Legal Information: New Mexico

New Mexico Workplace Protections

December 28, 2022

Who is protected under these laws?

Under New Mexico state law, you may be protected if you are:

  • a victim of domestic abuse; and
  • an employee who needs to take leave from work.1

1 N.M. Stat. § 50-4A-3

How do these laws protect me?

Under these New Mexico state laws, your employer must allow to take “domestic abuse leave” to protect yourself from domestic abuse.1

Additionally, your employer cannot punish you for using domestic abuse leave and cannot discuss your situation with others.2

1 N.M. Stat. § 50-4A-2(B)
2 N.M. Stat §§ 50-4A-3, 50-4A-6

What is domestic abuse leave? What can I use my domestic abuse leave to do?

Domestic abuse leave is paid or unpaid leave that you can use to handle certain issues related to a domestic violence incident. Domestic abuse leave includes sick leave or any other type of available paid leave you have.1 For domestic abuse leave, an employee may use paid or unpaid leave for up to eight hours a day for 14 days. The 14 days can be taken in a row or spread out over the calendar year.2

You can use domestic abuse leave from work to:

  • get or try to get an order of protection or some other type of protection from court;
  • meet with law enforcement officers;
  • talk to a lawyer or district attorney’s victim advocate; or
  • attend a court hearing related to the domestic abuse for you or your family member.2

1 N.M. Stat. § 50-4A-5(A)
2 N.M. Stat. § 50-4A-3

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