Committee advances amendment to clarify notice rules for earned sick leave; employers, childcare providers support; worker advocates oppose changes

(Note: transcript identifies the item as HB 415 and Representative Duncan as sponsor.)

Representative Duncan introduced House Bill 415, described as technical cleanup clarifying notification requirements under the Healthy Workplaces Act for unforeseen use of earned sick leave. The bill as amended allows employers to require employees to follow a written call‑in policy; in the absence of a written policy, employees must notify their employer “as soon as practicable.” The committee adopted language suggested in the fiscal impact report to make that ordering explicit.

Barbara (Barb) Tedrow, a child‑care provider and policy chair for the New Mexico Early Childhood Association, testified that ambiguity in the statute’s “as soon as practicable” standard created operational problems for child‑care centers that must meet strict staff‑to‑child ratios and other licensing rules. She and several child‑care center directors said late call‑ins can force classrooms to close, interrupt parental employment and increase payroll costs. Jason Espinosa (National Federation of Independent Business), Kim Legant (representing Good Samaritan Personal Care, AMR Ambulance and New Mexico Child Care and Education Association) and other industry witnesses said written notice standards in employee handbooks help employers staff reliably while preserving workers’ leave benefits. Vince Moffitt and other health‑care representatives said delayed notice reduces patient safety and disrupts continuity of care.

Workers’ advocates and individual workers opposed the change. Jacqueline Gibson and other speakers said earned leave is narrow and essential; they warned HB 415 could create new barriers if employers impose burdensome or inconsistent policies. Stephanie Walsh of the New Mexico Center on Law and Poverty testified the existing Healthy Workplaces Act strikes a fair balance and that the bill could let employers erect new obstacles to using earned leave.

Throughout the committee exchange, agency staff from the Department of Workforce Solutions said they viewed the measure as a neutral or “supportive‑neutral” clarification and offered to work with stakeholders on model language. Committee members asked detailed questions about how childcare licensing ratios and background-check timing interact with on‑call staffing and whether written policies would be enforced in a way that blocked workers’ earned rights. Rep. Duncan accepted an amendment that incorporated the phrasing from the fiscal analysis: require compliance with a written policy when present; absent a written policy, employees must notify “as soon as practicable.”

Leader and members moved and seconded a do‑pass as amended motion. The committee recorded a final tally of 9 votes yes, 0 votes no; HB 415 was reported out with a do‑pass recommendation as amended.

Ending: The committee’s amendment leaves the Healthy Workplaces Act’s earned‑leave benefits intact while explicitly permitting employers to rely on written notice policies. Worker advocates asked the sponsor and department to continue stakeholder work to guard against overly prescriptive employer policies.