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Paid Family & Medical Leave Act

BREAKING: Paid Family and Medical Leave Act Introduced in 2023 NMLEG

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FOR IMMEDIATE RELEASE

Monday, January 30, 2023

Contact: Isaac De Luna | isaac@semillastrategies.org | 505.917.5501

New Mexico Legislators Introduce Paid Family and Medical Leave Act

Santa Fe, NM – Today, the Paid Family and Medical Leave Coalition is celebrating the introduction of the Paid Family and Medical Leave Act (PFMLA) at the 2023 New Mexico Legislature, sponsored by State Sen. Mimi Stewart, Sen. Michael Padilla, Rep. Christine Chandler, Rep. Lisa Serrato, and Rep. Patricia Roybal Caballero.

The PFMLA would establish the Paid Family & Medical Leave (PFML) Fund, administered by the New Mexico Department of Workforce Solutions (NMDWS). The Fund would be paid for through employee and employer contributions. Individuals who need to take a longer period of time away from work to manage certain kinds of medical and family issues would apply to NMDWS to receive a percentage of their salary, ensuring that no New Mexican has to choose between their health, their family, and their income.

“Research shows that companies that provide paid family leave tend to have lower absenteeism, increased productivity and improved employee morale, which all results in a positive impact on the bottom line,” said Sen. Stewart. “This legislation will also attract businesses to our state and help retain businesses already in our state, as it will show that New Mexico is a state that values and supports its workforce.”

The legislation would provide a level playing field for New Mexico businesses, particularly small businesses which are struggling to compete with companies that can afford to provide their own internal PFML program. The current version of this bill exempts 66% of New Mexico employers with less than five employees, while still providing the benefits of the programs to these small business employees. 

“The proposed Paid Family and Medical Leave Act would be implemented through a shared-cost model, where employees will pay 0.5% of wages, and employers with more than five employees will pay 0.4% of wages,” said Sen. Padilla. “Employers with fewer than five employees will be exempted from contributing to the fund while still providing the benefits of the programs to their employees. This means that businesses will not be burdened with extra cost by implementing this policy.”

Currently, 11 states—California, Colorado, Connecticut, Delaware, Massachusetts, Maryland, New Jersey, New York, Oregon, Rhode Island, and Washington—and the District of Columbia offer paid family and medical leave.

Recent studies also 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. PFML programs have also shown to be effective in improving employee performance and engagement. Recent 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.

“This law will help our small businesses better compete in the hiring market,” said Rep. Christine Chandler. “Without the state’s support, many small businesses can’t afford to offer Paid Family and Medical Leave, which is important for attracting and retaining talented workers, improving employee morale, and boosting our state’s economy.”

According to an October 2021 poll commissioned by the Southwest Women’s Law Center, on behalf of the ‘PFML Coalition,’ 77% of voters surveyed across the state stated they support the creation of a family and medical leave program.

“Paid family leave will give small businesses a competitive advantage as they grow and keep talent, and provide economic security to small business owners and hundreds of thousands of working families in New Mexico,” said Rep. Serrato. “It will be life-changing as we welcome new members to our families and care for their needs as we grow together.”

Paid family and medical leave is proven to support small businesses by decreasing employee turnover, a situation that creates a real cost to businesses in the form of lost productivity, depleted team morale from the additional workload and the loss of a colleagues, damaged brand, and all of it leading to possibly even more turnover.

“As a single mother, I had to work two jobs just to make ends meet and I could not imagine getting ill because I had no paid medical leave. So, I firmly believe that no one should have to choose between their job and their family,” said Rep. Roybal Caballero. “This legislation will provide much-needed support to working families in New Mexico so they have the time they need to take care of their loved ones without worrying about losing their livelihood.”

The Paid Family and Medical Leave Act was introduced as Senate Bill 11 and will be heard in the Senate Tax, Business & Transportation Committee, and the Senate Finance Committee.

The following are reactions from other members of the Paid Family and Medical Leave Coalition from across New Mexico:

“Across New Mexico, family caregivers help their older parents, spouses or other loved ones, live independently at home – most while juggling a full or part-time job,” said Dr. Joseph Sanchez, AARP New Mexico State Director. “Paid Family and Medical leave would allow family caregivers, often already under a financial strain, to take time off to care for a loved one without fear of losing their pay – or in some cases, their employment all together. AARP urges lawmakers to vote in favor of this important legislation,” – Othiamba Umi, Associate Director of AARP New Mexico.

“PFML is an investment in the future of our state by supporting our Common Good and working families willing to take on the enormous responsibility and cost of raising the next generation of New Mexicans while so many are also caring for their aging parents.”

– The Rev. Dr. Holly Beaumont, Organizing Director, Interfaith Worker Justice – NM

“Small businesses want to offer competitive benefits in order to attract and retain a workforce,” said Awesta Sarkash, Public Policy Director at Small Business Majority. “But without a state-run paid family and medical leave program, it can be hard to do so. That’s why it’s important that the Legislature pass this bill so that New Mexico’s smallest businesses can afford to offer benefits that their employees need and level the playing field.”

“PFMLA is an important opportunity to improve the health and well-being of families by creating a flexibility to take care of issues that arise unexpectedly. It’s a pressing public health issue that can be taken care of by our legislators,” says Enrique Cardiel, Executive Director of the Health Equity Council.

“Many people with Multiple Sclerosis have suffered a loss of motor skills and need assistance for daily life activities. For that same reason, many people who have MS rely on a family member who can care for them. It is reassuring for people with MS to know their caregivers’ place of employment also will support their efforts,”– Dominic Braham, Senior Manager of Advocacy for National Multiple Sclerosis Society.

“The health and well-being of New Mexico’s families is one of the most important factors influencing the success of our state’s students, in school and in life.  PFML is a critically important step we can take to improve student success!” Charles Goodmacher, Do Good LLC Government Relations.

“As people of faith, we are called to care for the sick, to seek justice for the marginalized, and to support the health and well-being of our families. Passing PFML is vital to us being able to live out our calling in the state of New Mexico. NMRCRC stands in full support of this bill, and we ask lawmakers to join us in this support.” Rev. Bethany Meier-Evans, Clergy and Congregational Advocacy Organizer for New Mexico Religious Coalition for Reproductive Choice.

“Paid family and medical leave is an essential tool for promoting gender equity in the workplace. This is because women are more likely to take time off for family caregiving than men, and without paid leave, they are more likely to experience career interruptions, reduced earning potential, and increasing potential for discrimination in the workplace. This is especially true for low-income women, who are disproportionately likely to work in jobs without paid leave,” – Terrelene Massey, Executive Director, Southwest Women’s Law Center.

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The Paid Family & Medical Leave (PFML) Coalition represents 40 organizations committed to ensuring that all New Mexicans have access to a state-administered Paid Family and Medical Leave program. These organizations serve a broad swath of those most impacted by the lack of PFML, including communities of color, low-wage workers, immigrant families, pregnant and lactating people, fathers, unpaid caregivers, elders, people with disabilities, LGBTQ+ families, young children, women, single parents, multigenerational households, and entrepreneurs.

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Tracking Paid Family Medical Leave for New Mexico

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“The time has come for New Mexico to get this bill passed and join the eleven other states with paid family and medical leave. We’ve worked together with the business community to ensure that their concerns over timing and the impact on small businesses have been addressed, and now have a proposal I believe will benefit everyone. With paid family and medical leave in place, more people will stay employed, productivity and workplace safety will improve, and better economic security for more workers and communities throughout the state will come as a result,”

State Senate President Pro Tempore Mimi Stewart, D-Albuquerque
via NM Political Report

Learn more about the status of PFML for New Mexico:
Paid family and medical leave proposal returning to NM Legislature: Measure would allow workers to take leave and keep their jobs via Source NM

Legislature expected to consider Paid Family & Medical Leave bill in 2023 via NM Political Report

Paid Family & Medical Leave is About Valuing Family via NMSU KRWG

Legislators hope to pass Paid Family Medical Leave Act in this year’s session via NM Political Report

Paid Family and Medical Leave is not a partisan issue via NMSU KRWG

New Polling Data Shows that New Mexico Voters Overwhelmingly Support the Creation of a Paid Family and Medical Leave Insurance Program

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FOR IMMEDIATE RELEASE: November 17, 2021
CONTACT: Terrelene Massey, Email, 505-244-0502

ALBUQUERQUE, NM – The Southwest Women’s Law Center (SWLC) and the Paid Family & Medical Leave (PFML) Coalition have released the results of a recent poll showing a large majority of New Mexicans are supportive of a state-administered Paid Family & Medical Leave program.

Since 2016, the PFML Coalition, convened by the SWLC, has worked with legislators to advocate for the passage of the Paid Family & Medical Leave Act (PFMLA). In 2021, PFMLA was sponsored by Representatives Christine Chandler, Patricia Roybal Caballero, and Linda Serrato. The PFMLA would establish a Paid Family & Medical Leave Trust Fund to be administered through the NM Department of Workforce Solutions. The PFML Trust Fund would be supported through employee and employer contributions and provide up to 12 weeks of compensation for a qualifying event. Qualifying events include:

  • Bonding with a new child
  • Managing a serious health condition requiring treatment by a medical provider
  • Caring for a family member with a serious health condition
  • Exigencies arising out of family member being on active-duty military service
  • Certain events related to domestic violence, sexual assault, or stalking

SWLC, on behalf of the PFML Coalition, commissioned Change Research, a public opinion polling company, to conduct an online poll of 750 registered voters statewide from October 10-13, 2021, using its Dynamic Online Sampling to attain a sample reflective of the electorate.

The polling data clearly shows that NM voters of all types strongly support a proposal for 12 weeks of paid leave and will support legislators who vote to pass such a proposal.

Key findings from the survey include:

  • More than three-quarters (77%) support the creation of a family and medical leave insurance program that would ensure up to 12 weeks of partially paid leave for employees to welcome a new child, care for a family member with a serious health concern, or to manage their own serious health condition. A majority (55%) strongly support this program while only 18% are opposed.
  • This proposal is supported by every group in the electorate regardless of gender, age, ethnicity, political party, or region of the state.
  • When voters hear that the cost of this program to workers would be only $2 to $6 per week, support expands to 81%.
  • Elected officials who support this proposal will strengthen their position with voters and will undermine it if they vote against it. Overall, 55% of voters say they would be more likely to vote for a candidate for elected office who supports this proposal. Just 18% indicate they would be more likely to vote for someone else. Likewise, a majority (55%) say they would be more likely to vote for someone else if a candidate opposes this proposal.
  • Among respondents who identified as self-employed, contractors, or business owners, 71% are supportive of establishing a state-administered Paid Family & Medical Leave program.

It is clear from this polling data that New Mexico voters are overwhelmingly supportive of the passage and implementation of the Paid Family & Medical Leave Act. It is time for the legislature and the Governor to act to ensure that New Mexico workers no longer face the loss of their livelihood due to a health condition or family caregiving responsibilities.

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Review Paid Leave Poll: New Mexico Voters

Download PDF Press Release


The Southwest Women’s Law Center (SWLC) is a non-profit legal advocacy organization founded in 2005. The Center is based in Albuquerque, New Mexico and serves women in the entire state.

Op-Ed: Paid family and medical leave is an investment in New Mexico’s future

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Tracy McDaniel
Southwest Women’s Law Center
Las Cruces Sun News

In the last few years, Southwest Women’s Law Center has led a coalition advocating for the passage of Paid Family and Medical Leave Act in the New Mexico state legislature. PFMLA would create a state-administered trust fund that ensures that no one has to choose between their job and caring for a new child, a family member with a serious health concern, or their own serious medical condition.

Last year, the Doña Ana County Early Childhood Education Coalition, a part of the prenatal to career education initiative called the SUCCESS Partnership, joined a growing number of organizations, individuals, and small business owners asking the state to make this critical investment in working families. Bringing Paid Family & Medical Leave to New Mexico is a goal of the Children Born into Healthy Homes Action Network, and the reasons are clear.

In states with PFML programs, families who take paid leave to welcome a new child have better outcomes. PFML programs have been found to decrease child abuse injuries and infant mortality, increase vaccination and breastfeeding rates, and improve the physical and mental health of parents during the first two years of life.

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Read Full Article on LC Sun News

Why the governor and legislature should support the Paid Family & Medical Leave Act

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To the editor:
The COVID-19 pandemic has brought into sharp focus the ways in which U.S. workers struggle to balance work, health, and family obligations. This is particularly true for women, especially women of color, who have left the workforce at shocking rates in the last year, including 275,000 American women in January 2021 alone. We can and must find ways to help New Mexicans create balance between work obligations and caring for their health and their family.


If passed and signed into law, the Paid Family & Medical Leave Act (HB38) would create a state-administered trust fund that ensures that no one has to choose between their job and caring for a new child, a family member with a serious health concern, or their own medical condition. After an initial investment of $30 million dollars for start-up costs, which will be repaid to the state within the first five years of the program, employee and employer contributions will fund compensation payments and administration of the fund.


How will this work? After contributing to the fund for at least six months and submitting an application to the Department of Workforce Solutions, workers will receive a percentage of their average weekly wages for up to 12 weeks of leave. Self-employed individuals can opt into the program. Employees and self-employed individuals will receive leave compensation 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.


The costs for each worker are modest with a full-time minimum wage worker ($21,840 annual salary) paying only $109.20 annually and their employer paying $87.36 annually. For the average wage in New Mexico ($47,040 annual salary), the worker will pay $235.20 annually and the employer will pay $188.16 annually.


Both employers and workers will benefit from PFML programs. Employers who offer PRML have a competitive advantage in hiring and retention. PFML programs are effective in improving workers performance and engagement. Workers who take paid leave are more likely to be employed by the same business two years later, less likely to take sick leave when they return to work, and more likely to report high morale and workplace satisfaction. Like the public sector in New Mexico, large corporations understand this competitive edge. These corporations are increasingly likely to offer private paid leave programs to attract and retain high-quality workers. However, few of our homegrown New Mexico businesses are large enough to easily absorb the costs of offering this benefit.


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. Because of the economic downturn, HB38 proposes a delayed implementation timeline with more than two years to begin rolling out the program. The delayed implementation timeline recognizes both the economic realities facing New Mexico and the urgency of the moment.


Terrelene Massey, Executive Director
Southwest Women’s Law Center
Albuquerque

Download Editorial via Gallup Independent:

OP-ED-Gallup-independentDownload

My View Tracy McDaniel: Paid Family and Medical Leave Can’t Wait

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By Tracy McDaniel
Feb 28, 2021

COVID-19 made clear that U.S. workers struggle to balance work, health, and family obligations. This is particularly true for women, especially women of color, who have left the workforce at alarming rates in the last year, including 275,000 American women in January alone. This exodus of women from the workplace is due in large part to the conflict between work and caregiving. We can and must find ways to help New Mexicans balance work obligations and caring for their health and their families.

The U.S. has struggled to cope with the economic realities of the pandemic in ways that other countries have not. One significant reason for this difference is the lack of support for workers who are suddenly unable to participate in the workforce due to health-related or caregiving concerns.

Among wealthy nations, the U.S. stands alone in its failure to ensure paid sick leave and paid family leave to workers.

As one of their first acts in response to COVID-19 in March, members of the U.S. Congress enacted temporary paid sick and paid family leave. While leaders in other countries were working to address the myriad issues related to the economic and public health crises, Congress was caught debating paid leave measures that have been guaranteed to workers elsewhere around the world for years. The provisions they passed were temporary, limited and have since expired.

Guaranteed paid leave has been replaced with a temporary tax credit for employers who choose to provide leave. Because of the limited reach and voluntary nature of these provisions, many New Mexicans have been unable to access this support.

While limited in their reach among New Mexicans, this series of rushed temporary measures at the federal level have demonstrated that paid leave policies are necessary to an economy’s ability to respond, adapt and bounce back from major financial and public health disruption. Based on an Urban Institute analysis, states with existing paid family and medical leave programs were better able to respond to pandemic-related claims than those relying solely on unemployment insurance systems.

If New Mexico had a such a program in place before the pandemic, our economy and our communities would have suffered less from coronavirus-related hardships. We now have the opportunity to create systems that support future economic resilience for New Mexico.

The state Legislature currently is considering House Bill 38, which would create the Paid Family and Medical Leave Trust Fund administered through the Department of Workforce Solutions. After six months of contributions, individuals would be able to receive leave compensation from the trust fund to take up to 12 weeks away from work to welcome a new child, manage a serious health condition or care for a family member with a serious health condition.

Because of the economic downturn, HB 38 proposes a delayed implementation timeline with more than two years to begin rolling out the program. The delay recognizes both the economic realities facing New Mexico and the urgency of the moment.

In the face of an unprecedented crisis last spring, precious time was wasted at all levels of government, scrambling to deal with a problem that other countries have already solved. We must support workers and ensure economic stability. A paid family and medical leave policy is imperative to our economic security at the individual, community, state and national level. For New Mexico to be ready for the next emergency and to protect everyday workers experiencing caregiving needs and health conditions, we must act now to enact paid family and medical leave.

Tracy McDaniel is a policy advocate with Southwest Women’s Law Center. She has been working to improve
outcomes for young children and families in New Mexico since 2009.

Read on Santa Fe Reporter