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COVID-19

HB 38 – Paid Family & Medical Leave Act

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New Mexico needs the Paid Family & Medical Leave Act (PFMLA).

The U.S. is the only wealthy nation without any national paid family or medical leave policy. (1) At some point, most New Mexico workers will need to take time away from work because of caregiving responsibilities or healthcare needs. PFMLA would create a program, administered by the state of New Mexico, to provide up to 12 weeks of paid leave for employees to welcome a new child, care for a family member with a serious health concern, or manage their own serious medical condition.

New Mexico workers should not face the loss of their livelihood because they need to take time away from work due to a health condition or family care-giving responsibilities. By passing the PFMLA, we can ensure economic security for New Mexico workers and communities.

How it works.

Beginning in 2023, the Department of Workforce Solutions will administer the Paid Family & Medical Leave Trust Fund. Employee and employer contributions will fund disbursements and administration.

Beginning in 2024, after contributing for at least six months and submitting an application to NMDWS, employees will receive a percentage of average weekly wages for up to 12 weeks. Self-employed individuals can opt into the program.

Employees and self-employed individuals will receive payments directly from the Trust Fund. During an employee’s leave period, employers will benefit from wage savings, which may be used to pay overtime wages for current employees, hire a temporary replacement, or to invest in other ways.

What it costs. What it provides.

*State Ave. Wage based on Bureau of Labor Statistics Occupational Employment Survey Annual Mean May 2019

Please help us pass the Paid Family & Medical Leave Act.

Endorsers Include:

AARP New Mexico Girls Inc. of Santa Fe
NM Public Health Association
Santa Fe NOW
AAUW-New Mexico NM Voices for Children
Fathers New Mexico NM Pediatric Society
OLE Education Fund
Interfaith Worker Justice NM
NM Center on Law and Poverty
Southwest Women’s Law Center
International District Healthy Communities Coalition
NM Religious Coalition for Reproductive Choice
HEAL+NM NOISE for NOW
Center for Civic Policy NM Women’s Agenda
Prosperity Works
NAPAWF Albuquerque Chapter
Respect NM Women

HB 38 -Paid Family & Medical Leave Act Protect workers. Support small businesses. Strengthen economic resilience.

PFMLA strengthens economic resilience and promotes equity.

In 2020, the pandemic and racial justice movement demonstrated the urgency of action. As a global outlier lacking paid leave, the U.S. workforce was especially vulnerable to COVID. One of U.S. Congress’s first acts in pandemic response was to pass the first legislation offering paid leave to private sector workers. This swift action demonstrates the critical role paid leave has in economic resilience, but the protections were limited and temporary. (2) States with existing PFML programs were better able to respond to pandemic-related claims than those relying solely on Unemployment Insurance systems. (3)

Paid Family and Medical Leave is a racial and gender justice issue. (4) PFML programs have been shown to address health disparities, close the racial wealth gap, and lessen the economic impacts of caregiving on women, especially in communities of color.

PFMLA protects workers.

Nine states and the District of Columbia have implemented PFML programs. Those state programs have demonstrated remarkable outcomes in reducing infant mortality, child abuse injuries, and nursing home usage, while improving parental physical and mental well-being. (5,6) People who take leave to address a serious health condition early in the disease are less likely to leave the workforce permanently due to disability. (4)

PFML programs are also effective in improving employee performance and engagement. (7) Studies show that employees who take paid leave are less likely to take sick leave when they return, more likely to be employed by the same business two years later, and more likely to report high morale and workplace satisfaction.

PFMLA supports small businesses.

Businesses that offer paid family and medical leave have a competitive advantage in recruiting and retaining top talent to their company. Large corporations are increasingly likely to offer private paid leave programs to attract and retain high-quality employees. (7) However, most of our home-grown businesses are too small to easily absorb the costs of offering paid family and medical leave programs.

Tech and media companies have been at the forefront of the paid leave revolution. Facebook, Netflix, and NBC Universal all offer generous paid leave benefits and are bringing those benefits to employees in their newly expanded operations in New Mexico. By committing to PFMLA, our state can take the burden off of small business owners, creating a safety net for them and their employees.

New Mexico is proud to offer entrepreneurs, start-ups, and small businesses an opportunity to innovate, experiment, and grow right here in the Land of Enchantment. PFMLA will support small business, improve recruitment and retention, and promote innovation to take business risks without fearing the loss of income if they or a loved one become unexpectedly ill.

References:
1. Pew Research Center. https://www.pewresearch.org/fact-tank/2019/12/16/u-s-lacks-mandated-paid-parental-leave
2. COVID-19 and the American Workplace. U.S. Department of Labor. https://www.dol.gov/agencies/whd/pandemic
3. Boyens, C. (2020). State paid family and medical leave programs helped a surge of workers affected by the COVID-19 pandemic. https://www.urban.org/research/publication/state-paid-family-and-medical-leave-programs-helped-surge-workers-affected-covid-19-pandemic.
4. National Partnership for Women and Families (2018). Paid family and medical leave: A racial justice issue and opportunity. https://www.nationalpartnership.org/our-work/resources/economic-justice/paid-leave/paid-family-and-medical-leave-racial-justice-issue-and-opportunity.pdf.
5. Klevens J, Luo F, Xu L, Peterson C, Latzman NE. Paid family leave’s effect on hospital admissions for pediatric abusive head trauma. Inj Prev. 2016 Dec;22(6):442–5. 6. Gassman-Pines A, Ananet EO. Paid Family Leave in North Carolina: A Cost Benefit Analysis. https://duke.app.box.com/s/9wti16byhdyyz6k99ri2yib3ttlprgl8
7. 2019 Paid Family and Medical Leave Storybook. Main Street Alliance. https://www.mainstreetalliance.org/2019_pfml_storybook1.

Download HB 38 Fact Sheet

HB 44 – UNEMPLOYMENT COMPENSATION RESTRICTION CHANGES

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The pandemic leaves many New Mexicans with impossible choices between protecting their health and meeting basic needs.

This bill amends the Unemployment Compensation Law to respond to the current public health emergency with provisions to temporarily expand Unemployment Insurance eligibility. These provisions protect workers who are unable to work due to conditions related to the pandemic.

WHAT’S THE NEED?

The COVID-19 pandemic has impacted nearly every part of New Mexican’s lives. Health, education, family responsibilities, employment, and so much more have been disrupted by this public health crisis. We owe it to NM residents to do all we can to mitigate those impacts.

HOW DOES COVID-19 IMPACT EMPLOYMENT?

COVID-19 threatens employment in several ways:

  • Workplaces are forced to close or reduce the number of people working at individual worksites due to public health orders issued to protect the health of customers and essential workers, particularly when working at home is not an option.
  • Employees may be required to quarantine after exposure or diagnosis of COVID-19.
  • Some workers will be unable to return to work safely during the public health emergency because of underlying health conditions that make them more susceptible to COVID-19.
  • Some workers need to care for a family member who has been diagnosed and/or who is seriously ill with COVID-19.
  • COVID-related childcare and school closures prevent working parents from working or seeking work.

WHO IS IMPACTED?

  • Women, especially women of color, have been most impacted by the COVID-19 recession. (1) With a higher concentration of jobs in the hard-hit service industry and more caregiving responsibilities for both children and elders, women have borne the brunt of COVID-related job and income loss.
  • In the most recent U.S. Census Household Pulse Survey, NM adults living in households with children under 17 reported the following: (2)
    • 58% reported a loss of income since March 13, 2020;
    • 87% reported not receiving any pay for time not working;
    • 51% reported difficulty managing regular household expenses during the last week; o 20% reported difficulty getting enough food to eat in the last week (up from 15% pre-pandemic).
  • Each year, 419,000 New Mexicans provide unpaid caregiving for elders. (3)
  • New Mexicans face higher than average rates of pre-existing conditions that make them more susceptible to COVID-19. (4)

FEDERAL EMERGENCY PROVISIONS ARE NOT ENOUGH FOR NM WORKERS.

HB 44 – UNEMPLOYMENT COMPENSATION RESTRICTION CHANGES

  • Families First Coronavirus Relief Act (FFCRA) offered limited emergency paid sick and paid family leave protections for workers impacted by COVID-19, but those limited protections expired on December 31, 2020 (5)
  • The Coronavirus Relief & Omnibus Agreement extends Pandemic Unemployment Insurance (PUA) protections to workers who would usually be ineligible, including independent contractors, (6)
  • The Coronavirus Relief & Omnibus Agreement also reauthorizes $300 supplemental benefits for those receiving Unemployment benefits from December 26, 2020 through March 14, 2021. The 13 week extension of UI benefits, offered in CARES Act, have now expired. (6)

WHAT TO KNOW

  • This temporary expansion of eligibility criteria for Unemployment Insurance will fill the gaps left by federal policy and ensure that New Mexicans can maintain economic stability during the COVID-19 pandemic.
  • The bill would offer temporary protections for individuals unable to participate in the workforce due to:
    • Exposure to or diagnosis of COVID-19;
    • Need to provide care to a family member diagnosed with COVID-19;
    • An underlying medical condition that makes an individual more susceptible to COVID-19;
    • A COVID-19 related workplace closure;
    • Child care being unavailable due to COVID-19.
  • Most Federal provisions expired on December 31, 2020. Those that were extended are still set to expire by March 14, 2021. However, we expect that COVID-19 will impact economic stability throughout the declared public health emergency. This bill would provide relief to New Mexico families until January 1, 2023.

PLEASE HELP US PASS TEMPORARY ELIGIBILTY EXPANSION FOR UI!

Endorsed by:
NM Voices for Children Fathers NM
OLÉ Education Fund
NM Public Health Association Respect NM Women
Endorsed by: Southwest Women’s Law Center
NM Center on Law & Poverty
NAPAWF – Albuquerque Chapter HEAL+NM
NM Religious Coalition for Reproductive Justice
Professional Business Women of New Mexico
Center for Civic Policy Interfaith Worker Justice NM NOISE for NOW

References:
1. Karageorge, E.X. (2020). COVID-19 recession tougher on women. U.S. Bureau of Labor Statistics. Accessed January 5, 2021. https://www.bls.gov/opub/mlr/2020/beyond-bls/covid-19-recession-is-tougher-on-women.htm
2. KIDS COUNT Data Center from the Annie E. Casey Foundation. Accessed January 4, 2021. https://datacenter.kidscount.org/data#NM/2/0/char/0/271
3. NM Aging and Long-term Care Department. Caregivers. Accessed June 12, 2020. https://www.nmaging.state.nm.us/caregivers.aspx
4. Gallagher L. The State of Health in New Mexico 2018. Published 2018:103.
5. COVID-19 and the American Workplace | U.S. Department of Labor. Accessed January 4, 2021. https://www.dol.gov/agencies/whd/pandemic
6. U.S. Department of Labor. Continued Assistance for Unemployed Workers Act of 2020 (Continued Assistance Act) – Summary of Key Unemployment Insurance (UI) Provisions. Accessed January 4, 2021. https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=3831

Download HB 44 Fact Sheet

For questions or comments, please contact the Southwest Women’s Law Center: 505-604-3243 or info@swwomenslaw.org

Lovelace Women’s Health screening is discriminatory against Native Americans mothers and babies and the State should investigate

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The Southwest Women’s Law Center is committed to addressing systemic inequities and protecting all reproductive rights, including informed birthing choices, for New Mexico’s women and girls. A New Mexico In Depth report recently brought to light allegations of a secret policy at Lovelace Women’s Hospital that has unfairly singled out Native American mothers for COVID-19 testing, leading to the separation of Native mothers from their newborns during the immediate postpartum period. This critical developmental period is essential for new mothers to bond with their babies, establish their breastfeeding relationship, and develop secure attachment. The World Health Organization affirms that closeness between mother and baby during this early period should be supported even when the mother is COVID-19 positive. This is particularly important for communities that have experienced historical trauma, including violence, inequities, non-consensual medical procedures, and children being separated from their families. 

For centuries, Native American communities have faced injustices and systemic racism that have contributed to health disparities, including the current disparate impacts of COVID-19. Now we learn that Lovelace has unjustly and systematically disrupted the critical postpartum experience for Native American mothers and newborns through racial profiling in the midst of a pandemic. Although this policy is reportedly intended to limit the spread of COVID-19, it is clear that Native American mothers are being targeted based on their appearance and zip code. This “racial red- lining” is unacceptable, discriminatory, and a violation of medical ethics. We call upon the Governor’s office to investigate this policy and its impact on Native American families. Not only is this a continuation of long-standing injustices perpetrated against indigenous women, but this also harms future generations as the first crucial moments of their new lives are already being impacted by unjust and racist policy. We stand with Native American Mothers and with all mothers of color who face these continuing injustices. If you are a mother who has been impacted by Lovelace Women’s Hospital’s COVID-19 policy of separating mothers and newborns based on their race and home zip codes please contact the Southwest Women’s Law Center for assistance at 505.244.0502 or info@swwomenslaw.org.

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