
within twelve months of the birth or adoption of a child or
placement of a foster child with the applicant if the applicant
is a first time foster parent;
.230725.1
- 5 - underscored material = new
[bracketed material] = delete
1  
2  
3  
4  
5  
6  
7  
8  
9  
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
K.  "secretary" means the secretary of workforce
solutions;
L.  "supplemental leave compensation" means income
the department pays to an applicant who has opted into the
supplemental paid parental leave program;
M.  "supplemental parental leave" means parental
leave that an employee may receive after opting into the
supplemental paid parental leave program; and
N.  "wages" means all remuneration for services,
including commissions, bonuses or unpaid loans to employees and
the cash value of all remuneration in any medium other than
cash. 
SECTION 4. [NEW MATERIAL] SUPPLEMENTAL PAID PARENTAL
LEAVE FUND--CREATION.--
A.  The "supplemental paid parental leave fund" is
created in the state treasury and shall be administered by the
department.  The fund shall be held for the benefit of the
employees and self-employed individuals who opt in to paying
into the fund and shall consist of all revenue, including any
fees collected pursuant to the Paid Parental Leave Act in
accordance with department rules.  Money in the fund shall be
invested by the state investment officer.  Income from
investment of the fund shall be credited to the fund.
B.  Money in the fund is appropriated to the
department to distribute supplemental leave compensation
.230725.1
- 6 - underscored material = new
[bracketed material] = delete
1  
2  
3  
4  
5  
6  
7  
8  
9  
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
pursuant to the Paid Parental Leave Act and to cover the costs
of administration and outreach for the paid parental leave
program pursuant to that act.
C.  Money shall be disbursed from the fund only on
warrant issued by the department of finance and administration
pursuant to vouchers signed by the secretary or the secretary's
authorized representative.  Any unexpended or unencumbered
balance remaining at the end of a fiscal year shall not revert
or be transferred to any other fund.
SECTION 5. [NEW MATERIAL] APPLICABILITY--PAID PARENTAL
LEAVE PROGRAM--SUPPLEMENTAL PAID PARENTAL LEAVE PROGRAM--
EMPLOYEE CONTRIBUTIONS.--
A.  The Paid Parental Leave Act applies to:
(1)  all public and private employees who are
in the state of New Mexico, except those employees who are
employed by the United States;
(2)  the employers of employees as described in
Paragraph (1) of this subsection, whether or not the employer
is physically located in the state;
(3)  self-employed individuals in the state of
New Mexico; and
(4)  Indian tribes that elect to be covered, or
to terminate coverage, in the program for their employees.
B.  The department shall administer a paid parental
leave program and a supplemental paid parental leave program to
.230725.1
- 7 - underscored material = new
[bracketed material] = delete
1  
2  
3  
4  
5  
6  
7  
8  
9  
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
provide leave compensation and supplemental leave compensation
to employees and self employed individuals.  Beginning January
1, 2028, eligible employees and self-employed individuals shall
be annually entitled to up to:
(1)  six weeks of leave compensation; and
(2)  three weeks of supplemental leave
compensation paid from the supplemental paid parental leave
fund if the employee opts into the supplemental paid parental
leave program.
C.  An employee or self-employed individual shall
automatically be enrolled in the supplemental paid parental
leave program by contributing to the fund pursuant to
Subsections D and E of this section.
D.  Beginning January 1, 2027 and for each calendar
quarter thereafter until January 1, 2030, there is assessed
against each employee that wishes to opt in to the supplemental
paid parental leave program one-half percent of the employee's
wages up to the earnings cap established by the federal social
security administration program, pursuant to the Federal
Insurance Contributions Act.  An employee shall not be required
to make any contributions to the fund from leave compensation.
E.  Beginning January 1, 2027 and for each calendar
quarter thereafter until January 1, 2030, there is assessed
against each self-employed individual as described in Paragraph
(3) of Subsection A of this section that wishes to opt in to
.230725.1
- 8 - underscored material = new
[bracketed material] = delete
1  
2  
3  
4  
5  
6  
7  
8  
9  
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
the supplemental paid parental leave program one-half percent
of the individual's net income as designated by the self-
employed individual.
F.  The contributions of employees shall be remitted
by the employer following the end of each quarter for which the
contributions are deducted and on a date determined by the
secretary.
G.  The contributions of self-employed individuals
shall be remitted by the individual following each end of the
quarter for which the contributions are deducted and on a date
determined by the secretary.  A self-employed individual shall
not be required to make contributions to the fund from leave
compensation.
H.  Nothing in this section shall be construed to
prohibit an employer from providing additional leave
compensation or extended length of leave to employees receiving
compensation from the department.
SECTION 6. [NEW MATERIAL] ELIGIBILITY--LEAVE COMPENSATION
AND SUPPLEMENTAL LEAVE COMPENSATION CALCULATION--DOCUMENTATION
REQUIRED--NOTICE OF DETERMINATION.--
A.  Beginning January 1, 2028, the department shall
provide leave compensation to an eligible applicant who takes
leave after the applicant, in accordance with the provisions of
the Paid Parental Leave Act and department rule, has filed a
claim for leave approved by the department.
.230725.1
- 9 - underscored material = new
[bracketed material] = delete
1  
2  
3  
4  
5  
6  
7  
8  
9  
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
B.  Beginning January 1, 2028, the department shall
provide supplemental leave compensation to an eligible
applicant who takes leave after the applicant, in accordance
with the provisions of the Paid Parental Leave Act and
department rules, has:
(1)  filed a claim for leave approved by the
department;
(2)  received six weeks of leave compensation;
and
(3)  contributed to the fund for at least six
months during the twelve-month period prior to submitting an
application.
C.  An applicant shall be eligible for a maximum of
three weeks of supplemental parental leave.
D.  An applicant shall be ineligible to receive
leave compensation or supplemental leave compensation if:
(1)  the applicant willfully or knowingly files
a fraudulent claim for leave or has filed a fraudulent claim
for leave within the previous three years;
(2)  the applicant is receiving unemployment
insurance benefits during the period for which the claim for
leave is filed;
(3)  during leave, the applicant does not
provide the care or use leave as related to the need for leave
described in the applicant's application for leave;
.230725.1
- 10 - underscored material = new
[bracketed material] = delete
1  
2  
3  
4  
5  
6  
7  
8  
9  
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
(4)  the leave compensation would duplicate the
amount the applicant is receiving or has received in temporary
total disability benefits from a workers' compensation claim
for the same time period; or
(5)  the leave compensation duplicates what the
applicant is earning or has earned in wages for the same time
period.
E.  The department shall issue leave compensation
and supplemental leave compensation to an eligible applicant
whose claim has been approved as follows:
(1)  the calculation of weekly leave
compensation and supplemental leave compensation shall be based
on the employee's average weekly wages during the twelve months
immediately preceding the date of the claim for leave.  For the
purposes of this paragraph, the "employee's average weekly
wages" means an amount calculated by the department by dividing
the total wages earned by an eligible employee during the
previous twelve months by the number of weeks worked during the
previous twelve months.  If the employee worked fewer than
twelve months, then weekly leave compensation and supplemental
leave compensation shall be based on the employee's average
weekly wages during the weeks the employee worked;
(2)  an eligible employee's weekly leave
compensation or supplemental leave compensation shall equal one
hundred percent of the compensation that would be paid to a
.230725.1
- 11 - underscored material = new
[bracketed material] = delete
1  
2  
3  
4  
5  
6  
7  
8  
9  
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
non-tipped, state-minimum-wage-earning employee, pursuant to
Section 50-4-22 NMSA 1978, working the same number of hours per
week as the employee, plus sixty-seven percent of the
employee's average weekly wages greater than the non-tipped,
state minimum wage compensation; and
(3)  the maximum amount of weekly leave
compensation or supplemental leave compensation shall be no
more than the annual mean wage of all occupations in New Mexico
as calculated by the United States bureau of labor statistics
state occupational employment and wage estimates for the most
recent year available divided by fifty-two.
F.  The department shall issue leave compensation or
supplemental leave compensation to self-employed individuals as
follows:
(1)  a self-employed individual shall determine
the annual net income to be used by the department when the
self-employed individual enrolls in the paid parental leave
program.  A self-employed individual may adjust the
individual's annual net income one time per year on the
anniversary of the individual's enrollment;
(2)  the calculation of weekly leave
compensation and supplemental leave compensation shall be based
on the self-employed individual's designated annual net income;
(3)  a self-employed individual's weekly leave
compensation or supplemental leave compensation shall equal one
.230725.1
- 12 - underscored material = new
[bracketed material] = delete
1  
2  
3  
4  
5  
6  
7  
8  
9  
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
hundred percent of the compensation that would be paid to a
state-minimum-wage-earning employee, pursuant to Section
50-4-22 NMSA 1978, working full time each week, plus
sixty-seven percent of the self-employed individual's net
income per week greater than the state minimum wage
compensation; and
(4)  the maximum amount of weekly leave
compensation or supplemental leave compensation shall be no
more than the annual mean wage of all occupations in New Mexico
as calculated by the United States bureau of labor statistics
state occupational employment and wage estimates for the most
recent year available divided by fifty-two.
G.  When an applicant or an authorized
representative submits a claim for leave with the department,
the department shall verify:
(1)  if the applicant is an employee, a record
of total wages, the total number of weeks worked and the
average number of hours worked per week during the previous
twelve months in the employment from which the applicant seeks
leave; or
(2)  if the applicant is a self-employed
individual, documentation that the individual's business
operated and earned net income from self-employment during the
previous twelve months.
H.  The department shall notify the employer and
.230725.1
- 13 - underscored material = new
[bracketed material] = delete
1  
2  
3  
4  
5  
6  
7  
8  
9  
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
applicant in writing within twenty business days of
application:
(1)  if approved, and shall notify the
applicant of the amount of leave compensation or supplemental
leave compensation that the applicant is eligible to receive
biweekly; provided that an eligible applicant shall begin
receiving leave compensation within ten business days of the
date of submission of a properly completed application or ten
business days after approved leave begins;
(2)  if denied, and shall notify the applicant
of the grounds for denying the applicant's application for
eligibility and of the applicant's right to appeal; and
(3)  if further information or supporting
documentation is required to determine the applicant's
eligibility for paid leave or the amount of leave compensation;
provided that when the department receives sufficient
information or supporting documentation from the applicant to
make an eligibility determination, the department shall adhere
to the notification provision of this subsection.
I.  Every individual filing a new claim for leave
shall, at the time of filing such claim, be advised that:
(1)  leave compensation and supplemental leave
compensation may be subject to federal and state income taxes;
(2)  requirements exist pertaining to estimated
tax payments;
.230725.1
- 14 - underscored material = new
[bracketed material] = delete
1  
2  
3  
4  
5  
6  
7  
8  
9  
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
(3)  the individual may elect to have federal
income tax deducted and withheld from the individual's leave
compensation or supplemental leave compensation payments at the
amount specified in the federal Internal Revenue Code of 1986;
and
(4)  the individual is permitted to change a
previously elected withholding status one time during each
calendar year.
J.  Amounts deducted and withheld from leave
compensation and supplemental leave compensation shall remain
in the fund until transferred to the federal internal revenue
service.
K.  The department shall follow all state and
federal laws, rules and procedures pertaining to the deducting
and withholding of income tax.
SECTION 7. [NEW MATERIAL] CLAIMS FOR LEAVE--
DOCUMENTATION--CONFIDENTIALITY.--
A.  The department shall require an applicant who
seeks leave compensation or supplemental leave compensation to
provide, in accordance with department rules, evidence of the
birth or adoption of a child or placement of a foster child
with the applicant.
B.  Information contained in an applicant's files
and records pertaining to the Paid Parental Leave Act are
confidential and not open to public inspection, other than to
.230725.1
- 15 - underscored material = new
[bracketed material] = delete
1  
2  
3  
4  
5  
6  
7  
8  
9  
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
department employees or the employees of an approved privately
operated paid leave program or plan in the performance of their
official duties.  However, the applicant or an authorized
representative may review the records or receive specific
information from the records upon the presentation of the
applicant's signed authorization.
C.  Employee information acquired by a private
employer pursuant to the Paid Parental Leave Act shall be kept
confidential by the employer; provided that confidential
records may be used by department employees or the employees of
an approved privately operated paid leave program or plan in
the performance of their duties.
SECTION 8. [NEW MATERIAL] EMPLOYEE NOTICE TO EMPLOYER--
REDUCTION OF OTHER LEAVE PROHIBITED.--
A.  Beginning January 1, 2028, an employer shall
allow an employee to take up to a combined total of nine weeks
of parental leave and supplemental parental leave during any
application year.
B.  An employee shall:
(1)  make a reasonable effort to schedule leave
so as not to unduly disrupt the operations of the employer;
(2)  provide the employer with prior notice of
the schedule on which the employee will be taking leave twenty
days before use or as soon as practicable; and
(3)  provide the employer with documentation of
.230725.1
- 16 - underscored material = new
[bracketed material] = delete
1  
2  
3  
4  
5  
6  
7  
8  
9  
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
the approved claim for leave pursuant to department rules.
C.  The employer has the right to appeal a
determination to the department within fifteen calendar days
after receipt of documentation of the approved claim for leave.
D.  Leave taken pursuant to the Paid Parental Leave
Act shall not result in a reduction of the total amount of
leave to which an employee is otherwise entitled pursuant to
contract, policy, collective bargaining agreement or other law
or rule in excess of the amount of leave actually taken
pursuant to the Paid Parental Leave Act; provided that an
employer subject to the federal Family and Medical Leave Act of
1993 may require an employee who takes leave and receives leave
compensation or supplemental leave compensation pursuant to the
Paid Parental Leave Act that also qualifies for leave pursuant
to the federal Parental Leave Act of 1993 to take leave
concurrently.  An employer shall not require an employee to
exhaust any other leave entitlement prior to granting leave
pursuant to the Paid Parental Leave Act.
E.  An employer shall post and keep posted in a
conspicuous place upon its premises a notice that informs
employees of the right to take leave, the ability to opt in to
the supplemental paid parental leave program and the major
provisions of the Paid Parental Leave Act.
SECTION 9. [NEW MATERIAL] RETURN TO EMPLOYMENT.--
A.  A self-employed individual shall notify the
.230725.1
- 17 - underscored material = new
[bracketed material] = delete
1  
2  
3  
4  
5  
6  
7  
8  
9  
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
department within ten business days of the self-employed
individual's return to work.
B.  Upon an employee's return after leave, an
employer shall notify the department within ten business days
that the employee has returned to work.
C.  An employer that has employed an employee for
one hundred eighty days or more prior to the commencement of an
employee's leave shall:
(1)  restore the employee to the position held
by the employee when the leave was commenced; or
(2)  place the employee in a position for which
employee benefits, wages and other terms and conditions of
employment are equivalent to or greater than those provided in
the position from which the employee took leave.
D.  Nothing in this section shall be construed to
entitle a restored employee to:
(1)  the accrual of seniority or employment
benefits during the period the employee is using leave; or
(2)  the right to any benefit or position of
employment other than the right the employee would have been
entitled to had the employee not taken the leave.
E.  Any yearly certification or training that an
employer requires as a condition of employment may remain in
place and applicable to any employee taking leave; provided
that nothing in this subsection shall supersede another
.230725.1
- 18 - underscored material = new
[bracketed material] = delete
1  
2  
3  
4  
5  
6  
7  
8  
9  
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
provision of law or a collective bargaining agreement that
governs an employee's return to work after leave.
F.  Nothing in this section shall prohibit an
employer from requiring an employee who uses leave to report
periodically to the employer on the status and intention of the
employee to return to work.
G.  An employer shall pay its share of health
insurance premiums and maintain an employee's health coverage
while the employee is on leave pursuant to the Paid Parental
Leave Act under terms that the employee would have received if
the employee had not taken leave.  The employee on leave shall
pay the same share of premium payments as the employee would
have paid if the employee were not on leave. 
SECTION 10. [NEW MATERIAL] INTERFERENCE AND RETALIATION
PROHIBITED.--
A.  It is unlawful for an employer or any other
person to interfere with, restrain or deny the exercise of, or
the attempt to exercise, any right protected pursuant to the
Paid Parental Leave Act.
B.  An employer shall timely provide to the employee
documents required to apply for leave.
C.  An employer, employee organization or other
person shall not take retaliatory personnel action or otherwise
discriminate against a person because the person exercised
rights protected pursuant to the Paid Parental Leave Act.  Such
.230725.1
- 19 - underscored material = new
[bracketed material] = delete
1  
2  
3  
4  
5  
6  
7  
8  
9  
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
rights include:
(1)  requesting, filing for, applying for or
exercising any right to take leave as provided for pursuant to
the Paid Parental Leave Act;
(2)  communicating to the employer or any other
person or entity an intent to file a claim, a complaint with
the department or courts or an appeal;
(3)  testifying, planning to testify or
assisting at any time in any investigation, hearing or
proceeding pursuant to the Paid Parental Leave Act;
(4)  informing any person about an employer's
alleged violation of the Paid Parental Leave Act; and
(5)  informing any person of the person's
rights pursuant to the Paid Parental Leave Act.
D.  It is unlawful for an employer's absence policy
to count leave taken pursuant to the Paid Parental Leave Act as
an absence that may lead to or result in discipline, discharge,
demotion, suspension or any other adverse action.
E.  The protections provided in this section shall
apply to any person who reasonably but mistakenly alleges
violations of the Paid Parental Leave Act.
F.  An employer that is found by a hearing officer
or court of competent jurisdiction to have discharged a worker
in violation of this section shall rehire that employee;
provided that the worker agrees to be rehired.
.230725.1
- 20 - underscored material = new
[bracketed material] = delete
1  
2  
3  
4  
5  
6  
7  
8  
9  
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
SECTION 11. [NEW MATERIAL] ADVERSE DETERMINATIONS--APPEAL
PROCEDURES--ADMINISTRATIVE ACTIONS--DEPARTMENTAL DISCIPLINARY
POWERS.--
A.  An applicant or an authorized representative
named in an application for leave may appeal an adverse
determination of that application to the department as follows:
(1)  the aggrieved party shall: 
(a)  file an appeal in writing with the
department within fifteen business days of receiving notice of
the adverse decision;
(b)  set forth the reasons for appeal;
and
(c)  provide notice to all parties that
an appeal has been filed; and
(2)  the secretary or authorized representative
may:
(a)  hold a hearing within ten business
days after an appeal is properly made, due notice is given to
the parties in dispute and mediation is refused by any party; 
(b)  develop a record of the proceedings;
and
(c)  rule on the appeal within twenty
business days after the completion of the hearing and issue a
final decision in accordance with Subsection B of Section
39-3-1.1 NMSA 1978.
.230725.1
- 21 - underscored material = new
[bracketed material] = delete
1  
2  
3  
4  
5  
6  
7  
8  
9  
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
B.  An aggrieved party, including an employee or
former employee, or the department on its own motion may bring
an administrative action for an alleged violation of the Paid
Parental Leave Act under a public or privately run leave
program as follows:
(1)  the aggrieved party or the department
shall:
(a)  file a complaint alleging a
violation of the Paid Parental Leave Act in writing with the
department within thirty business days of becoming aware of the
alleged violation;
(b)  set forth the grounds of the
complaint; and
(c)  provide notice to parties to the
alleged violation that a complaint has been filed; and
(2)  the secretary or authorized representative
shall:
(a)  upon receipt of a complaint alleging
a violation, first allow for mediation upon agreement by all
parties;
(b)  hold a hearing within ten business
days after a complaint is properly made, due notice is given to
the parties in dispute and mediation is refused by any party;
(c)  develop a record of the proceedings;
(d)  have power to take disciplinary
.230725.1
- 22 - underscored material = new
[bracketed material] = delete
1  
2  
3  
4  
5  
6  
7  
8  
9  
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
action, including investigating, fining, censuring or
reprimanding a party or suspending or revoking a waiver issued
pursuant to the Paid Parental Leave Act; and
(e)  rule on a complaint within twenty
business days after the completion of the hearing and issue a
final decision in accordance with Subsection B of Section
39-3-1.1 NMSA 1978.
C.  A party may appeal a final decision made by the
department pursuant to the provisions of this section to the
district court pursuant to Section 39-3-1.1 NMSA 1978.
D.  The department may appear in its own name in
district court in actions for injunctive relief to prevent any
person or entity from violating the provisions of the Paid
Parental Leave Act or rules promulgated by the department.
SECTION 12. [NEW MATERIAL] PREEMPTION.--
A.  A city, county, home rule municipality or other
political subdivision of the state shall not adopt or continue
in effect any ordinance, rule, regulation, resolution or
statute that establishes a program of rights and benefits as
set out in the Paid Parental Leave Act, excluding a paid sick
leave or paid time off ordinance, policy or resolution.
B.  Subject to the requirements of the Paid Parental
Leave Act, the provisions of Subsection A of this section shall
not prevent a city, county, home rule municipality or other
political subdivision of the state from establishing any leave
.230725.1
- 23 - underscored material = new
[bracketed material] = delete
1  
2  
3  
4  
5  
6  
7  
8  
9  
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
policies for its employees.
SECTION 13. [NEW MATERIAL] COLLECTIVE BARGAINING
AGREEMENTS UNAFFECTED.--Nothing in the Paid Parental Leave Act
shall be construed to diminish the rights, privileges or
remedies of any employee under any collective bargaining
agreement.
SECTION 14. [NEW MATERIAL] DEPARTMENT TO PROMULGATE
RULES--AGENCIES AND DEPARTMENTS TO COOPERATE.--
A.  By July 1, 2026, the department shall adopt 
initial rules to implement the Paid Parental Leave Act.
B.  State agencies and departments shall cooperate
with the secretary to timely and efficiently provide the
information and services necessary to carry out the provisions
of the Paid Parental Leave Act.
SECTION 15.  TEMPORARY PROVISION--PAID PARENTAL LEAVE
IMPLEMENTATION ADVISORY COMMITTEE--CREATED--PURPOSE--
MEMBERS.--
A.  The "paid parental leave implementation advisory
committee" is created in the workforce solutions department. 
The advisory committee consists of eight members appointed by
the secretary of workforce solutions.  Members of the advisory
committee include:
(1)  four representatives of employers; and
(2)  four representatives of employees.
B.  The paid parental leave implementation advisory
.230725.1
- 24 - underscored material = new
[bracketed material] = delete
1  
2  
3  
4  
5  
6  
7  
8  
9  
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
committee shall provide input regarding best practices for the
efficient and timely development, implementation and
promulgation of rules and educational materials to carry out
the provisions of the Paid Parental Leave Act.
C.  The secretary of workforce solutions shall
consult with the paid parental leave implementation advisory
committee at least quarterly as rules are developed to
implement a program pursuant to the Paid Parental Leave Act.
D.  Members of the paid parental leave
implementation advisory committee are not entitled to per diem
and mileage expenses.  The workforce solutions department
shall provide staff for the committee.
E.  The paid parental leave implementation advisory
committee shall function from the date of its appointment,
which shall be no later than October 1, 2025, until January 1,
2027.
- 25 -
.230725.1