New Mexico

Pregnancy and Work

Protection Against Pregnancy Discrimination

Under the federal Pregnancy Discrimination Act (PDA), employers with 15 or more employees cannot discriminate against pregnant workers. Employers must treat pregnancy, childbirth, and related medical conditions the same as any other temporary medical condition in terms of hiring, firing, pay, job assignments, and promotions.

Example: If your employer offers light-duty work for someone with a temporary injury, they must also offer it to pregnant employees if needed.

The New Mexico Human Rights Act protects workers from pregnancy discrimination, ensuring that pregnant employees are not unfairly treated, denied reasonable accommodations, or forced to take leave if they are still able to perform their job.

Workplace Accommodations
Federal law (PDA and the Americans with Disabilities Act, or ADA) may require reasonable accommodations for pregnancy-related conditions. Specifically, the Pregnant Workers Fairness Act provides groundbreaking protections for pregnant, postpartum, and pumping workers, ensuring their right to workplace accommodations that support their health and job security. The law grants rights such as:

• Extra breaks
• Flexible scheduling to attend medical appointments
• Time off to recover from childbirth or miscarriage
• Light-duty or modified job tasks
• Remote work and other adjustments

Public sector employees in New Mexico are also covered under state laws that require reasonable accommodations for pregnancy-related needs.

Workplace Safety for Pregnant Workers
Employers must ensure a safe working environment for pregnant employees. Unsafe conditions can be reported to the Occupational Safety and Health Administration (OSHA).

Taking Time Off Work
Family and Medical Leave Act (FMLA)
Under federal law, eligible employees can take up to 12 weeks of unpaid leave per year for childbirth, bonding with a new child, or serious medical conditions (including pregnancy-related conditions).

Eligibility requirements include

• Working for an employer with 50+ employees within 75 miles
• Having worked for the employer for at least 12 months
• Logging at least 1,250 hours in the past year.

New Mexico Parental Leave Protections
New Mexico does not currently have a state-specific family leave law beyond FMLA; however, certain employers may offer additional parental leave benefits. Pregnant workers should check with their employer regarding available maternity leave options.

Pregnancy Leave
New Mexico employers must allow pregnancy-related leave if they offer medical or sick leave for other conditions. This leave may be unpaid unless company policy or contracts specify otherwise.

Returning to Work with a Baby
Break Time for Nursing Mothers

Under the federal Fair Labor Standards Act (FLSA), employers are required to provide

• Reasonable break times for nursing parents to pump breast milk for up to one year after birth
• A private, non-bathroom space for expressing milk
• Small businesses (with fewer than 50 employees) may claim undue hardship exemptions, but most employers must comply.

Parental Rights for Sick or Family Leave
If your child or family member has a serious health condition, you may qualify for unpaid leave under FMLA to provide care.

Workplace Protections for New Parents
Equal Pay
New Mexico's wage laws ensure equal pay for equal work, regardless of gender or parental status.

Employment Termination
Employers cannot terminate or retaliate against employees for taking protected leave (e.g., FMLA) or requesting pregnancy-related accommodations.

Job Protection
FMLA guarantees that employees can return to their same or an equivalent position after taking parental leave.

Support for Parents in New Mexico
Childcare Assistance
New Mexico offers programs such as the Child Care Assistance Program (CCAP) to help working parents with childcare costs. Eligibility is based on income and employment status.

New Mexico Temporary Assistance for Needy Families (TANF)
Provides financial support to low-income families, including those with new babies.

Flexible Work Policies
Some New Mexico employers may voluntarily offer flexible work arrangements, remote work, or paid parental leave as part of their benefits.

Breastfeeding-Related Rights
The Fair Labor Standards Act (FLSA) requires employers to provide reasonable break time for an employee to express breast milk for their nursing child for one year after birth. Employees are entitled to a private pumping space at work that is shielded from view and free from intrusion. On December 29, 2022, President Biden signed the Consolidated Appropriations Act, 2023, which introduced the PUMP for Nursing Mothers Act (“PUMP Act”), expanding these rights to more employees, including: Agricultural workers, Nurses, Teachers, Truck and taxi drivers, Home care workers, and Managers.

The PUMP Act requires employers to provide

• Break time for an employee to express breast milk
• A private, non-bathroom space to pump.

These accommodations must be provided for one year after birth and be available whenever the employee needs them.