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Maternity leave in New Mexico

What you get in New Mexico when you have a baby: job-protected time off, ways to get paid, and the state laws that protect you at work.

Checked October 2026 · 25 sources · Not legal advice

Short answer

New Mexico has no state paid leave program, so most new moms combine unpaid FMLA leave (12 weeks, if you qualify) with short-term disability and paid time off. New Mexico's Human Rights Act (employers with 4+ employees) requires reasonable pregnancy accommodations, such as schedule changes, and bars forcing a pregnant worker onto leave if another accommodation would work.

New Mexico at a glance

Checked October 2026. Details and sources below.

What you get in New Mexico

New Mexico doesn't run a paid family leave program, and no federal law requires private employers to pay for maternity leave. What you can count on depends on where you work: FMLA's 12 weeks of unpaid, job-protected leave if you qualify, plus whatever your employer pays.

New Mexico's Human Rights Act (employers with 4+ employees) requires reasonable pregnancy accommodations, such as schedule changes, and bars forcing a pregnant worker onto leave if another accommodation would work.

State disability programs in California and New York pay for 6 weeks of recovery after a vaginal birth and 8 after a C-section, longer with complications. After recovery, time off to bond with your baby is unpaid unless you use paid time off or your employer offers paid parental leave.

Sources: Electronic Code of Federal Regulations (National Archives); California Employment Development Department (EDD); New York State Workers’ Compensation Board; U.S. Department of Labor. Data as of October 2026.

A typical leave with FMLA, week by week

Vaginal birth12 weeks

C-section12 weeks

  • Recovery
  • Unpaid, job-protected
Assumes you qualify for FMLA and start leave at the birth. Recovery weeks are paid only through short-term disability or paid time off; the rest of the 12 weeks is unpaid unless your employer pays.

Do you qualify for FMLA?

You qualify if you've worked for the employer at least 12 months and 1,250 hours in the past 12 months, at a worksite where the employer has 50+ employees within 75 miles. Public agencies and schools are covered at any size.

50+

employees within 75 miles of your worksite (public employers and schools of any size)

12 mo

with your employer, not necessarily in a row

1,250

hours worked in the past 12 months, about 24 a week

12 wk

of unpaid, job-protected leave, with your health coverage kept

Sources: Electronic Code of Federal Regulations (National Archives); U.S. Department of Labor; U.S. Equal Employment Opportunity Commission

Getting paid during maternity leave in New Mexico

Your pay while you're out comes from these sources, usually in combination.

  • Short-term disability

    If your employer offers short-term disability, or you have your own policy, it can pay part of your wages while you recover from the birth. Employer plans set their own percent of pay and number of weeks, so ask HR for the plan document. How short-term disability works for pregnancy

  • Paid time off and sick leave

    No federal law requires private employers to give paid family, maternity or parental leave. FMLA leave is unpaid, though workers can use paid leave they've earned, and the Fair Labor Standards Act doesn't require pay for time not worked. Check how many PTO and sick days you'll have saved by your due date.

    Sources: Electronic Code of Federal Regulations (National Archives); U.S. Department of Labor

  • A family leave insurance policy

    No voluntary paid family leave insurance law found as of October 2026.

    Source: New Mexico Legislature

  • If you work for the state of New Mexico

    New Mexico gives eligible executive-branch state employees up to 12 weeks of fully paid parental leave, used within six months of a birth or adoption, after they finish a probationary or one-year service period (Executive Order 2019-036, in effect since Jan. 1, 2020, amended 2020).

    Sources: Office of the Governor of New Mexico; New Mexico Legislative Finance Committee

  • If you're a federal employee

    Federal civilian employees covered by title 5 FMLA can get up to 12 weeks of paid parental leave for each birth or adoption/foster placement on or after Oct. 1, 2020, used within 12 months after the birth or placement. It requires 12 months of qualifying federal service and is separate from sick and annual leave.

    Source: U.S. Office of Personnel Management

Your rights at work in New Mexico

State laws on leave, pregnancy accommodations and pumping, checked October 2026. Federal law (FMLA, the Pregnant Workers Fairness Act and the PUMP Act) applies on top of these.

  • Leave and pregnancy rules

    State law

    New Mexico's Human Rights Act (employers with 4+ employees) requires reasonable pregnancy accommodations, such as schedule changes, and bars forcing a pregnant worker onto leave if another accommodation would work.

    Source: New Mexico Legislature

  • Pregnancy accommodations

    State law

    New Mexico requires employers with 4 or more employees, including state and local government, to make reasonable accommodations for needs arising from pregnancy, childbirth or related conditions, and bars forcing a worker onto leave if another accommodation would work (Human Rights Act, NMSA § 28-1-7, amended 2020).

    Sources: New Mexico Legislature; A Better Balance

  • Pumping at work

    State law

    New Mexico requires every employer, including state and local government, to give nursing employees flexible break times and a clean, private space near their work area that isn't a bathroom to use a breast pump. Employers don't have to pay for pumping time beyond regular breaks (HB 613, 2007, NMSA ch. 28, art. 20).

    Source: New Mexico Legislature

Guides

Paternity leave in New Mexico

New Mexico has no law that pays fathers or partners for bonding leave. If they qualify, FMLA gives them up to 12 weeks of unpaid, job-protected leave to care for the newborn, under the same rules as moms. Employer paid parental leave and paid time off are the usual ways to get paid.

State employees: New Mexico gives eligible executive-branch state employees up to 12 weeks of fully paid parental leave, used within six months of a birth or adoption, after they finish a probationary or one-year service period (Executive Order 2019-036, in effect since Jan. 1, 2020, amended 2020).

Sources: Electronic Code of Federal Regulations (National Archives); Office of the Governor of New Mexico; New Mexico Legislative Finance Committee

12 wk

unpaid, job-protected FMLA leave for an eligible father or partner

$0

paid by New Mexico law to a father or partner

Your maternity leave, step by step

  1. During pregnancy

    Ask HR for the leave policy, the short-term disability plan document, and whether you qualify for FMLA. Tell your employer your expected dates as early as you can, and check how much paid time off you'll have.

  2. From the birth: recovery

    File your short-term disability claim if you have coverage. California's and New York's disability programs count 6 weeks of recovery after a vaginal birth and 8 after a C-section; your provider can certify more for complications.

  3. To week 12: bonding

    FMLA's job protection runs 12 weeks in all. After recovery, this time is unpaid unless you use paid time off or your employer pays parental leave.

  4. Back at work

    If you're pumping: New Mexico requires every employer, including state and local government, to give nursing employees flexible break times and a clean, private space near their work area that isn't a bathroom to use a breast pump. Employers don't have to pay for pumping time beyond regular breaks (HB 613, 2007, NMSA ch. 28, art. 20).

Questions about maternity leave in New Mexico

How long is maternity leave in New Mexico?

No New Mexico law requires paid maternity leave. If you qualify for FMLA, you get up to 12 weeks of unpaid, job-protected leave. New Mexico's Human Rights Act (employers with 4+ employees) requires reasonable pregnancy accommodations, such as schedule changes, and bars forcing a pregnant worker onto leave if another accommodation would work. How much of that time is paid depends on your short-term disability coverage, your saved paid time off and your employer's own leave policy.

Does New Mexico have paid family leave?

No. New Mexico has no paid family leave program and no law on family leave insurance, so pay during leave comes from your employer.

Do I qualify for FMLA?

You qualify if you've worked for the employer at least 12 months and 1,250 hours in the past 12 months, at a worksite where the employer has 50+ employees within 75 miles. Public agencies and schools are covered at any size.

Does New Mexico require pregnancy accommodations at work?

New Mexico requires employers with 4 or more employees, including state and local government, to make reasonable accommodations for needs arising from pregnancy, childbirth or related conditions, and bars forcing a worker onto leave if another accommodation would work (Human Rights Act, NMSA § 28-1-7, amended 2020). The Pregnant Workers Fairness Act requires employers with 15 or more employees to provide reasonable accommodations for limitations related to pregnancy, childbirth or related conditions unless it causes undue hardship. EEOC lists leave for health care appointments and leave to recover from childbirth as examples. It doesn't require the leave to be paid.

Is there paternity leave in New Mexico?

New Mexico has no law that pays fathers or partners for bonding leave. If they qualify, FMLA gives them up to 12 weeks of unpaid, job-protected leave to care for the newborn.

Do New Mexico state employees get paid parental leave?

New Mexico gives eligible executive-branch state employees up to 12 weeks of fully paid parental leave, used within six months of a birth or adoption, after they finish a probationary or one-year service period (Executive Order 2019-036, in effect since Jan. 1, 2020, amended 2020).

More for new parents in New Mexico

Sources

  1. 1.State Family and Medical Leave Laws (updated November 7, 2025) National Conference of State Legislatures. Accessed October 9, 2026.
  2. 2.State paid family and medical leave contributions and benefits (Feb. 6, 2026) Mercer Law & Policy Group. Accessed October 9, 2026.
  3. 3.State Paid Family & Medical Leave Insurance Laws (chart, April 2026) National Partnership for Women & Families. Accessed October 9, 2026.
  4. 4.The United States Leave Law Report, Vol. 12 (July 28, 2026) Tilt. Accessed October 9, 2026.
  5. 5.HB 11 (2025 Regular): Paid Family & Medical Leave Act New Mexico Legislature. Accessed October 9, 2026.
  6. 6.Legislation list, 2026 Regular Session New Mexico Legislature. Accessed October 9, 2026.
  7. 7.House Bill 25 (2020), amending the Human Rights Act, Sections 28-1-2 and 28-1-7 NMSA 1978 (pregnancy, childbirth or related condition) New Mexico Legislature. Accessed October 9, 2026.
  8. 8.29 CFR 825.110 Eligible employee Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
Show all 25 sources
  1. 9.State Pregnant Workers Fairness Laws (updated Dec. 1, 2025) A Better Balance. Accessed October 9, 2026.
  2. 10.HB 613 (2007): Use of a Breast Pump in the Workplace, final text New Mexico Legislature. Accessed October 9, 2026.
  3. 11.Executive Order 2019-036: Paid parental leave for state employees Office of the Governor of New Mexico. Accessed October 9, 2026.
  4. 12.Governor orders 12-week paid parental leave for state employees Office of the Governor of New Mexico. Accessed October 9, 2026.
  5. 13.HB 264 (2025) Fiscal Impact Report: State Employee Salaries, Leave & Retention New Mexico Legislative Finance Committee. Accessed October 9, 2026.
  6. 14.2025 Regular Session legislation list New Mexico Legislature. Accessed October 9, 2026.
  7. 15.29 CFR 825.100 The Family and Medical Leave Act Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  8. 16.29 CFR 825.104 Covered employer Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  9. 17.29 CFR 825.200 Amount of leave Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  10. 18.29 CFR 825.214 Employee right to reinstatement Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  11. 19.Family and Medical Leave Act (FMLA) U.S. Department of Labor. Accessed October 9, 2026.
  12. 20.What You Should Know About the Pregnant Workers Fairness Act U.S. Equal Employment Opportunity Commission. Accessed October 9, 2026.
  13. 21.The Pregnant Workers Fairness Act (42 U.S.C. 2000gg) U.S. Equal Employment Opportunity Commission. Accessed October 9, 2026.
  14. 22.Vacation Leave U.S. Department of Labor. Accessed October 9, 2026.
  15. 23.Fact Sheet: Paid Parental Leave U.S. Office of Personnel Management. Accessed October 9, 2026.
  16. 24.Disability Insurance – Pregnancy FAQs California Employment Development Department (EDD). Accessed October 9, 2026.
  17. 25.Introduction to the Disability Benefits Law (employee disability benefits) New York State Workers’ Compensation Board. Accessed October 9, 2026.

Maternity leave in other states

No state program

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