New Mexico Vacation Laws
Posted by Maya
In New Mexico, the state government says that workplace vacations are a fringe benefit of a job and not a right, and so the state does not get involved in legislating vacation policies. The only time the state steps in when your company does have a policy regarding vacations that it refuses to honor. New Mexico laws say that employers must abide by these kinds of agreements. That means if your company has a policy that grants you vacations, they have to give it to you. However, an employer can legally change their policies at any time as long as the staff is notified in writing. These changes cannot be applied to you retroactively. Contrary to popular belief, when you leave your job, your employer is not required to pay you for unused vacation time unless you have a prior written agreement saying differently.
Even if your company does grant you vacation, there are still limitations on how you can use it. Your employer only has to give you time off if the business can handle your absence. If you request time off during a busy or crucial period, your boss does not have to accommodate that request. If you refuse to work when your employer has denied you a vacation, then you can legally be fired.
With the knowledge of the law in your state, hopefully many conflicts in the workplace can be avoided. Even though there is not much protection under the law, many employers offer vacation to their staff to keep them on board. When you are addressing your vacation needs with your boss, try to get your agreements in writing so you both know where you stand. If there ever is a conflict, this written agreement may help you with your case.
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