Supporters, including governor, vow to bring back paid family and medical leave

By Daniel J. Chacón, The Santa Fe New Mexican

Supporters of a proposal to establish a paid family and medical leave program in New Mexico gathered Thursday in the Capitol’s Rotunda to deliver a message about its failure. They’re bringing it back next year with backing from Gov. Michelle Lujan Grisham. “We have come closer to the finish line than we ever have,” said Rep. Christine Chandler, a Los Alamos Democrat who has been pushing for paid family and medical leave since taking office in 2019. “We all know in this Rotunda that transformational change is difficult, but it can happen, and it will happen,” she said. “We plan on pursuing it next year as vigorously as we did this year, and we will continue to do so until this becomes the public policy of the state of New Mexico.”

Senate passes Paid Family and Medical Leave bill

The state Senate passed the Paid Family and Medical Leave bill that would enable employees to take up to 12 weeks of paid time off for health emergencies and certain other claims.

SB 11, sponsored primarily by Senate Pro Tem Mimi Stewart, D-Albuquerque, seeks to allow an employee to take paid time off for a major health issue, to care for a family member with a major health issue, to care for a new child and in the event of domestic violence, stalking or sexual assault.

The bill passed the Senate on a 23 to 15 vote. The state Department of Workforce Solutions would administer the program. Employees would pay $5 for every $1,000 of income and employers with five or more employees would pay $4 for every $1,000 of income. When taking the paid leave, the employee who makes more than minimum wage would not receive their entire salary but a percentage of it. Stewart said this creates an incentive for the employee to get healthy and get back to work as quickly as possible.

Paid Family and Medical Leave bill heads to Senate Finance Committee next

The Paid Family and Medical Leave bill cleared its first committee hearing by a 6-2 party line vote. The bill, SB 11, would allow employees to take up to 12 weeks of paid leave for a serious medical condition, to care for a family member with a serious medical condition or to welcome a new child. The bill passed with several amendments that bill sponsor, state Senate Pro Tem Mimi Stewart. D-Albuquerque, brought to the Senate Tax, Business and Transportation Committee at the start of the hearing. One amendment clarifies that an employer can’t pass a portion of their premium onto their employees, another makes sure an employee’s medical privacy is protected while providing the employer with necessary information about their leave and another amendment adds two representatives from labor organizations to a Department of Workforce Solutions’ advisory board during rulemaking and implementation of the act, Stewart said.

Legislators hope to pass Paid Family Medical Leave Act in this year’s session

The Paid Family and Medical Leave bill seeks to provide up to 12 weeks of paid time off for employees who request it for a serious medical condition, caring for a family member with a serious medical condition or welcoming a new child. If the bill is enacted, it will be a state-run program and will be managed by the Department of Workforce Solutions. Both employees and some employers will contribute to a state-managed fund that will, in time, pay for itself and provide the funds necessary to pay workers a portion of their wages if they require paid time off for family or medical leave. The cost to employers would be about $4 for every $1,000 of wages while the cost for employees would be $5 for every $1,000 of wages. The formula for benefits is 100 percent of minimum wage plus 67 percent of wages above minimum wage, Tracy McDaniel, policy advocate for Southwest Women’s Law Center, said.

Legislature expected to consider Paid Family & Medical Leave bill in 2023

A bill likely to come before the New Mexico Legislature next session will be another run at passing a state-run Paid Family and Medical Leave program into law but in 2023, the program will have some concessions to businesses as well as new expansions. Tracy McDaniel, policy advocate for Southwest Women’s Law Center, said a bill is expected to be introduced in  the 2023 legislative session. A Paid Family and Medical Leave bill failed in the 2020 and 2021 Legislatures. The 2022 Legislature passed a Senate Memorial to create a task force that would deliver a report on the issue and arrive at some compromises with the business community. A Paid Family and Medical Leave bill would provide up to 12 weeks of paid time off for employees who request it for a serious medical condition, caring for a family member with a serious medical condition or welcoming a new child.

A memorial to study paid family medical leave impacts goes to House floor next 

A memorial that is part of a longer strategy to introduce a bill in next year’s legislature for paid family and medical leave passed 7-2 largely along party lines in the House Labor, Veterans and Military Affairs Committee. House Memorial 3, sponsored by state House Rep. Linda Serrato, D-Santa Fe, asks for a $160,000 appropriation to establish a task force comprised of 16 stakeholders to study the effects of paid family and medical leave in the state. The New Mexico Department of Workforce Solutions would oversee the task force. If a paid family medical leave bill is introduced and passed and signed in 2023, the implementation of the law would fall under the Department of Workforce Solutions, Tracy McDaniel, policy advocate for Southwest Women’s Law Center, told NM Political Report. Creating paid family medical leave in the state is an equity issue because women of color often live in multi-generational households, she said.

A poll shows majority support for a paid family and medical leave insurance program

A poll taken this fall shows that New Mexican voters are in favor of a state-supported paid family and medical leave program. A group of Democratic representatives, led by state Rep. Christine Chandler of Los Alamos, have sponsored a bill to establish such a program in the last few legislative sessions but the bills failed to make it through. The bill would have established a fund that both employers and employees pay into that could then be tapped for up to 12 weeks in the event of certain exigencies, such as a new child’s arrival. Related: Paid Family and Medical Leave bill clears House Judiciary Committee

The poll found that 77 percent of New Mexico voters support a state-supported paid family and medical leave insurance program. The number of supporters increased to 81 percent when the voters were told that such a plan would cost workers $2 to $6 per week, according to the poll results.

Paid Family and Medical Leave bill clears House Judiciary Committee

The Paid Family and Medical Leave bill passed the House Judiciary Committee along party lines in an 8 to 2 vote Saturday. HB 38, sponsored by House Representatives Christine Chandler, D-Los Alamos and Patricia Roybal Caballero, D-Albuquerque, was amended by committee to clean up some of the language. The amendment also exempted railroad employees because of a federal law and inserted language that would prevent counties and municipalities from enacting their own paid family and medical leave ordinances, Chandler said. Chandler said she had many meetings with the business community and chambers of commerce to understand their concerns about the bill and the amendment reflected those conversations. Despite that, many business groups spoke in opposition to the bill during public comment.

Paid Family and Medical Leave Act passes House committee

A bill that would create a state-administered fund to begin providing up to 12 weeks of paid family medical leave starting in 2024 passed the House Commerce and Economic Development Committee Monday. HB 38, the Paid Family and Medical Leave Act, received bipartisan support and passed with an amendment. State Rep. Kelly Fajardo, R-Los Lunas, cast a yes vote, along with all six of the Democrats in the committee. Republican committee members expressed concern about the bill’s potential effects on the state’s small business owners. State Rep. Jane Powdrell-Culbert, R-Corrales, said she was concerned about the timing of the bill.

Two bills addressing paid sick leave will be rolled into one bill

After four hours of testimony on two bills that address paid sick leave, House Labor, Veterans and Military Affairs asked the sponsors of both bills to work to roll them into one. The two bills, HB 20  and HB 37, both mandate that employers in the state offer paid sick leave that employees would accrue over a 12-month period, but HB 20 would establish a tiered system of paid time off based on the amount of workers an employer has. For example, employees at a business or organization with fewer than 10 workers would be allowed to earn up to 40 hours of earned sick leave. But employees who work for an employer with 10 or more workers could accrue up to 64 hours of earned sick leave within a 12-month timeframe. State Rep. Christine Chandler, D-Las Alamos, is the lead sponsor of HB 20.