New Mexico 2025 Regular Session

New Mexico House Bill HB446 Compare Versions

Only one version of the bill is available at this time.

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28	28	HOUSE BILL 446
29	29	57
30	30	TH LEGISLATURE
31	31	-
32	32
33	33	STATE
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35	35	OF
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37	37	NEW
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39	39	MEXICO
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42	42	FIRST SESSION
43	43	,
44	44
45	45	2025
46	46	INTRODUCED BY
47	47	Rebecca Dow and Gail Armstrong and Luis M. Terrazas
48	48	and Angelita Mejia and Jenifer Jones
49	49	AN ACT
50	50	RELATING TO EMPLOYMENT; AMENDING THE EARLY CHILDHOOD EDUCATION
51	51	AND CARE FUND TO ALLOW APPROPRIATIONS FOR PARENTAL LEAVE
52	52	COMPENSATION; ENACTING THE PAID PARENTAL LEAVE ACT; CREATING
53	53	THE SUPPLEMENTAL PAID PARENTAL LEAVE FUND; PROVIDING FOR THE
54	54	PAID PARENTAL LEAVE PROGRAM AND THE SUPPLEMENTAL PAID PARENTAL
55	55	LEAVE PROGRAM TO PAY AN ELIGIBLE APPLICANT A PERCENTAGE OF THE
56	56	EMPLOYEE'S WAGES TO ALLOW THE APPLICANT TO BOND WITH A NEW
57	57	CHILD; LIMITING THE TIME ALLOWED FOR PAID PARENTAL LEAVE;
58	58	EXCEPTING CERTAIN EMPLOYEES; PROVIDING FOR ADMINISTRATION OF
59	59	THE PROGRAM BY THE WORKFORCE SOLUTIONS DEPARTMENT; PREEMPTING
60	60	SIMILAR PROGRAMS; CREATING A TEMPORARY ADVISORY COMMITTEE.
61	61	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
62	62	SECTION 1. Section 9-29A-1 NMSA 1978 (being Laws 2020,
63	63	Chapter 3, Section 1, as amended) is amended to read:
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91	91	"9-29A-1. EARLY CHILDHOOD EDUCATION AND CARE FUND.--
92	92	A. The "early childhood education and care fund" is
93	93	created within the state treasury. The fund shall consist of
94	94	distributions, appropriations, gifts, grants and donations.
95	95	Income from investment of the fund shall be credited to the
96	96	fund. Money in the fund shall be expended only as provided in
97	97	this section.
98	98	B. The state investment officer, subject to the
99	99	approval of the state investment council, shall invest money in
100	100	the early childhood education and care fund:
101	101	(1) in accordance with the prudent investor
102	102	rule set forth in the Uniform Prudent Investor Act; and
103	103	(2) in consultation with the state treasurer.
104	104	C. The state investment officer shall report
105	105	quarterly to the legislative finance committee and the state
106	106	investment council on the investments made pursuant to this
107	107	section. Annually, a report shall be submitted no later than
108	108	October 1 each year to the legislative finance committee, the
109	109	revenue stabilization and tax policy committee and any other
110	110	appropriate interim committees.
111	111	D. On July 1 of each year, a distribution shall be
112	112	made from the early childhood education and care fund to the
113	113	early childhood education and care program fund in an amount
114	114	equal to the greater of five percent of the average of the
115	115	year-end market values of the fund for the immediately
116	116	.230725.1
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144	144	preceding three calendar years or two hundred fifty million
145	145	dollars ($250,000,000).
146	146	E. In addition to the distribution pursuant to
147	147	Subsection D of this section and appropriations pursuant to
148	148	Subsection F of this section, money in the early childhood
149	149	education and care fund may be expended in the event that
150	150	general fund balances, including all authorized revenues and
151	151	transfers to the general fund and balances in the general fund
152	152	operating reserve, the appropriation contingency fund, the
153	153	tobacco settlement permanent fund, the state-support reserve
154	154	fund and the tax stabilization reserve, will not meet the level
155	155	of appropriations authorized from the general fund for a fiscal
156	156	year. In that event, to avoid an unconstitutional deficit, the
157	157	legislature may appropriate from the early childhood education
158	158	and care fund to the general fund only in the amount necessary
159	159	to meet general fund appropriations for that fiscal year and
160	160	only if the legislature has authorized transfers from the
161	161	appropriation contingency fund, the general fund operating
162	162	reserve, the tax stabilization reserve and the tobacco
163	163	settlement permanent fund that exhaust those fund balances.
164	164	F. In addition to the distribution pursuant to
165	165	Subsection D of this section and appropriations pursuant to
166	166	Subsection E of this section, the legislature may appropriate
167	167	money from the early childhood education and care fund to the
168	168	workforce solutions department for the purposes of paying leave
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197	197	compensation to employees and self-employed individuals covered
198	198	by the Paid Parental Leave Act. "
199	199	SECTION 2. [NEW MATERIAL] SHORT TITLE.--Sections 2
200	200	through 14 of this act may be cited as the "Paid Parental Leave
201	201	Act".
202	202	SECTION 3. [NEW MATERIAL] DEFINITIONS.--As used in the
203	203	Paid Parental Leave Act:
204	204	A. "applicant" means an employee or self-employed
205	205	individual who is applying for leave compensation or
206	206	supplemental leave compensation pursuant to the Paid Parental
207	207	Leave Act;
208	208	B. "application year" means the twelve-month period
209	209	beginning on the first day of the calendar week in which an
210	210	employee or self-employed individual files an application for
211	211	parental leave compensation;
212	212	C. "claim for leave" means an application for leave
213	213	compensation or supplemental leave compensation that an
214	214	applicant makes to the department pursuant to the Paid Parental
215	215	Leave Act in accordance with department rules;
216	216	D. "department" means the workforce solutions
217	217	department, the secretary or an employee of the department
218	218	exercising authority lawfully delegated to that employee by the
219	219	secretary;
220	220	E. "employee" means a person working within the
221	221	state who performs a service for wages or other remuneration
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250	250	under a contract of hire, written or oral, express or implied,
251	251	and includes a person employed by the state or a political
252	252	subdivision of the state. "Employee" does not mean an employee
253	253	of an employer subject to the provisions of Title II of the
254	254	federal Railway Labor Act or an employee as defined in the
255	255	federal Railroad Unemployment Insurance Act;
256	256	F. "employer" means a person that has one or more
257	257	employees within the state and includes an agent of an employer
258	258	and the state or a political subdivision of the state;
259	259	G. "fund" means the supplemental paid parental
260	260	leave fund;
261	261	H. "Indian tribe" means a federally recognized
262	262	Indian nation, tribe or pueblo, wholly or partially located in
263	263	New Mexico, a governmental unit, subdivision, agency,
264	264	department or instrumentality thereof or a business enterprise
265	265	wholly owned by such an Indian nation, tribe or pueblo;
266	266	I. "leave compensation" means income that the
267	267	department pays an applicant who takes parental leave;
268	268	J. "parental leave" means leave for which an
269	269	applicant can apply for leave compensation pursuant to the Paid
270	270	Parental Leave Act and that is granted to the applicant to
271	271	allow the applicant to bond with a child of the applicant
272	272	within twelve months of the birth or adoption of a child or
273	273	placement of a foster child with the applicant if the applicant
274	274	is a first time foster parent;
275	275	.230725.1
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303	303	K. "secretary" means the secretary of workforce
304	304	solutions;
305	305	L. "supplemental leave compensation" means income
306	306	the department pays to an applicant who has opted into the
307	307	supplemental paid parental leave program;
308	308	M. "supplemental parental leave" means parental
309	309	leave that an employee may receive after opting into the
310	310	supplemental paid parental leave program; and
311	311	N. "wages" means all remuneration for services,
312	312	including commissions, bonuses or unpaid loans to employees and
313	313	the cash value of all remuneration in any medium other than
314	314	cash.
315	315	SECTION 4. [NEW MATERIAL] SUPPLEMENTAL PAID PARENTAL
316	316	LEAVE FUND--CREATION.--
317	317	A. The "supplemental paid parental leave fund" is
318	318	created in the state treasury and shall be administered by the
319	319	department. The fund shall be held for the benefit of the
320	320	employees and self-employed individuals who opt in to paying
321	321	into the fund and shall consist of all revenue, including any
322	322	fees collected pursuant to the Paid Parental Leave Act in
323	323	accordance with department rules. Money in the fund shall be
324	324	invested by the state investment officer. Income from
325	325	investment of the fund shall be credited to the fund.
326	326	B. Money in the fund is appropriated to the
327	327	department to distribute supplemental leave compensation
328	328	.230725.1
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356	356	pursuant to the Paid Parental Leave Act and to cover the costs
357	357	of administration and outreach for the paid parental leave
358	358	program pursuant to that act.
359	359	C. Money shall be disbursed from the fund only on
360	360	warrant issued by the department of finance and administration
361	361	pursuant to vouchers signed by the secretary or the secretary's
362	362	authorized representative. Any unexpended or unencumbered
363	363	balance remaining at the end of a fiscal year shall not revert
364	364	or be transferred to any other fund.
365	365	SECTION 5. [NEW MATERIAL] APPLICABILITY--PAID PARENTAL
366	366	LEAVE PROGRAM--SUPPLEMENTAL PAID PARENTAL LEAVE PROGRAM--
367	367	EMPLOYEE CONTRIBUTIONS.--
368	368	A. The Paid Parental Leave Act applies to:
369	369	(1) all public and private employees who are
370	370	in the state of New Mexico, except those employees who are
371	371	employed by the United States;
372	372	(2) the employers of employees as described in
373	373	Paragraph (1) of this subsection, whether or not the employer
374	374	is physically located in the state;
375	375	(3) self-employed individuals in the state of
376	376	New Mexico; and
377	377	(4) Indian tribes that elect to be covered, or
378	378	to terminate coverage, in the program for their employees.
379	379	B. The department shall administer a paid parental
380	380	leave program and a supplemental paid parental leave program to
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409	409	provide leave compensation and supplemental leave compensation
410	410	to employees and self employed individuals. Beginning January
411	411	1, 2028, eligible employees and self-employed individuals shall
412	412	be annually entitled to up to:
413	413	(1) six weeks of leave compensation; and
414	414	(2) three weeks of supplemental leave
415	415	compensation paid from the supplemental paid parental leave
416	416	fund if the employee opts into the supplemental paid parental
417	417	leave program.
418	418	C. An employee or self-employed individual shall
419	419	automatically be enrolled in the supplemental paid parental
420	420	leave program by contributing to the fund pursuant to
421	421	Subsections D and E of this section.
422	422	D. Beginning January 1, 2027 and for each calendar
423	423	quarter thereafter until January 1, 2030, there is assessed
424	424	against each employee that wishes to opt in to the supplemental
425	425	paid parental leave program one-half percent of the employee's
426	426	wages up to the earnings cap established by the federal social
427	427	security administration program, pursuant to the Federal
428	428	Insurance Contributions Act. An employee shall not be required
429	429	to make any contributions to the fund from leave compensation.
430	430	E. Beginning January 1, 2027 and for each calendar
431	431	quarter thereafter until January 1, 2030, there is assessed
432	432	against each self-employed individual as described in Paragraph
433	433	(3) of Subsection A of this section that wishes to opt in to
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462	462	the supplemental paid parental leave program one-half percent
463	463	of the individual's net income as designated by the self-
464	464	employed individual.
465	465	F. The contributions of employees shall be remitted
466	466	by the employer following the end of each quarter for which the
467	467	contributions are deducted and on a date determined by the
468	468	secretary.
469	469	G. The contributions of self-employed individuals
470	470	shall be remitted by the individual following each end of the
471	471	quarter for which the contributions are deducted and on a date
472	472	determined by the secretary. A self-employed individual shall
473	473	not be required to make contributions to the fund from leave
474	474	compensation.
475	475	H. Nothing in this section shall be construed to
476	476	prohibit an employer from providing additional leave
477	477	compensation or extended length of leave to employees receiving
478	478	compensation from the department.
479	479	SECTION 6. [NEW MATERIAL] ELIGIBILITY--LEAVE COMPENSATION
480	480	AND SUPPLEMENTAL LEAVE COMPENSATION CALCULATION--DOCUMENTATION
481	481	REQUIRED--NOTICE OF DETERMINATION.--
482	482	A. Beginning January 1, 2028, the department shall
483	483	provide leave compensation to an eligible applicant who takes
484	484	leave after the applicant, in accordance with the provisions of
485	485	the Paid Parental Leave Act and department rule, has filed a
486	486	claim for leave approved by the department.
487	487	.230725.1
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515	515	B. Beginning January 1, 2028, the department shall
516	516	provide supplemental leave compensation to an eligible
517	517	applicant who takes leave after the applicant, in accordance
518	518	with the provisions of the Paid Parental Leave Act and
519	519	department rules, has:
520	520	(1) filed a claim for leave approved by the
521	521	department;
522	522	(2) received six weeks of leave compensation;
523	523	and
524	524	(3) contributed to the fund for at least six
525	525	months during the twelve-month period prior to submitting an
526	526	application.
527	527	C. An applicant shall be eligible for a maximum of
528	528	three weeks of supplemental parental leave.
529	529	D. An applicant shall be ineligible to receive
530	530	leave compensation or supplemental leave compensation if:
531	531	(1) the applicant willfully or knowingly files
532	532	a fraudulent claim for leave or has filed a fraudulent claim
533	533	for leave within the previous three years;
534	534	(2) the applicant is receiving unemployment
535	535	insurance benefits during the period for which the claim for
536	536	leave is filed;
537	537	(3) during leave, the applicant does not
538	538	provide the care or use leave as related to the need for leave
539	539	described in the applicant's application for leave;
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568	568	(4) the leave compensation would duplicate the
569	569	amount the applicant is receiving or has received in temporary
570	570	total disability benefits from a workers' compensation claim
571	571	for the same time period; or
572	572	(5) the leave compensation duplicates what the
573	573	applicant is earning or has earned in wages for the same time
574	574	period.
575	575	E. The department shall issue leave compensation
576	576	and supplemental leave compensation to an eligible applicant
577	577	whose claim has been approved as follows:
578	578	(1) the calculation of weekly leave
579	579	compensation and supplemental leave compensation shall be based
580	580	on the employee's average weekly wages during the twelve months
581	581	immediately preceding the date of the claim for leave. For the
582	582	purposes of this paragraph, the "employee's average weekly
583	583	wages" means an amount calculated by the department by dividing
584	584	the total wages earned by an eligible employee during the
585	585	previous twelve months by the number of weeks worked during the
586	586	previous twelve months. If the employee worked fewer than
587	587	twelve months, then weekly leave compensation and supplemental
588	588	leave compensation shall be based on the employee's average
589	589	weekly wages during the weeks the employee worked;
590	590	(2) an eligible employee's weekly leave
591	591	compensation or supplemental leave compensation shall equal one
592	592	hundred percent of the compensation that would be paid to a
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621	621	non-tipped, state-minimum-wage-earning employee, pursuant to
622	622	Section 50-4-22 NMSA 1978, working the same number of hours per
623	623	week as the employee, plus sixty-seven percent of the
624	624	employee's average weekly wages greater than the non-tipped,
625	625	state minimum wage compensation; and
626	626	(3) the maximum amount of weekly leave
627	627	compensation or supplemental leave compensation shall be no
628	628	more than the annual mean wage of all occupations in New Mexico
629	629	as calculated by the United States bureau of labor statistics
630	630	state occupational employment and wage estimates for the most
631	631	recent year available divided by fifty-two.
632	632	F. The department shall issue leave compensation or
633	633	supplemental leave compensation to self-employed individuals as
634	634	follows:
635	635	(1) a self-employed individual shall determine
636	636	the annual net income to be used by the department when the
637	637	self-employed individual enrolls in the paid parental leave
638	638	program. A self-employed individual may adjust the
639	639	individual's annual net income one time per year on the
640	640	anniversary of the individual's enrollment;
641	641	(2) the calculation of weekly leave
642	642	compensation and supplemental leave compensation shall be based
643	643	on the self-employed individual's designated annual net income;
644	644	(3) a self-employed individual's weekly leave
645	645	compensation or supplemental leave compensation shall equal one
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674	674	hundred percent of the compensation that would be paid to a
675	675	state-minimum-wage-earning employee, pursuant to Section
676	676	50-4-22 NMSA 1978, working full time each week, plus
677	677	sixty-seven percent of the self-employed individual's net
678	678	income per week greater than the state minimum wage
679	679	compensation; and
680	680	(4) the maximum amount of weekly leave
681	681	compensation or supplemental leave compensation shall be no
682	682	more than the annual mean wage of all occupations in New Mexico
683	683	as calculated by the United States bureau of labor statistics
684	684	state occupational employment and wage estimates for the most
685	685	recent year available divided by fifty-two.
686	686	G. When an applicant or an authorized
687	687	representative submits a claim for leave with the department,
688	688	the department shall verify:
689	689	(1) if the applicant is an employee, a record
690	690	of total wages, the total number of weeks worked and the
691	691	average number of hours worked per week during the previous
692	692	twelve months in the employment from which the applicant seeks
693	693	leave; or
694	694	(2) if the applicant is a self-employed
695	695	individual, documentation that the individual's business
696	696	operated and earned net income from self-employment during the
697	697	previous twelve months.
698	698	H. The department shall notify the employer and
699	699	.230725.1
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727	727	applicant in writing within twenty business days of
728	728	application:
729	729	(1) if approved, and shall notify the
730	730	applicant of the amount of leave compensation or supplemental
731	731	leave compensation that the applicant is eligible to receive
732	732	biweekly; provided that an eligible applicant shall begin
733	733	receiving leave compensation within ten business days of the
734	734	date of submission of a properly completed application or ten
735	735	business days after approved leave begins;
736	736	(2) if denied, and shall notify the applicant
737	737	of the grounds for denying the applicant's application for
738	738	eligibility and of the applicant's right to appeal; and
739	739	(3) if further information or supporting
740	740	documentation is required to determine the applicant's
741	741	eligibility for paid leave or the amount of leave compensation;
742	742	provided that when the department receives sufficient
743	743	information or supporting documentation from the applicant to
744	744	make an eligibility determination, the department shall adhere
745	745	to the notification provision of this subsection.
746	746	I. Every individual filing a new claim for leave
747	747	shall, at the time of filing such claim, be advised that:
748	748	(1) leave compensation and supplemental leave
749	749	compensation may be subject to federal and state income taxes;
750	750	(2) requirements exist pertaining to estimated
751	751	tax payments;
752	752	.230725.1
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780	780	(3) the individual may elect to have federal
781	781	income tax deducted and withheld from the individual's leave
782	782	compensation or supplemental leave compensation payments at the
783	783	amount specified in the federal Internal Revenue Code of 1986;
784	784	and
785	785	(4) the individual is permitted to change a
786	786	previously elected withholding status one time during each
787	787	calendar year.
788	788	J. Amounts deducted and withheld from leave
789	789	compensation and supplemental leave compensation shall remain
790	790	in the fund until transferred to the federal internal revenue
791	791	service.
792	792	K. The department shall follow all state and
793	793	federal laws, rules and procedures pertaining to the deducting
794	794	and withholding of income tax.
795	795	SECTION 7. [NEW MATERIAL] CLAIMS FOR LEAVE--
796	796	DOCUMENTATION--CONFIDENTIALITY.--
797	797	A. The department shall require an applicant who
798	798	seeks leave compensation or supplemental leave compensation to
799	799	provide, in accordance with department rules, evidence of the
800	800	birth or adoption of a child or placement of a foster child
801	801	with the applicant.
802	802	B. Information contained in an applicant's files
803	803	and records pertaining to the Paid Parental Leave Act are
804	804	confidential and not open to public inspection, other than to
805	805	.230725.1
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833	833	department employees or the employees of an approved privately
834	834	operated paid leave program or plan in the performance of their
835	835	official duties. However, the applicant or an authorized
836	836	representative may review the records or receive specific
837	837	information from the records upon the presentation of the
838	838	applicant's signed authorization.
839	839	C. Employee information acquired by a private
840	840	employer pursuant to the Paid Parental Leave Act shall be kept
841	841	confidential by the employer; provided that confidential
842	842	records may be used by department employees or the employees of
843	843	an approved privately operated paid leave program or plan in
844	844	the performance of their duties.
845	845	SECTION 8. [NEW MATERIAL] EMPLOYEE NOTICE TO EMPLOYER--
846	846	REDUCTION OF OTHER LEAVE PROHIBITED.--
847	847	A. Beginning January 1, 2028, an employer shall
848	848	allow an employee to take up to a combined total of nine weeks
849	849	of parental leave and supplemental parental leave during any
850	850	application year.
851	851	B. An employee shall:
852	852	(1) make a reasonable effort to schedule leave
853	853	so as not to unduly disrupt the operations of the employer;
854	854	(2) provide the employer with prior notice of
855	855	the schedule on which the employee will be taking leave twenty
856	856	days before use or as soon as practicable; and
857	857	(3) provide the employer with documentation of
858	858	.230725.1
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886	886	the approved claim for leave pursuant to department rules.
887	887	C. The employer has the right to appeal a
888	888	determination to the department within fifteen calendar days
889	889	after receipt of documentation of the approved claim for leave.
890	890	D. Leave taken pursuant to the Paid Parental Leave
891	891	Act shall not result in a reduction of the total amount of
892	892	leave to which an employee is otherwise entitled pursuant to
893	893	contract, policy, collective bargaining agreement or other law
894	894	or rule in excess of the amount of leave actually taken
895	895	pursuant to the Paid Parental Leave Act; provided that an
896	896	employer subject to the federal Family and Medical Leave Act of
897	897	1993 may require an employee who takes leave and receives leave
898	898	compensation or supplemental leave compensation pursuant to the
899	899	Paid Parental Leave Act that also qualifies for leave pursuant
900	900	to the federal Parental Leave Act of 1993 to take leave
901	901	concurrently. An employer shall not require an employee to
902	902	exhaust any other leave entitlement prior to granting leave
903	903	pursuant to the Paid Parental Leave Act.
904	904	E. An employer shall post and keep posted in a
905	905	conspicuous place upon its premises a notice that informs
906	906	employees of the right to take leave, the ability to opt in to
907	907	the supplemental paid parental leave program and the major
908	908	provisions of the Paid Parental Leave Act.
909	909	SECTION 9. [NEW MATERIAL] RETURN TO EMPLOYMENT.--
910	910	A. A self-employed individual shall notify the
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939	939	department within ten business days of the self-employed
940	940	individual's return to work.
941	941	B. Upon an employee's return after leave, an
942	942	employer shall notify the department within ten business days
943	943	that the employee has returned to work.
944	944	C. An employer that has employed an employee for
945	945	one hundred eighty days or more prior to the commencement of an
946	946	employee's leave shall:
947	947	(1) restore the employee to the position held
948	948	by the employee when the leave was commenced; or
949	949	(2) place the employee in a position for which
950	950	employee benefits, wages and other terms and conditions of
951	951	employment are equivalent to or greater than those provided in
952	952	the position from which the employee took leave.
953	953	D. Nothing in this section shall be construed to
954	954	entitle a restored employee to:
955	955	(1) the accrual of seniority or employment
956	956	benefits during the period the employee is using leave; or
957	957	(2) the right to any benefit or position of
958	958	employment other than the right the employee would have been
959	959	entitled to had the employee not taken the leave.
960	960	E. Any yearly certification or training that an
961	961	employer requires as a condition of employment may remain in
962	962	place and applicable to any employee taking leave; provided
963	963	that nothing in this subsection shall supersede another
964	964	.230725.1
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992	992	provision of law or a collective bargaining agreement that
993	993	governs an employee's return to work after leave.
994	994	F. Nothing in this section shall prohibit an
995	995	employer from requiring an employee who uses leave to report
996	996	periodically to the employer on the status and intention of the
997	997	employee to return to work.
998	998	G. An employer shall pay its share of health
999	999	insurance premiums and maintain an employee's health coverage
1000	1000	while the employee is on leave pursuant to the Paid Parental
1001	1001	Leave Act under terms that the employee would have received if
1002	1002	the employee had not taken leave. The employee on leave shall
1003	1003	pay the same share of premium payments as the employee would
1004	1004	have paid if the employee were not on leave.
1005	1005	SECTION 10. [NEW MATERIAL] INTERFERENCE AND RETALIATION
1006	1006	PROHIBITED.--
1007	1007	A. It is unlawful for an employer or any other
1008	1008	person to interfere with, restrain or deny the exercise of, or
1009	1009	the attempt to exercise, any right protected pursuant to the
1010	1010	Paid Parental Leave Act.
1011	1011	B. An employer shall timely provide to the employee
1012	1012	documents required to apply for leave.
1013	1013	C. An employer, employee organization or other
1014	1014	person shall not take retaliatory personnel action or otherwise
1015	1015	discriminate against a person because the person exercised
1016	1016	rights protected pursuant to the Paid Parental Leave Act. Such
1017	1017	.230725.1
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1045	1045	rights include:
1046	1046	(1) requesting, filing for, applying for or
1047	1047	exercising any right to take leave as provided for pursuant to
1048	1048	the Paid Parental Leave Act;
1049	1049	(2) communicating to the employer or any other
1050	1050	person or entity an intent to file a claim, a complaint with
1051	1051	the department or courts or an appeal;
1052	1052	(3) testifying, planning to testify or
1053	1053	assisting at any time in any investigation, hearing or
1054	1054	proceeding pursuant to the Paid Parental Leave Act;
1055	1055	(4) informing any person about an employer's
1056	1056	alleged violation of the Paid Parental Leave Act; and
1057	1057	(5) informing any person of the person's
1058	1058	rights pursuant to the Paid Parental Leave Act.
1059	1059	D. It is unlawful for an employer's absence policy
1060	1060	to count leave taken pursuant to the Paid Parental Leave Act as
1061	1061	an absence that may lead to or result in discipline, discharge,
1062	1062	demotion, suspension or any other adverse action.
1063	1063	E. The protections provided in this section shall
1064	1064	apply to any person who reasonably but mistakenly alleges
1065	1065	violations of the Paid Parental Leave Act.
1066	1066	F. An employer that is found by a hearing officer
1067	1067	or court of competent jurisdiction to have discharged a worker
1068	1068	in violation of this section shall rehire that employee;
1069	1069	provided that the worker agrees to be rehired.
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1098	1098	SECTION 11. [NEW MATERIAL] ADVERSE DETERMINATIONS--APPEAL
1099	1099	PROCEDURES--ADMINISTRATIVE ACTIONS--DEPARTMENTAL DISCIPLINARY
1100	1100	POWERS.--
1101	1101	A. An applicant or an authorized representative
1102	1102	named in an application for leave may appeal an adverse
1103	1103	determination of that application to the department as follows:
1104	1104	(1) the aggrieved party shall:
1105	1105	(a) file an appeal in writing with the
1106	1106	department within fifteen business days of receiving notice of
1107	1107	the adverse decision;
1108	1108	(b) set forth the reasons for appeal;
1109	1109	and
1110	1110	(c) provide notice to all parties that
1111	1111	an appeal has been filed; and
1112	1112	(2) the secretary or authorized representative
1113	1113	may:
1114	1114	(a) hold a hearing within ten business
1115	1115	days after an appeal is properly made, due notice is given to
1116	1116	the parties in dispute and mediation is refused by any party;
1117	1117	(b) develop a record of the proceedings;
1118	1118	and
1119	1119	(c) rule on the appeal within twenty
1120	1120	business days after the completion of the hearing and issue a
1121	1121	final decision in accordance with Subsection B of Section
1122	1122	39-3-1.1 NMSA 1978.
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1151	1151	B. An aggrieved party, including an employee or
1152	1152	former employee, or the department on its own motion may bring
1153	1153	an administrative action for an alleged violation of the Paid
1154	1154	Parental Leave Act under a public or privately run leave
1155	1155	program as follows:
1156	1156	(1) the aggrieved party or the department
1157	1157	shall:
1158	1158	(a) file a complaint alleging a
1159	1159	violation of the Paid Parental Leave Act in writing with the
1160	1160	department within thirty business days of becoming aware of the
1161	1161	alleged violation;
1162	1162	(b) set forth the grounds of the
1163	1163	complaint; and
1164	1164	(c) provide notice to parties to the
1165	1165	alleged violation that a complaint has been filed; and
1166	1166	(2) the secretary or authorized representative
1167	1167	shall:
1168	1168	(a) upon receipt of a complaint alleging
1169	1169	a violation, first allow for mediation upon agreement by all
1170	1170	parties;
1171	1171	(b) hold a hearing within ten business
1172	1172	days after a complaint is properly made, due notice is given to
1173	1173	the parties in dispute and mediation is refused by any party;
1174	1174	(c) develop a record of the proceedings;
1175	1175	(d) have power to take disciplinary
1176	1176	.230725.1
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1204	1204	action, including investigating, fining, censuring or
1205	1205	reprimanding a party or suspending or revoking a waiver issued
1206	1206	pursuant to the Paid Parental Leave Act; and
1207	1207	(e) rule on a complaint within twenty
1208	1208	business days after the completion of the hearing and issue a
1209	1209	final decision in accordance with Subsection B of Section
1210	1210	39-3-1.1 NMSA 1978.
1211	1211	C. A party may appeal a final decision made by the
1212	1212	department pursuant to the provisions of this section to the
1213	1213	district court pursuant to Section 39-3-1.1 NMSA 1978.
1214	1214	D. The department may appear in its own name in
1215	1215	district court in actions for injunctive relief to prevent any
1216	1216	person or entity from violating the provisions of the Paid
1217	1217	Parental Leave Act or rules promulgated by the department.
1218	1218	SECTION 12. [NEW MATERIAL] PREEMPTION.--
1219	1219	A. A city, county, home rule municipality or other
1220	1220	political subdivision of the state shall not adopt or continue
1221	1221	in effect any ordinance, rule, regulation, resolution or
1222	1222	statute that establishes a program of rights and benefits as
1223	1223	set out in the Paid Parental Leave Act, excluding a paid sick
1224	1224	leave or paid time off ordinance, policy or resolution.
1225	1225	B. Subject to the requirements of the Paid Parental
1226	1226	Leave Act, the provisions of Subsection A of this section shall
1227	1227	not prevent a city, county, home rule municipality or other
1228	1228	political subdivision of the state from establishing any leave
1229	1229	.230725.1
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1257	1257	policies for its employees.
1258	1258	SECTION 13. [NEW MATERIAL] COLLECTIVE BARGAINING
1259	1259	AGREEMENTS UNAFFECTED.--Nothing in the Paid Parental Leave Act
1260	1260	shall be construed to diminish the rights, privileges or
1261	1261	remedies of any employee under any collective bargaining
1262	1262	agreement.
1263	1263	SECTION 14. [NEW MATERIAL] DEPARTMENT TO PROMULGATE
1264	1264	RULES--AGENCIES AND DEPARTMENTS TO COOPERATE.--
1265	1265	A. By July 1, 2026, the department shall adopt
1266	1266	initial rules to implement the Paid Parental Leave Act.
1267	1267	B. State agencies and departments shall cooperate
1268	1268	with the secretary to timely and efficiently provide the
1269	1269	information and services necessary to carry out the provisions
1270	1270	of the Paid Parental Leave Act.
1271	1271	SECTION 15. TEMPORARY PROVISION--PAID PARENTAL LEAVE
1272	1272	IMPLEMENTATION ADVISORY COMMITTEE--CREATED--PURPOSE--
1273	1273	MEMBERS.--
1274	1274	A. The "paid parental leave implementation advisory
1275	1275	committee" is created in the workforce solutions department.
1276	1276	The advisory committee consists of eight members appointed by
1277	1277	the secretary of workforce solutions. Members of the advisory
1278	1278	committee include:
1279	1279	(1) four representatives of employers; and
1280	1280	(2) four representatives of employees.
1281	1281	B. The paid parental leave implementation advisory
1282	1282	.230725.1
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1310	1310	committee shall provide input regarding best practices for the
1311	1311	efficient and timely development, implementation and
1312	1312	promulgation of rules and educational materials to carry out
1313	1313	the provisions of the Paid Parental Leave Act.
1314	1314	C. The secretary of workforce solutions shall
1315	1315	consult with the paid parental leave implementation advisory
1316	1316	committee at least quarterly as rules are developed to
1317	1317	implement a program pursuant to the Paid Parental Leave Act.
1318	1318	D. Members of the paid parental leave
1319	1319	implementation advisory committee are not entitled to per diem
1320	1320	and mileage expenses. The workforce solutions department
1321	1321	shall provide staff for the committee.
1322	1322	E. The paid parental leave implementation advisory
1323	1323	committee shall function from the date of its appointment,
1324	1324	which shall be no later than October 1, 2025, until January 1,
1325	1325	2027.
1326	1326	- 25 -
1327	1327	.230725.1