Human Resource Blog

New Mexico FMLA

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Which employees in New Mexico are covered by the FMLA?

The Family and Medical Leave Act is a federal Act that covers employees across the country in all states as long as both the employer and the employee qualify for coverage. When an employee and employer both qualify for coverage, the employee can take up to 12 weeks off of work each year in order to tend to their own medical conditions or to the medical conditions of a covered family member.

In order for an employee to qualify to take FMLA time off, the employee needs to have worked for a covered employer for at least 1,250 hours out o the previous year. Those 1,250 hours do not have to have been performed in consecutive weeks. A covered employer is one that has at least 50 employee that work within a 75-mile radius of the employee that wishes to take the FMLA time off.

When an employee takes time off through the FMLA, 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 to the one that he or she had prior to taking the time off. Also, the employee should be able to have the same salary and benefits that he or she had prior to taking the time off, including seniority.

Employees that are covered may be able to take time off for the following reasons:

·         To care for their own medical conditions

·         To care for the medical conditions 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 employee is over the age of 18 and as long as the parent is a biological parent and not an in-law

·         For the birth of a child, or after a child has been adopted or taken in through foster care. CB