By Kayla Kuhn, Micaela DePauli, Kiser Davis, Liz Pritchard

The Paid Family and Medical Leave Act, a long-debated topic in New Mexico, is set to return in the 2025 legislative session. Originally introduced in 2019, the bill has faced considerable political and economic scrutiny.

The PFMLA legislation proposes a state-administered program, through the Department of Workforce Solutions, offering 9 to 12 weeks of annual paid leave for qualifying family or medical reasons. Businesses with fewer than five employees would be able to opt out.

New Mexico currently complies with regulations of the federal Family and Medical Leave, but the federal law does not offer paid leave to employees, meaning if a New Mexican employee must take medical leave for themselves or a loved one, they do so unpaid. The proposed state legislation seeks to change that.

The federal version was passed in 1993 and offers 12 weeks of unpaid leave annually. To qualify, a company must have at least 50 employees for 20 weeks out of the year. According to a report published by the DWFS, about 4% of companies in New Mexico are subject to the law.

Additions to family and medical leave implemented by New Mexico include safeguards for domestic and sexual abuse and violence. All employers in New Mexico are required to provide 14 days of incremental paid or unpaid leave if an employee needs time off to obtain judicial relief or protection from abuse for themselves or a family member.

Gov. Michelle Lujan Grisham signed an executive order in 2019 giving all state employees 12 weeks of paid parental leave. The employees must have worked for at least a year and be full-time employees.

In April 2021, New Mexico enacted the Healthy Workplaces Act requiring private companies to provide paid sick leave. Under the HWA, one hour of paid sick leave is accrued for every 30 hours worked. Employees may use up to 64 hours of earned sick leave a year.

In the 2024 legislative session, a bill that would have guaranteed paid leave for New Mexico workers was narrowly defeated in the House with a 34-36 vote after passing in the Senate 25-15.

The bill was sponsored by Sen. Mimi Stewart of Bernalillo, Rep. Christine Chandler of Los Alamos, Rep. Linda Serrato of Santa Fe and Rep. Patricia Roybal Caballero of Bernalillo, all Democrats reelected in the 2024 general election.

In a voting guide published by the League of Women Voters, Rep. Roybal Caballero wrote that her top priority is the Paid Family and Medical Leave Act.

“I intend to build on the years of coalition work and strengthen relationships to see these to the finish line and into law in 2025,” she said.

One Democratic senator, George Muñoz of Gallup, opposed the bill; he too won his bid for reelection this year.

Eleven Democratic House members joined Republicans and opposed the bill, and six were reelected this November: Cynthia Borrego of Bernalillo, Wonda Johnson of Rehoboth, Raymundo Lara of Chamberino, Patricia Lundstrom of Gallup, Joseph Sanchez of Alcade and Marian Matthews of Albuquerque.

The currently proposed New Mexico bill aligns with similar laws in the District of Columbia and 14 states: California, New Jersey, Rhode Island, New York, Washington, Massachusetts, Connecticut, Oregon, Colorado, Maryland, Delaware, Minnesota, Maine and Kentucky.

Under the proposal, eligibility for paid family and medical leave would require employees to contribute to the fund for at least six months and give at least 20 days’ notice for non-emergency situations.

Qualifying events for paid leave include managing one’s physical or mental health, caring for a family member, birthing a new child or adopting a child. It also makes provisions for grieving for the loss of a child; handling legal, psychiatric or medical issues from domestic abuse or sexual assault; or preparing for active-duty military deployment. The leave can be taken incrementally, but at least eight hours at a time.

Compensation would be administered from a state fund as a percentage of an employee’s average income. The fund would be supported by employee and employer contributions. To protect the fund’s solvency, the contribution tax would commence one year before benefits are dispensed. Contributions would start a year after the passing of the law, giving business owners time to prepare.

The Human Impact

If the Paid Family Medical Leave Act were implemented in the state, it would drastically change the way parents balance the important aspects of their lives. For families like Tonia Kuhn’s, paid leave is more than a policy, it’s a lifeline.

“It’s a constant balancing act,” Kuhn said. “There were times I had to choose between being at the hospital with my daughter and keeping my job. PFML helped, but only to a point.”

Kuhn, a manager at a department store in Albuquerque, knows firsthand the struggles that come with navigating paid leave while caring for a child with complex medical needs. Her daughter was born with spina bifida and scoliosis and requires ongoing medical attention and specialized care. While her employer’s paid medical leave benefits offered some level of job security, Kuhn’s experience reveals significant gaps that leave many families struggling with difficult choices that they are forced to make.

Kuhn explained that while she was able to take time off from work, the financial strain was immense because, at the time, she was only entitled to 67% of her salary.

“You’re not just worried about medical bills and caregiving costs, you’re also losing part of your income,” she said.

Kuhn said she ended up “dipping into savings to make ends meet, and not everyone has that option.”

Her story underscores a common challenge with paid leave. While it provides job protection to an extent, it often fails to provide adequate financial support. This forces many working families to make heartbreaking decisions, particularly those in sectors such as retail, like Kuhn, where options are less beneficial.

The troubles Kuhn faced resonate with health care workers as well, due to the absence of extensive paid leave policies.

Courtney Beach, a head charge nurse at the University of New Mexico Hospital, shared her perspective on how the current system impacts nurses and their families.

“Both I and about half of my full-time colleagues have used UNM’s version of PFML, either this or last year,” Beach said.

She said that in order to be paid during that time, she was required to use accrued sick and vacation hours until they’re gone.

“If those run out, you’re left without an income, even though your job is technically protected,” she said.

Beach said that along with paid leave, the complicated application process can be another barrier for employees.

“You must have worked full time for at least a year, and the paperwork is daunting,” Beach said. “It has to be renewed annually, and health care providers often charge extra to fill out the forms. For part-time workers or those new to a job, it’s nearly impossible to qualify.”

Both Kuhn and Beach have felt the effects of inadequate paid leave policies. For new mothers, the financial strain can force them back to work sooner than they’re ready.

“I’ve seen many new moms use up their sick and vacation hours and be forced to return to work because they can’t afford unpaid leave,” Beach said.

The consequences extend beyond individual families. Within health care, Beach said the lack of paid leave also contributes to staffing shortages along with low morale.

“Many employers hire part-time workers, so they don’t have to provide benefits like Family Medical Leave,” she said. “This leaves workers juggling multiple jobs, exhausted and frustrated, which impacts their performance and, ultimately, patient care.”

In Kuhn’s case, it’s about giving families the financial and emotional support they need during critical times.

“Parents like me shouldn’t have to choose between their child’s well-being and a paycheck,” she said.

Beach, on the other hand, advocates for federal reforms to make paid leave more accessible and equitable.

“FMLA is outdated,” she said. “The federal government should fund wages during leave, and the process to qualify needs to be simplified. All employees, regardless of job type or hours worked, should have access to paid leave.”

With the bill returning to the table for the 2025 legislative session, working mother Keymonie Allen is also ready to see it pass. She is a mother of three and says she often feels torn being a working mom.

“I never want to pull back from work, but if I need to care for them, then my priority has to be my kids,” she said. “Sometimes it feels like I’m having to choose between my job, my kids, my personal life, or my health.”

Allen and her husband planned for their second child at the time PFML was first introduced and she said they had many fears surrounding their finances.

“There were times that my husband had to take time off for our kid because I couldn’t and if we had paid leave for both of us, we could’ve shared those responsibilities which is what we wanted to do,” Allen said.

She believes this legislation would only create healthier family dynamics.

“Parenting is about teamwork and if we want people to be good parents to their children, then we need to have access to be able to show up when we need to,” she said.

Policies like paid leave would also impact how parents could appropriately manage hard situations, Allen said. If the legislation had passed previously, it would’ve made a big difference for her when she decided to have children.

“It would have helped me during all three of my pregnancies. The stress of having to take unpaid leave is real and it causes more stress when you’re already trying to keep everything else running,” Allen said. “It would’ve been nice to take more time for maternity leave, to focus on my health, but there was a lot of worry of whether we were going to make ends meet or not.”

Allen said she couldn’t afford to take too much time off as she and her husband were prepping for baby number three. This kind of emotional struggle is something that takes its toll on many working parents. If the Paid Family Medical Leave Act were signed into law, parents and guardians could prioritize care for their families without feeling guilt.

Focusing on marginalized communities

There is still heavy momentum towards pushing for statewide PFML, especially while the cost of living continues to increase and going without pay for an extended period of time becomes an increased burden for the average worker.

The federal paid leave law protects medical coverage very broadly, but with the national political climate swinging towards conservatism, there is a sense of pressure to protect the rights of vulnerable communities. One aspect to consider is the role of paid leave when it comes to gender-affirming care.

While interviewing trans students at the University of New Mexico about their perspective on the Paid Family and Medical Leave Act and what it could do for themselves and the trans community, one student Noe Field-Perkins said he supports implementing it in New Mexico and that he thinks it would be beneficial for trans people.

He shared experiences with people he knew who have dealt with physical side effects ranging from scars not healing to surgical complications. These issues were worsened by not having enough time away from work to heal after gender-affirming surgeries.

Another UNM student, Mack Burnett, said paid time off is crucial.

“A lot of people only have a certain period of time in which they can get a surgery like that, and it’s not easy to get to the point where you can,” Burnett said.

Transgender people became a hot-button issue in the 2024 national election, with many speculating that policies outlined in Project 2025 could become a reality come January, which could have major implications for people seeking gender-affirming care.

In an interview with News Port news partner New Mexico Political Report, Marshall Martinez said a National Institute of Health study focusing on the negative effects of gender-affirming care was already in the works.

“The proof is that the mandate is starting from a place of confirmation bias,” Martinez said. “It is instructing a federal agency to assume that gender-affirming health care is harmful, and they must prove how and why.”

Martinez said cuts to Medicaid proposed in Project 2025 would have long-term negative impacts on the trans community too. This is impactful because most transgender people in the Albuquerque area receive gender-affirming care from the University of New Mexico.

Burnett shared his perspective about the possibility of not having access to gender-affirming care saying, “It’s like you’re taking away a piece of somebody.”

Field-Perkins also talked about how restricting access to safe and affordable gender-affirming care would not stop people from seeking it, but instead would force them to seek it in unsafe ways.

“In places where it is illegal to get gender-affirming care, and when it was completely illegal in the U.S., people still got top surgery and people still got testosterone,” he said. “They were just getting it in illegal, unsafe, and unregulated ways.”

Since this is such a crucial part of health care for the trans community, it is fair to ask the question whether the legislative session will include protections for these rights and medical services through either civil protections or alternate funding mechanisms. Looking towards the possibility of having access to paid leave, it is important to trans community members that their medical needs are also covered and protected. Especially with national pressure to encroach on those necessities.

Field-Perkins noted that access and affordability are crucial for trans people and could be a matter of life and death. He said that female to male individuals who have surgery no longer naturally produce sex hormones.

“They’re completely reliant on the hormones they’re injecting, so if they don’t have that they will die,” he said. “It’s a fact that many people, if they stay in the U.S. and don’t have access to testosterone, will die.”

Arguments for PFML

Proponents of the Paid Family and Medical Leave Act point to an increase in economic security. Since New Mexico has higher poverty rates than most other states, the act would constitute a safety net for workers. It also reduces the need to choose between health and financial stability.

Paid leave also gives small businesses a competitive advantage in retaining and recruiting talent and allows them to compete with corporations that offer private paid leave programs. It gives employers a chance to be prepared for life’s inevitabilities and prevent the high costs of turnover and employees infecting one another with illnesses.

When people can take care of medical problems before they’re dire, they have more control over their situation and will be less likely to have to quit their jobs. If employers invest in preventative expenses to preserve a stable workforce, it shows employees they have a safe work culture that makes them feel cared for and protected.

Paid leave also gives women more leverage in family planning, and it helps them escape dangerous and abusive relationships. Single parents can manage life with more ease as well, and proponents assert that fewer children would go through traumatic medical procedures alone, like chemotherapy.

The legislation also empowers more people to enter the workforce, which would decrease unemployment in the state. Additionally, it allows more employment opportunities for more women, differently abled and chronically ill people, individuals who seek gender-affirming care and rural residents.

According to polls conducted by Dr. Gabriel Sanchez, a UNM professor of political science, most people want to see the expansion of paid family and medical leave.

“All the data I’ve ever collected in my career says even the majority of New Mexicans would be willing to pay a little bit more into the system to see it expanded,” he said.

Arguments against PFML

Opponents worry that expanded paid leave could place economic burdens on business owners, and could cause companies to fire employees due to the strains from the associated taxes. Some worry it could cause companies to go out of business altogether. This becomes a particle concern for businesses still struggling following the pandemic.

Terri Cole, president of Greater Albuquerque Chamber of Commerce, said the legislation is not largely supported by business owners.

“There is not a single business organization that I am aware of who supports this bill,” Cole said.

Some Republican lawmakers support the idea but say the proposed 12-week period is excessive and that the overall language of this bill is too broad.

Looking ahead to 2025

Experts are divided on the Family and Medical Leave Act’s prospects in the upcoming session. Sanchez said because there are many uncertainties about the Trump Administration’s stance on the Paid Family and Medical Leave Act, there may be little incentive and pressure to pass the bill this year. There’s also a good chance that legislators won’t know the status of federal funding by the time of the session, so that could be a reason legislators will postpone action to next year.

However, Sanchez noted that Vice President-elect J.D. Vance has spoken highly in favor of paid leave.

“So, there’s some optimism that there might still be some federal funding available to do this,” he said. “But I didn’t hear anything from Trump directly on this.”

The debate underscores a critical question: Can New Mexico balance the economic needs of businesses with the well-being of its workforce?

The paid leave program would require a $36 million upfront investment repaid incrementally by 2033. Paid leave would begin by 2028.