NEW MEXICO’S BUSINESS LAWYERS ®

New Mexico Governor’s Order and Federal Paid Leave

August 9, 2020

For New Mexican employers, it is important to note that effective August 6, 2020, Executive Order 2020-056, issued by Governor Michelle Lujan Grisham prohibits employees from qualifying for EPLSA paid leave if the employee is forced to quarantine upon returning to New Mexico from out of state vacation or leisure activates. The Order states, “Any New Mexico resident leaving the State for vacation or other leisure activities must quarantine upon returning to the State. New Mexico residents quarantining pursuant to this provision will not be eligible for paid sick leave pursuant to the Families First Coronavirus Response Act.”

Thus, while FFCRA includes a provision for paid sick leave if forced to quarantine under state or local government order, the Order excludes employees who travel out of state for vacation and leisure.

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