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New Mexico FMLA

Public-Sector Employers:

  • New Mexico has a state employees' family and medical leave rule which complies with the federal FMLA.
  • Almost all the state's rules are identical to those of the federal law.
  • The only exceptions are listed below.


  • Eligible employees will have at least 12 months of service in the state classified service or in the exempt service in either the legislative or the judicial branches of state government.

Leave Use

  • Instead of unpaid FMLA leave, employees may use
    • Their annual leave; or
    • Their sick leave; or
    • Leave donated by other employees.
  • Compensatory time does not count toward the 12 weeks of FMLA to which employees are entitled.

Leave Accrual

  • While out on unpaid FMLA leave, New Mexico state employees do not accrue.
    • Annual leave; or
    • Sick leave.
FMLA laws in New Mexico

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