SENATE BILL 385
49th legislature - STATE OF NEW MEXICO - first session, 2009
INTRODUCED BY
Cisco McSorley
AN ACT
RELATING TO DOMESTIC AFFAIRS; ENACTING THE JOB SECURITY ACT; ALLOWING EMPLOYEES TO USE SICK OR ANNUAL LEAVE TO PROVIDE HEALTH CARE FOR FAMILY MEMBERS OR TO PARTICIPATE IN CHILDREN'S EDUCATIONAL ACTIVITIES; PROHIBITING EMPLOYEE DISCHARGE FOR USE OF SICK OR ANNUAL LEAVE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. SHORT TITLE.--This act may be cited as the "Job Security Act".
Section 2. DEFINITIONS.--As used in the Job Security Act:
A. "child" means a biological, adopted or foster child, a legal ward, a grandchild of a person serving as the grandchild's parent or a child of a person standing in loco parentis; provided that the child is:
(1) under the age of eighteen years; or
(2) eighteen years of age or older and incapable of self-care because of a mental or physical disability;
B. "grandparent" means a parent of a parent of an employee;
C. "parent" means a biological parent of an employee or an individual who stood in loco parentis to an employee when the employee was a child;
D. "parent-in-law" means a parent of the spouse of an employee;
E. "serious health condition" means an illness, injury, impairment or physical or mental condition that involves:
(1) inpatient care in a hospital, hospice or residential medical care facility; or
(2) continuing treatment by a health care provider;
F. "sick leave or other paid time off" means time allowed pursuant to the terms of an appropriate collective bargaining agreement or employer policy, as applicable, to an employee for illness, vacation or personal holiday; and
G. "spouse" means a husband or wife.
Section 3. PROTECTED USES OF LEAVE.--
A. If, pursuant to the terms of a collective bargaining agreement or employer policy applicable to an employee, the employee is entitled to sick leave or other paid time off, then an employer shall allow an employee to use the employee's choice of sick leave or other paid time off to:
(1) care for a child of the employee with a health condition that requires treatment or supervision;
(2) care for a spouse, parent, parent-in-law or grandparent of the employee who has a serious health condition or an emergency; or
(3) participate in, as a child's primary caregiver, school-based activities for the employee's child.
B. An employee shall not take leave for purposes of the Job Security Act until the employee is eligible for either sick leave or annual leave.
C. Except for terms relating to the choice of leave, a collective bargaining agreement or employer policy applicable to leave shall remain otherwise unchanged.
D. Use of leave other than accrued sick leave or other paid time off to care for a child, grandchild, spouse, parent, parent-in-law or grandparent under the circumstances described in this section shall be governed by the terms of the appropriate collective bargaining agreement or employer policy as applicable.
Section 4. PROHIBITION OF DISCHARGE.--
A. An employer shall not discharge, threaten to discharge, demote, suspend, discipline or otherwise discriminate against an employee because the employee:
(1) has exercised, or attempted to exercise, a right provided pursuant to the Job Security Act; or
(2) has filed a complaint, testified or assisted in a proceeding pursuant to the Job Security Act.
B. Remedies shall be those available pursuant to the collective bargaining agreement or employer policies in place and applicable to the employee. An employee may apply for injunctive relief in any court of competent jurisdiction to enjoin an employer from taking action that will deny the employee the protection of the Job Security Act. An injunction filed pursuant to this section shall be in addition to all other remedies available to the employee at law or in equity.
Section 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2009.
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