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Workplace Protections
Basic info
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
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
What you must provide to your employer
Do I need to provide my employer with written proof if I need to take time off for domestic violence?
Your employer can ask you to verify why you need to use domestic abuse leave. If your employer does ask for verification, you must provide one of the following:
- a police report that shows that you or your family member were a victim of domestic abuse;
- a copy of an order of protection or other court evidence connected to the domestic abuse; or
- a written statement saying that you or your family member are or were scheduled to come to court for a case related to an incident of domestic abuse. The statement can be from:
- a lawyer representing you;
- a district attorney’s victim advocate;
- a law enforcement official; or
- a prosecuting attorney.1
1 N.M. Stat. § 50-4A-4(B)
How much notice do I need to give my employer to take time off for domestic violence?
The law doesn’t specifically say how much advance notice you need to give your employer before taking domestic abuse leave. However, the law does make it clear that if you need to use your domestic abuse leave in an emergency, you must notify your employer within twenty-four hours of starting your leave.1
1 N.M. Stat. § 50-4A-4(A)
What your employer can and cannot do
I am worried that my employer will fire me or tell other co-workers about my situation. Is this legal?
Your employer must allow you to take domestic abuse leave without doing anything that would stop you from exercising your rights under this law. Your employer is not allowed to retaliate against you for using domestic abuse leave.1 “Retaliate” means doing something to punish you, such as firing you, denying you a promotion, or something similar.
The law also requires that your employer keep your domestic abuse situation confidential. Your employer is not allowed to discuss any of the following:
- the fact that you or your family member were involved in a domestic abuse incident;
- that you asked for or were granted domestic abuse leave; and
- that you made any written or oral statement about the need for domestic abuse leave.2
However, your employer may be able to provide the above-mentioned information about your domestic abuse leave if:
- you allow your employer to do so;
- a court order requires your employer to give information about your domestic abuse leave; or
- state or federal law requires your employer to give information about your domestic abuse leave.2
1 N.M. Stat. § 50-4A-3
2 N.M. Stat. § 50-4A-6
My employer has done something illegal under this law. What can I do?
If your employer does something that is not allowed under this law, you may be able to report that behavior to the New Mexico Department of Workforce Solutions. The Department of Workforce Solutions can investigate your complaint. Both you and the Workforce Solutions Department can start a legal case to:
- keep the employer from violating the law again;
- get money damages for any harm you suffered; and
- cover your costs in filing a legal case and reasonable attorney fees that you spent to hire an attorney.1
1 N.M. Stat. § 50-4A-7
