New Mexico Crime Victims

Victims of Domestic or Sexual Violence Leave - N.M. Stat. 50-4A-3

Covered Employers: All Employers

Employee Eligibility: All Employees

Entitlement: Leave of absence of up to 14 days in any calendar year, for the following related to domestic abuse suffered by the employee or a family member of the employee:

  • to obtain an order of protection or other judicial relief from domestic abuse

  • to meet with law enforcement officials

  • to consult with attorneys or victims' advocates

  • to attend court proceedings

Can be used intermittently. Employees can take up to 8 hours of leave in a day.

Employer Notice: Yes. If the leave is taken in an emergency, the employee or the employee's designee must give notice to the employer within 24 hours of the start of the leave.

Employee Notice: Not specified

Obligation to provide certifications or other supporting documents: An employer may require verification of the need for leave. Employee must provide verification in a timely fashion.

Paid: An employee who needs to use this leave may use any paid accrued time off available to them consistent with the employer's policies.

Benefits: Yes

Reinstatement: Not specified. However, retaliation against an employee for using domestic abuse leave is prohibited. "Retaliation" means an adverse action against an employee, including threats, reprisals or discrimination for engaging in the protected activity of taking domestic abuse leave.

Relationship with other leave: Not specified

Absence Specifications

Concurrency

  • Only concurrent with Federal FMLA if there is an injury or illness that is an FMLA qualified event

Intake Trigger

  • Personal Protected Leave

Employer Eligibility requirements

  • All employers

Employee Eligibility requirements

  • 0 hours worked

  • 0 months of employment

Length of time provided

  • 14 days Per 12 months

Calendar Type

  • Default to same as FMLA. Can be configured by customer