My Current State: 

FMLA New Mexico

Posted by Diane

The Family and Medical Leave Act is a federal Act that applies to many employees in states across the country. Because the Act is a federal Act, it could apply to employees in the state of New Mexico in much the same way that it applies to employees in any other state.

The FMLA is in place in order to ensure that when an employee needs to take time off of work in order to tend to a qualifying medical condition of their own or of a covered family member, the employee can take up to 12 weeks off of work.

When an employee takes the FMLA time off, the employee should be able to return to work at the end of the period of time off to have the same job or an equivalent job as well as the same salary and benefits that the employee had prior to taking the FMLA time off. Also, the employer cannot discriminate against an employee that has taken the FMLA time off.

Employees may be able to take FMLA time off if they have worked for a covered employer for at least 1,250 hours out of the previous year. Covered employers must have at least 50 employees that work within a 75-ile radius of the employee that wishes to take the FMLA time off.

Covered employees may be able to take up to 12 weeks off of work each year for any of the following medical related conditions:

·         To care for their own health care needs

·         To care for the needs of a spouse

·         To care for a child, as long as the child is under the age of 18

·         To care for a parent, as long as the parent is a biological parent and the employee is at least 18 years old

·         For a newborn child, a newly adopted child, or a child recently taken in through foster care. CB

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