46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO EMPLOYMENT; REQUIRING THAT EMPLOYERS PERMIT EMPLOYEES TIME OFF FOR PARENTING ACTIVITIES; ENACTING A SECTION OF THE NMSA 1978; DECLARING AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. A new section of Chapter 50, Article 4 NMSA 1978 is enacted to read:

"[NEW MATERIAL] TIME OFF FOR RESPONSIBLE PARENTING--LEAVE WITHOUT PAY.--

A. An employer shall allow an employee who is a parent to take time off in the form of leave without pay no fewer than twenty-four hours per year, to be taken in one hour or greater increments, to attend or participate in school activities directly related to the education of the employee's child or to accompany the employee's child to routine medical visits.

B. An employee shall give an employer notice, either verbally or in writing, of the employee's intent to take leave without pay pursuant to this section. The notice, whenever possible, shall be given at least five working days prior to the date of leave. In the case of an emergency, the leave without pay may be requested as soon as the employee becomes aware of the emergency situation requiring the employee's absence from work.

C. As used in this section:

(1) "child" means a natural, adopted, foster or otherwise dependent child, or a ward, eighteen years or younger, who is enrolled in a public or private school or who is twenty-two years of age or younger and enrolled in a special education program pursuant to state law;

(2) "medical visit" means a visit with a health care professional licensed to provide services in New Mexico; and

(3) "parent" means a natural, adoptive, step- or foster parent or a guardian."

Section 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.