New Mexico Paid Leave Bill Clears First Senate Committee

House Sponsor Rep. Christine Chandler

By NATHAN BROWN
The Santa Fe New Mexican

A bill to extend paid time off to more New Mexico workers took a step closer to becoming law Saturday.

The Paid Family and Medical Leave Act passed out of the Senate Tax, Business and Transportation Committee on a 6-4 party-line vote. It now heads to the Senate Finance Committee, which approved last year’s version of the bill.

Paid leave advocates have been pushing for years to create a state-run program. Last year’s bill passed the Senate before failing narrowly in the House. This year’s bill started in and has already passed the House, where a handful of more conservative Democrats who opposed the bill last year either stepped down or lost their primary races in June.

“House Bill 11 is a uniquely New Mexican version of paid family and medical leave,” Rep. Christine Chandler, D-Los Alamos, the bill’s House sponsor, told the Senate committee Saturday.

The first component of the bill, which Chandler likened to an insurance program, would create a fund paid for by premiums on both employers and employees to pay for six weeks of paid leave for workers who get sick or need to take time off for listed reasons such as domestic violence or grieving a lost child.

The second component would create the “Welcome Child Fund” to pay new parents $3,000 a month for up to three months to take time off for a newborn or just-adopted child.

“It’s unique and it’s different, but I think we feel very fortunate we have strong revenues in our Early Childhood [Education and Care] Department” to pay for it, Chandler said.

“I think it’ll be a great boon for us in the state to be supporting families that are having new children,” she added.

The Senate committee made a few mostly technical tweaks to the bill, meaning that if the Senate passes it, the House will need to agree to the changes before it goes to Gov. Michelle Lujan Grisham’s desk.

The six weeks of nonparental leave is a change from previous iterations of the bill. Last year’s bill would have provided for 12 weeks’ leave, and an initial version this year provided for nine weeks.

The public hearing looked similar to others that have been held on the bill over the past couple of years, with supporters saying it would help families with children or who are struggling with medical emergencies and opponents worrying it would drive up costs for businesses that will struggle to replace people who take leave.

Bernadette Hardy, with NM Native Vote, said she lost her job when she had to take time off to give birth to her son. Shortly thereafter, her mother was diagnosed with Stage 4 breast cancer and died. With no income, Hardy and her infant son were left homeless.

“I share my story because people should not be left in poverty because of an unforeseen tragedy,” she said.

A few supporters of paid leave called on lawmakers to amend the bill to increase the amount of paid medical leave back to nine weeks. Lan Sena, director of the Center for Civic Policy and a cancer survivor, said six weeks is not enough for someone to get a transplant or treatment.

“We are being hit the hardest during our darkest times,” Sena said.

Carla Sonntag, president and CEO of the New Mexico Business Coalition, said many employees as well as employers oppose the bill.

“Many of them don’t want to be taxed right now,” she said. “They need the money to feed their families.”

Representatives of other business groups who spoke against the bill noted the particular difficulties sectors such as construction and agriculture have in replacing an employee who goes on leave.

“It isn’t fair to the 8,500 agricultural employees in New Mexico who would have to pay into the program to subsidize it but never receive any benefit because they work less than 150 days a year,” said Tom Patterson, president-elect of the New Mexico Cattle Growers’ Association.

George Gunnery, the owner of Tomasita’s restaurant, said he supported the parental leave component, but “overall HB 11 is too burdensome and too big on our family-owned businesses, businesses that are currently struggling.”

Gundrey said more established businesses like his would be able to adjust by raising prices or holding off on employee raises, but newer ones would struggle. He said the bill sends the wrong message to people looking to start a business: “You are better off leaving the state and starting your business where small businesses are more supported and more appreciated.”

Chandler said 13 states and Washington, D.C., have similar programs and haven’t experienced the “doomsday scenarios” she heard from commenters and Republican lawmakers.

“I think to expect that our businesses would go under really doesn’t give enough credit to New Mexico businesses,” she said.

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