SENATE BILL 188

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Mimi Stewart

 

 

 

 

 

AN ACT

RELATING TO PUBLIC SCHOOLS; ENACTING THE PAID PARENTAL LEAVE FOR QUALIFIED SCHOOL EMPLOYEES ACT; PROVIDING UP TO TWELVE WEEKS OF PAID PARENTAL LEAVE TO QUALIFIED EMPLOYEES OF SCHOOL DISTRICTS OR CHARTER SCHOOLS; PROVIDING FOR REIMBURSEMENTS TO SCHOOL DISTRICTS OR CHARTER SCHOOLS THAT PROVIDE PARENTAL LEAVE; PROVIDING FOR RULES; MAKING AN APPROPRIATION.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Paid Parental Leave for Qualified School Employees Act"."

     SECTION 2. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] DEFINITIONS.--As used in the Paid Parental Leave for Qualified School Employees Act:

          A. "employer" means a school district or charter school;

          B. "parental leave" means the paid leave that may be used by a qualified employee;

          C. "period of parental leave" means the time frame during which a qualified employee uses parental leave received pursuant to the Paid Parental Leave for Qualified School Employees Act;

          D. "qualified employee" means a full-time employee

of a school district or charter school who has been employed for at least fifty-two consecutive weeks immediately preceding the commencement of parental leave and who meets the eligibility requirements established by department rule; and

          E. "qualifying event" means the occurrence of:

                (1) the birth or adoption of a qualified employee's child; or

                (2) the foster care placement of a child in the custody of a qualified employee."

     SECTION 3. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] PARENTAL LEAVE--QUALIFIED EMPLOYEE--USE--NO ACCRUAL--NO VALUE--NO PAYOUT.--

          A. A qualified employee may receive up to twelve weeks of parental leave within a consecutive fifty-two-week period that begins on the date of the occurrence of the qualified employee's first qualifying event, and the parental leave shall be used:

                (1) within that fifty-two-week period; and

                (2) consecutively by week; except that if the qualified employee is a foster parent, the qualified employee may request and receive approval to use parental leave in non-consecutive one-week periods.

          B. Parental leave is paid leave, and the time accrued during a period of parental leave shall count toward a qualified employee's years of service.

          C. Parental leave has no cash value, and a qualified employee's unused parental leave shall not be:

                (1) paid out to the qualified employee upon the employee's separation from employment;

                (2) used in the calculation of the qualified employee's retirement benefits; or

                (3) reserved or saved for future qualifying events, except for a qualified employee who is a foster parent who may have multiple qualifying events within a fifty-two-week period.

          D. A holiday or vacation day provided on an employer's calendar that occurs during a qualified employee's period of parental leave shall not be included as part of the parental leave.

          E. If the approved period of parental leave extends beyond a qualified employee's contractual term of employment, the employer of the qualified employee shall allow use of the parental leave to continue under the qualified employee's subsequent contractual term, if any, or until separation of employment.

          F. A qualified employee shall not be required to exhaust any other accrued leave before requesting or using parental leave, and parental leave shall not be counted to reduce the total amount of leave to which the qualified employee is otherwise entitled pursuant to contract, policy, collective bargaining agreement or other law; provided, however, that an employer subject to the federal Family and Medical Leave Act of 1993 may require the employee's parental leave to run concurrently with leave used under that act.

          G. A qualified employee who uses parental leave shall be paid in full for regular pay during the period of parental leave.

          H. During a period of parental leave, the employer of a qualified employee shall maintain health insurance coverage for the qualified employee and pay the employer's share of the health insurance premiums under the same terms that would apply if the qualified employee was not using parental leave, and the qualified employee shall remain responsible for paying the employee's share of the health insurance premiums.

          I. Nothing in the Paid Parental Leave for Qualified School Employees Act shall be construed to prohibit an employer from providing other benefits to a qualified employee."

     SECTION 4. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] RETURN TO WORK AFTER LEAVE.--

          A. After a period of parental leave, a qualified employee shall be:

                (1) restored to the position held when the parental leave was commenced; or

                (2) placed in an equivalent position with the same or greater benefits, wages and other terms and conditions of employment.

          B. Nothing in this section shall be construed to entitle a restored qualified employee to a right to any benefit or position of employment other than the benefit or position the qualified employee would have been entitled to had the qualified employee not used parental leave.

          C. Certification or training required by an employer as a condition of employment may remain in place and applicable to a qualified employee who uses parental leave; provided that nothing in this subsection shall supersede another provision of law or a collective bargaining agreement that governs the qualified employee's return to work after using parental leave."

     SECTION 5. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] DEPARTMENT--EMPLOYER--REIMBURSEMENT PROCESS.--The department shall develop and administer a reimbursement process for employers that provide parental leave pursuant to the Paid Parental Leave for Qualified School Employees Act. The department shall fully reimburse an employer for eligible costs incurred in providing parental leave to qualified employees. Eligible costs shall be determined by rule of the department and shall, at a minimum, include the costs of substitute educators or others required to perform the duties of a qualified employee during a period of parental leave."

     SECTION 6. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] EMPLOYERS--SCHOOL DISTRICTS AND CHARTER SCHOOLS--DEPARTMENT GUIDANCE.--

          A. With guidance from the department, each employer shall establish and distribute written guidelines governing application for and approval and administration of parental leave, including notice and documentation requirements.

          B. Each employer shall annually submit to the department a report containing information on the parental leave awarded to and used by the employer's qualified employees. In the report, the employer shall provide:

                (1) for each qualified employee who received parental leave, the demographic characteristics of the qualified employee, including age, gender, race and ethnicity, and the duration of parental leave used;

                (2) a description of the employer's outreach and communication efforts to inform employees about the availability of parental leave for qualified employees; and

                (3) any feedback received related to parental leave that could improve employee recruitment or retention."

     SECTION 7. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] ANNUAL REPORT.--

          A. The department shall compile and submit an annual report that includes:

                (1) the projected and actual participation of qualified employees requesting or using parental leave;

                (2) the demographics, characteristics and duration of periods of parental leave as reported by employers pursuant to Section 6 of the Paid Parental Leave for Qualified School Employees Act;

                (3) any survey results from employees or employers regarding the impact of parental leave;

                (4) administrative costs incurred and reimbursement costs paid by the department for providing parental leave; and

                (5) analysis of the impact on employee recruitment or retention directly associated with providing parental leave.

          B. The report required pursuant to this section shall be transmitted to the governor, the secretary and the legislative finance committee and shall promptly be made publicly available on the department's website."

     SECTION 8. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] RULE ADOPTION.--By August 1, 2026, the department shall adopt rules necessary to establish eligibility requirements for parental leave, to develop and administer a reimbursement process for employers that provide parental leave and to implement and administer all other provisions of the Paid Parental Leave for Qualified School Employees Act."

     SECTION 9. APPROPRIATION.--Seven million five hundred thousand dollars ($7,500,000) is appropriated from the general fund to the public education department for expenditure in fiscal year 2027 and subsequent fiscal years to carry out the provisions of the Paid Parental Leave for Qualified School Employees Act, including reimbursing school districts or charter schools for eligible costs for substitutes for educators or other qualified employees. Any unexpended balance remaining at the end of a fiscal year shall not revert to the general fund.

     SECTION 10. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2026.

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