All polices that cover leave [vacation, sick time, Family and Medical Leave Act (FMLA), maternity leave, short-term and long-term disability] need to be developed together so that it is clear which time is used first, when absences are paid. Currently, there are no legal requirements for paid sick leave. The FMLA does require unpaid sick leave for companies subject to this law (generally, companies with 50 or more employees).
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
New Mexico Sick Day Provisions for Personnel or Employee Manual or Handbook: Everything You Need to Know Introduction: In the state of New Mexico, employers are required to comply with sick day provisions outlined by the New Mexico Sick Leave Act (NM SLA). Understanding the intricacies of these provisions is crucial when drafting personnel or employee manuals and handbooks. This comprehensive guide aims to provide a detailed description of the sick day provisions under the NM SLA, ensuring compliance and fostering a healthy work environment. Types of Sick Day Provisions: 1. Accrual Method: Under this provision, employees are entitled to accrue a certain number of paid sick leave hours based on the number of hours they have worked. For businesses with fewer than ten employees, the accrual rate is a minimum of one hour of sick leave for every 30 hours worked, up to a maximum accrual of 24 hours per year. For businesses with ten or more employees, the accrual rate is one hour for every 20 hours worked, up to a maximum accrual of 56 hours per year. 2. Front loading Method: Employers can choose to front load sick leave hours at the start of each year rather than relying on accruals. Businesses can provide a lump sum of sick leave hours to employees based on the size of the workforce. This method ensures all employees have access to sick leave immediately and simplifies tracking and administration for employers. 3. Carryover and/or Payout: Employees may be allowed to carry over unused sick leave hours from one year to the next, subject to certain limitations set by the NM SLA. Employers can also opt to pay employees for unused sick leave hours at the end of the year, providing monetary compensation for the accrued and unused time. It is essential to clearly define the carryover and payout policies in the personnel or employee handbook to avoid any confusion or misinterpretation. 4. Protected Uses of Sick Leave: Employees can utilize sick leave for various purposes legally protected by the NM SLA, including their own or a covered family member's physical or mental illness, seeking medical diagnosis or treatment, preventative care, closure of a workplace by public officials for health reasons, and domestic violence-related issues. Employers must explicitly state these protected uses to ensure employees understand their rights. 5. Documentation and Notice: The NM SLA allows employers to require reasonable documentation for absences exceeding three consecutive working days. Employers may define the acceptable documents, such as medical notes, a statement from a healthcare provider, or other supporting evidence. Employers should also specify the notice requirements for employees to provide when using sick leave, noting any advance notice obligations and the preferred method of notification. 6. Anti-Retaliation and Enforcement: Employers must include in their personnel or employee handbook provisions stating that retaliation against employees for using accrued sick leave is strictly prohibited. Employees must feel confident in exercising their rights to utilize sick leave without fear of adverse employment actions. This section may also cover information on enforcement mechanisms and remedies, including access to the New Mexico Department of Workforce Solutions for addressing potential violations. Conclusion: Crafting a comprehensive sick day provision in the personnel or employee manual or handbook is vital for New Mexico employers. By incorporating the various types of sick day provisions, outlining protected uses, and establishing clear guidelines on documentation, notice, anti-retaliation, and enforcement, employers can uphold the rights of their employees while maintaining a healthy and productive work environment.
