Employment Law Questions? Ask an Employment Lawyer.
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How many employees do you have?
Including myself, 5
after friday, it will be 4
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.
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
In terms of medical leave,
only the FMLA would apply, however that is for employees with over 50 employees,
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.
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.
I would just basically amend the employment manual effective a certain date, correct?
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:
Thanks! I appreciate your answers.
So you can create a new policy if you wish with any of the above,
But you must honor the past PTO rules as per your contract,
Yeah, that is important to know.
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Will do right now.
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