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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15876
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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I currently own a company in New Mexico, am I required to provide

Customer Question

I currently own a company in New Mexico, am I required to provide PTO (i.e. pto, sick leave, etc.) to my employees? If so, how many hours do I have to provide? Thanks in advance!
Submitted: 1 year ago.
Category: Employment Law
Expert:  wallstreetfighter replied 1 year ago.

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

How many employees do you have?

Customer:

Including myself, 5

Customer:

after friday, it will be 4

wallstreetfighter :

An employer is not required to provide employees with vacation pay. If an employer elects to provide such benefits, however, they should be uniformly applied in conformity with a written policy. This will provide protection against claims of discrimination and may be necessary to ensure the employer complies with the pay provisions of the Fair Labor Standards Act (“FLSA”) as it relates to “exempt” employees.

wallstreetfighter :

New Mexico does not have any laws requiring an employer to provide a meal period or breaks to employees, thus the federal rule applies. However, if an employer chooses to provide a break or meal period, it must be paid if it lasts less than thirty (30) minutes

wallstreetfighter :

In terms of medical leave,

wallstreetfighter :

only the FMLA would apply, however that is for employees with over 50 employees,

Customer:

Thanks. At the present time I do provide PTO and it is written into the employment manual, but in my company if you are not here, you do not produce and I have to do the work and still pay the employee. It's a major pain and costs more money than it's worth.

wallstreetfighter :

Since you created a written policy, you would have to abide by it, however, since there are no State laws requiring it, you can end the program for new employees and current employees.

Customer:

I would just basically amend the employment manual effective a certain date, correct?

wallstreetfighter :

Yes, you should amend the policy, and state you will only honor past PTO and will end the program. Also, New Mexico’s Legislature nor its courts have given any significant guidance regarding other potential vacation policy issues. They are silent regarding whether an employer may:



  • establish a policy or enter into a contract denying employees payment for accrued vacation leave upon separation from employment,

  • deny payment for accrued vacation to an employee upon separation from employment if its policy or contract is silent on the matter,

  • require an employee to comply with specific requirements to qualify for payment of vacation leave upon separation from employment, such as giving two week’s notice or being employed as of a specific date of the year,

  • cap the vacation leave an employee may accrued over time,

  • implement a “use-it-or-lose-it” policy requiring employees to use their leave by a set date or lose it.

Customer:

Thanks! I appreciate your answers.

wallstreetfighter :

So you can create a new policy if you wish with any of the above,

wallstreetfighter :

But you must honor the past PTO rules as per your contract,

Customer:

Yeah, that is important to know.

wallstreetfighter :

If you have any further questions please do not hesitate to ask.

Customer:

Thanks again.

wallstreetfighter :

If satisfied please provide us with positive feedback, so we can receive credit.

Customer:

Will do right now.

wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15876
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
wallstreetfighter and 7 other Employment Law Specialists are ready to help you

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