Albuquerque Paid Sick Leave - Small Employer Exemptions

Labor and Employment New Mexico 3 Minutes Read · published February 08, 2026 Flag of New Mexico

In Albuquerque, New Mexico, employers and managers must know whether local rules require paid sick leave or allow exemptions for small employers. This guide summarizes how to determine exemption status, what documentation to keep, and what enforcement or penalties apply under current municipal sources. The Albuquerque Municipal Code does not show a city-paid sick leave mandate in the searchable code of ordinances; always confirm updates with the official code search: Albuquerque Municipal Code - Code of Ordinances[1]

Scope & Applicability

At present there is no separate Albuquerque municipal paid sick leave ordinance listed in the city code search linked above. That means employers should:

  • Confirm whether state law or federal rules apply to their workplace.
  • Document employee counts, work locations, and payroll records that determine coverage.
  • Contact the appropriate city or state office for any local enforcement questions.

Penalties & Enforcement

Because an Albuquerque municipal paid sick leave requirement is not listed in the municipal code search cited above, specific fines, escalation, and administrative sanctions tied to a city paid-sick ordinance are not specified on the cited page. Employers should verify whether state or federal requirements apply to avoid wage-and-hour liabilities.

If you rely on an exemption, keep written records showing why it applies.

Where a paid-sick requirement exists at the city or state level, typical enforcement elements to confirm include:

  • Monetary fines and back-pay remedies — amounts not specified on the cited page.
  • Escalation for repeat or continuing violations — not specified on the cited page.
  • Non-monetary orders such as reinstatement, compliance notices, or injunctive relief — not specified on the cited page.
  • Complaint intake and inspection channels are usually run by the enforcing office; check the enforcing agency if an ordinance is adopted.

Applications & Forms

No specific city application or exemption form for paid sick leave is published in the Albuquerque Municipal Code search result cited above; if a local ordinance is enacted, the enforcing department will publish forms and filing instructions.

Common Violations

  • Failing to provide paid sick time when required (penalties not specified on the cited page).
  • Incorrectly claiming a small-employer exemption without documentation.
  • Failure to pay owed wages or accrued leave on termination.

Action Steps for Small Employers

  • Count employees consistently (full-time equivalents) and document the method.
  • Create written policies explaining any exempt status and distribute to staff.
  • When in doubt, request a formal determination from the relevant enforcing office or seek legal counsel.

FAQ

Are small employers in Albuquerque exempt from paid sick leave?
No Albuquerque municipal paid sick leave ordinance appears in the municipal code search cited above; exemption status depends on the applicable city or state law and is not specified on the cited page.
How do I count employees to determine exemption?
Count employees using the method specified by the controlling law (commonly full-time equivalents); keep payroll records and a written calculation for audit or complaint purposes.
Where do I file a complaint about unpaid sick leave?
If a local ordinance exists, file with the enforcing city office; otherwise, state wage-and-hour agencies handle many wage and leave complaints.

How-To

  1. Check the Albuquerque Municipal Code and any state law to confirm whether paid sick leave applies to your business.
  2. Calculate employee counts and document eligibility or exemption rationale in writing.
  3. Adopt a clear internal policy and provide written notice to employees about rights and accruals.
  4. If a dispute arises, contact the enforcing agency or state workforce/wage office for guidance or to file a complaint.

Key Takeaways

  • Albuquerque's searchable municipal code does not list a city paid sick leave ordinance as of the cited search.
  • Small employers should keep precise employee-count documentation and a written policy describing any claimed exemption.

Help and Support / Resources

  1. [1] City of Albuquerque Municipal Code - Code of Ordinances

Categories

General Governance and Administration Public Safety Public Health and Welfare Land Use and Zoning Housing and Building Standards Transportation Environmental Protection Parks and Public Spaces Business and Consumer Protection Taxation and Finance Labor and Employment Education Civil Rights and Equity Elections and Campaign Finance Events and Special Uses Signs and Advertising Utilities and Infrastructure Technology and Data