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Legal Information: New Mexico

Workplace Protections

Updated: 
January 5, 2024

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