Bereavement Leave in New Mexico
No state law requires bereavement leave in New Mexico
New Mexico has no state law requiring employers to provide bereavement leave. New Mexico does have a paid sick leave law (Healthy Workplaces Act, effective 2022) that may cover some bereavement-related needs.
What are your options?
New Mexico's Healthy Workplaces Act requires employers to provide paid sick leave (one hour per 30 hours worked, up to 64 hours per year) that may be usable for bereavement-related needs. Check your employer's policy. You may also use PTO or vacation time, or request unpaid time off.
Bereavement leave in New Mexico: what you need to know
New Mexico has no standalone bereavement leave law, but the state's Healthy Workplaces Act (effective July 2022) provides paid sick leave that can be used for a range of purposes. Employers of all sizes must provide up to 64 hours of paid sick leave per year, one of the most generous mandates in the country. The law covers absences related to health conditions, domestic abuse, and other needs.
New Mexico's Healthy Workplaces Act is more generous than most state sick leave laws in terms of hours provided (64 hours versus the more common 40 hours). While bereavement is not explicitly listed as a covered use, the law's coverage of mental health conditions and its broad definition of qualifying absences may encompass bereavement-related needs.
New Mexico's economy is shaped by federal government and military spending (Los Alamos National Laboratory, Sandia National Laboratories, Kirtland Air Force Base, White Sands Missile Range), oil and gas (the Permian Basin extends into southeastern New Mexico), tourism (Santa Fe, Taos), and a growing film industry (Netflix and NBCUniversal have major studios in Albuquerque). Workers at the national laboratories typically have comprehensive benefits.
New Mexico's Native American population is the third-largest of any state by percentage. Tribal communities observe diverse mourning traditions that may require extended time. Workers employed by tribal enterprises are generally governed by tribal employment law, not state law. Workers employed by non-tribal employers who need time for tribal mourning practices should discuss their needs with their employer.
New Mexico state employees have leave provisions under the State Personnel Act. State employees may use sick leave for bereavement. The University of New Mexico and New Mexico State University have their own leave policies.
New Mexico's film and television industry, fueled by Netflix and NBCUniversal studios in Albuquerque, employs a growing number of workers in production, post-production, and support roles. Many film industry workers are project-based employees or independent contractors with limited access to employer-provided benefits. The Healthy Workplaces Act applies to employees (not independent contractors), so workers in the film industry should understand their classification. Employees are covered by the state's generous 64-hour paid sick leave mandate; independent contractors are not.
More New Mexico workplace laws
Check other workplace law topics for New Mexico:
Frequently asked questions about bereavement leave in New Mexico
New Mexico's Healthy Workplaces Act does not explicitly list bereavement, but it covers mental health conditions. Grief-related health needs may qualify. The law is generous, providing up to 64 hours of paid sick leave per year for all employers.
Both Los Alamos National Laboratory and Sandia National Laboratories offer bereavement leave as part of their employee benefits. As federal contractor employees, their benefits are set by their managing organizations (Triad and NTESS respectively). Check your specific employer's policy.
New Mexico state employees may use accrued sick leave for bereavement under the State Personnel Act. Contact the State Personnel Office or your agency HR for specific provisions.
Generally no. Tribal enterprises are sovereign entities, and state employment laws typically do not apply to tribal employers. If you work for a tribal enterprise, check your tribal employer's specific leave policy.
New Mexico's 64 hours of paid sick leave is among the most generous in the nation. Most states with sick leave mandates cap at 40 hours. This gives New Mexico workers more flexibility to use paid time for bereavement without exhausting their entire leave balance.