Workplace Rights and Pregnancy Protection for Single Mothers in New Mexico
Workplace Rights & Pregnancy Protection for Single Mothers in New Mexico
Last updated: September 2025
This hub collects New Mexico–specific rules, contacts, and steps you can use right now. It covers pregnancy accommodations, pumping at work, paid sick leave, time off options, wage protections, safety, and how to file complaints without risking your job. It links you directly to the agencies that enforce these laws so you can move fast, verify details, and protect your income and health.
According to the federal Pregnant Workers Fairness Act, most employers with 15+ employees must provide reasonable accommodations for pregnancy and related conditions; New Mexico law also requires accommodations and bans pregnancy discrimination for employers with 4+ employees, and statewide paid sick leave covers prenatal visits and domestic-violence “safe leave.” See the federal overview at the EEOC PWFA page, New Mexico’s human rights complaint process at the NM Human Rights Bureau (HRB), and statewide paid sick leave guidance under the Healthy Workplaces Act. For pumping at work, start with the U.S. Department of Labor PUMP Act hub and New Mexico’s own Nursing Mothers in the Workplace statute. (eeoc.gov)
If You Only Do 3 Things — Emergency Actions to Take
- Ask for accommodations in writing now: Use PWFA language like “I have a pregnancy-related limitation and need adjustments,” then list what you need (extra bathroom breaks, water, light duty, time off for prenatal care). Include links to the EEOC PWFA explainer, a short list of EEOC examples, and New Mexico’s Human Rights Bureau intake. (eeoc.gov)
- Protect pay with paid sick leave today: You earn at least 1 hour per 30 hours worked and can use up to 64 hours per year for prenatal visits, illness, or safe leave if facing abuse. See state PSL FAQs, the HWA statute summary, and DWS’ note on safe leave reasons here. (dws.state.nm.us)
- Set up a private, non-bathroom pump space before you return: Under the federal PUMP Act and NM law, your employer must provide space and break time; time may be unpaid under federal law but NM law also applies. Share the DOL pump at work page, Fact Sheet #73A (Mar 2025), and the state’s NMSA 28-20-2. (dol.gov)
Quick Help Box — Numbers & Links to Keep Handy
- U.S. Department of Labor Wage & Hour (FMLA/PUMP/Breaks): Call 1-866-487-9243 or use Contact WHD; file or ask questions via How to File a Complaint; see WHD office list. (webapps.dol.gov)
- EEOC (Pregnancy/PWFA/Discrimination): Call 1-800-669-4000 or file through the EEOC Public Portal, and see the Phoenix District (serves NM). (eeoc.gov)
- New Mexico Human Rights Bureau (State Pregnancy/Lactation Rights): Call 1-800-566-9471 or 1-505-827-6838 and file at HRB intake; see Human Rights info. (dws.state.nm.us)
- New Mexico Wage & Hour / Paid Sick Leave: Call 1-505-841-4400 (Labor Relations Division), see Wage & Hour page, and review Healthy Workplaces Act resources. (dws.state.nm.us)
- New Mexico OSHA (safety during pregnancy): Call 1-505-476-8700, file concerns via OHSB Employee Complaint, and find field offices here. (env.nm.gov)
Who Protects You at Work in New Mexico?
Pregnancy protections run at both the federal and state level. You can use whichever law gives you the strongest result. The federal PWFA requires reasonable accommodations for pregnancy and related conditions from employers with 15+ employees, and the EEOC enforces it. Start with the EEOC PWFA guide, skim the EEOC final rule highlights, and save the press release for dates. Under state law, the New Mexico Human Rights Act (NMHRA) covers employers with 4+ employees and requires pregnancy accommodations; read the core definition of “employer” here, the unlawful practice section that names pregnancy here, and the governor’s 2020 signing note here. Filing deadlines in NM are generally 300 days with HRB; see HRB filing. (eeoc.gov)
The federal PUMP Act adds break time and a private space for pumping for up to one year after birth and now covers almost all workers; check the DOL PUMP hub, space requirements in Fact Sheet #73A (Mar 2025), and the EEOC’s combined explainer on time-and-place rights here. New Mexico’s lactation law requires a clean, private, non-bathroom space and flexible break times with no one-year limit; see the statute here and the state health program that helps employers set up spaces here. When state and federal rules differ, your employer must follow whichever offers stronger protection. (dol.gov)
New Mexico’s Healthy Workplaces Act (HWA) gives you paid sick leave (PSL) you can use for pregnancy care, prenatal appointments, and “safe leave” for domestic violence, sexual assault, or stalking. Read the official PSL guidance, the statute section that defines qualifying reasons here, and DWS’ HWA news posts with the safe-leave detail here. If an employer asks for documents after two or more days, the law lets you provide a doctor’s note for illness or a simple statement (or police/court record) for safe leave; see documentation rules. (dws.state.nm.us)
At-a-Glance Table — The Laws That Protect You
| Law | Who’s covered | What it gives you | Who enforces | Deadlines & notes |
|---|---|---|---|---|
| PWFA (federal) | Most employers with 15+ employees | Reasonable accommodations for pregnancy, childbirth, and related conditions | EEOC | File a charge within 300 days in NM; see PWFA guide and final rule summary. (eeoc.gov) |
| PUMP Act (federal) | Most employees (some rail/motorcoach workers are fully covered starting 12-29-2025) | Break time and private, non-bathroom space to pump; protections against retaliation | WHD | 2 years to claim; see EEOC pump‑rights explainer and Fact Sheet #73A (Mar 2025). (dol.gov) |
| NM Human Rights Act | Employers with 4+ employees | State pregnancy accommodations; bans discrimination and forced leave if another accommodation works | NM HRB (DWS) | File within 300 days; see NMHRA unlawful practices and employer definition. (dws.state.nm.us) |
| Healthy Workplaces Act | All private employers in NM | At least 1 hour PSL per 30 hours worked; up to 64 hours/year; includes safe leave | DWS LRD | See HWA FAQs & forms and reasons for leave. (dws.state.nm.us) |
| NM Nursing Mothers Law | All employers | Clean, private, non-bathroom space near work area; flexible break time | State resources | See statute 28‑20‑2 and city compliance examples ABQ admin. (nmhealth.org) |
How to Ask for a Pregnancy Accommodation (and Get It Documented)
Start by telling your employer—in plain words—that you have a pregnancy-related limitation and need a change at work. You don’t need to say “PWFA,” but using that word helps. The EEOC calls this simple back-and-forth the “interactive process.” Learn how to phrase requests using the EEOC’s PWFA explainer, check real examples like more bathroom breaks or a stool in the final rule highlights, and see the press release with effective dates here. In New Mexico, you can also cite the state’s rule that bans forcing you onto leave if another accommodation works; see NMHRA 28-1-7. (eeoc.gov)
Common, low-cost accommodations include extra breaks to drink water or eat, later start times due to morning sickness, light duty, telework, and time off for prenatal visits. The EEOC lists these as examples, and the state law backs them as reasonable when they don’t cause undue hardship. Review examples in the EEOC’s WYSK, the final rule summary, and the state’s Human Rights Bureau guidance. If your boss delays for no good reason, that can be its own violation under the PWFA. (eeoc.gov)
Here’s a quick script you can copy into email: “I have a pregnancy-related limitation and am requesting reasonable accommodations: a stool to sit on, permission to carry water, and additional 10-minute restroom breaks per 4 hours. These requests are under the federal Pregnant Workers Fairness Act and the New Mexico Human Rights Act.” For reference, attach the EEOC PWFA overview, the EEOC examples sheet, and the NMHRA section. (eeoc.gov)
Table — Request Timeline You Can Expect
| Step | What you do | Reasonable employer timeline | Where to get help |
|---|---|---|---|
| Request | Email or tell supervisor/HR the limitation and needed change | Respond promptly; unnecessary delay can violate PWFA | EEOC WYSK, HRB, SW Women’s Law Center (eeoc.gov) |
| Documentation | If needed, provide a simple note; no extra detail on diagnosis | Only reasonable documentation; often not needed for obvious needs | EEOC WYSK Q&A, HWA docs rule (eeoc.gov) |
| Decision | Employer proposes or accepts an effective accommodation | Shouldn’t impose leave if another accommodation works | NMHRA 28‑1‑7(K)-(L) (codes.findlaw.com) |
What to do if this doesn’t work: Call the EEOC at 1-800-669-4000 and open an intake via the Public Portal; or file with the state HRB at 1-800-566-9471 using the online inquiry. If you’re being pushed out or unpaid during medical leave, ask Wage & Hour at 1-866-487-9243 using Contact WHD. (eeoc.gov)
Pumping at Work: Time, Space, Pay, and Privacy
Federal law requires reasonable break time and a private space (not a bathroom), available when you need it, up to one year postpartum; New Mexico’s law requires a clean, private, non-bathroom space near your work area and flexible breaks without a one‑year limit. Read the DOL pump hub, review space requirements in Fact Sheet #73A (Mar 2025), and see the state statute 28-20-2. For joint federal/state guidance, use the EEOC’s Time and Place to Pump at Work. (dol.gov)
- Breaks may be unpaid under federal law for non‑exempt workers unless they’re 20 minutes or less and treated like other short breaks; claim pay rules with WHD if needed at WHD FAQs & fact sheets and Compensation basics. New Mexico’s statute says employers aren’t liable to pay extra beyond existing breaks, but federal wage rules still apply. See the state text here. (dol.gov)
- Employers must keep the area free from intrusion and shielded from view, including cameras and web meeting platforms; DOL spells this out in Fact Sheet #73A. For help designing a compliant space, ask the New Mexico Breastfeeding Task Force at (505) 395‑6455 and see the Health Department’s workplace initiative. (dol.gov)
What to do if this doesn’t work: Call WHD at 1‑866‑487‑9243 and follow the complaint steps; for discrimination or retaliation tied to pregnancy/lactation, open an EEOC intake at the Public Portal or call 1‑800‑669‑4000. (dol.gov)
Paid Sick Leave You Can Use for Pregnancy & Safety
You accrue PSL at least 1 hour per 30 hours worked and can use up to 64 hours per year for your medical care, prenatal visits, or family care. You can also use it for school meetings about your child’s health or disability. The state’s HWA page is here, the statute’s reasons list is here, and DWS’ safe‑leave detail is posted here. For long absences (2+ days), your employer can ask for reasonable documentation—see the rule here. (dws.state.nm.us)
If you’ve used your 64 hours and still need time, ask about unpaid leave or an adjusted schedule under the PWFA/NMHRA. You can also layer FMLA if your employer is covered (50+ employees, you worked 1,250 hours in the past year, and have 12 months with the employer). Learn FMLA basics in the Employee Guide and get help from WHD at Contact WHD. If you face domestic abuse, you also have a separate state right to take “domestic abuse leave”; see 50‑4A‑3 and benefit protection in 50‑4A‑5. (dol.gov)
What to do if this doesn’t work: If your employer blocks valid PSL use or punishes you for it, file a Healthy Workplaces complaint with DWS (see HWA complaint form) or call 1‑505‑841‑4400 (LRD) from the Wage & Hour page. If you’re denied FMLA, contact WHD at 1‑866‑487‑9243 using Contact WHD. (dws.state.nm.us)
Wages, Schedules, and Local Minimum Wage Notes
The statewide minimum wage in New Mexico is 12.00/hour(setbystatute)andremainsineffectin2025wherelocallawsaren’thigher.Seethestateposterpagenotingtherate[∗here∗](https://www.dws.state.nm.us/en−us/State−and−Federal−Posters),theMinimumWageActsection[∗here∗](https://law.justia.com/codes/new−mexico/chapter−50/article−4/section−50−4−22/),andAlbuquerque’s2025noticeshowingthestaterateprevails[∗here∗](https://www.cabq.gov/legal/albuquerque−minimum−wage−information).SantaFeCityandCountyarehigherasofMarch1,2025;seethecity’slivingwagenews[∗here∗](https://santafenm.gov/news/living−wage−rises−to−15−per−hour−in−santa−fe)andcountynotice[∗here∗](https://www.santafecountynm.gov/news/detail/santa−fe−county−announces−living−wage−increase−effective−march−1−2025).LasCrucesraiseditsminimumwageto12.00/hour (set by statute) and remains in effect in 2025 where local laws aren’t higher. See the state poster page noting the rate [*here*](https://www.dws.state.nm.us/en-us/State-and-Federal-Posters), the Minimum Wage Act section [*here*](https://law.justia.com/codes/new-mexico/chapter-50/article-4/section-50-4-22/), and Albuquerque’s 2025 notice showing the state rate prevails [*here*](https://www.cabq.gov/legal/albuquerque-minimum-wage-information). Santa Fe City and County are higher as of March 1, 2025; see the city’s living wage news [*here*](https://santafenm.gov/news/living-wage-rises-to-15-per-hour-in-santa-fe) and county notice [*here*](https://www.santafecountynm.gov/news/detail/santa-fe-county-announces-living-wage-increase-effective-march-1-2025). Las Cruces raised its minimum wage to 12.65 on January 1, 2025; see the city’s notice here and news post here. (dws.state.nm.us)
Table — 2025 New Mexico Minimum Wage Snapshot
| Location | General minimum | Tipped cash wage | Source |
|---|---|---|---|
| Statewide | $12.00 | $3.00 | DWS posters, statute 50‑4‑22 (dws.state.nm.us) |
| Albuquerque | $12.00 (state prevails) | $7.20 | City min‑wage info (cabq.gov) |
| Santa Fe City | $15.00 (from Mar 1, 2025) | see local rules | City news (santafenm.gov) |
| Santa Fe County | $15.00 (from Mar 1, 2025) | $4.50 base for tipped | County news (santafecountynm.gov) |
| Las Cruces | $12.65 (from Jan 1, 2025) | $5.06 | City notice (lascruces.gov) |
What to do if this doesn’t work: If your paycheck is short or your PSL isn’t paid correctly, file a state wage claim with DWS (see Wage Claim Procedures) or contact WHD at 1‑866‑487‑9243 using Contact WHD. For city-specific minimum wages, use your city’s page (e.g., Santa Fe living wage). (dws.state.nm.us)
Safety on the Job During Pregnancy
If chemicals, heat, lifting, or long shifts are risky in your job, report hazards and ask for accommodations. New Mexico OSHA takes confidential complaints at 1‑505‑476‑8700 using the employee complaint methods, and the state’s whistleblower page explains timelines if you face retaliation here. For employer help fixing hazards without fines (small businesses), share the NM OSHA Consultation program with your boss, and save the office list here. (env.nm.gov)
What to do if this doesn’t work: If your doctor says the work is unsafe and your employer won’t adjust duties, request a temporary suspension of an essential function under the PWFA, which the EEOC says can be reasonable “in the near future,” often measured in weeks. See the EEOC PWFA overview and final rule summary. If the hazard continues, file a safety complaint with NM OSHA using the employee form. (eeoc.gov)
Money Bridges While You’re Off Work
If you must leave a job due to pregnancy health orders or domestic violence, you may still qualify for Unemployment Insurance (UI) if you’re able and available for suitable work. NM law says you cannot be denied solely because of pregnancy and recognizes domestic abuse as good cause. See the UI FAQ with filing steps here, apply online at New Mexico Workforce Connection, and read the statute’s disqualification exceptions 51‑1‑7(A)(1)(a)-(b). File or ask by phone at 1‑877‑664‑6984. (dws.state.nm.us)
For health care and baby costs, check Medicaid and WIC. To apply or renew, use the state portal YES.NM, the Health Care Authority help line 1‑800‑283‑4465 at Contact HCA, and the Medicaid managed care info Turquoise Care. WIC offers food, lactation help, and more; call 1‑866‑867‑3124 via NM WIC and see clinic locations here. (hca.nm.gov)
New Mexico is also expanding child care support. As of press time, New Mexico is moving toward universal free child care announced to begin November 1, 2025, subject to funding and implementation timelines—verify current status before making plans. See coverage here and contact the Early Childhood Education & Care Department at 1‑800‑832‑1321 via ECECD Contact. For current child care assistance rules and how to apply, visit Child Care Assistance and the “Am I Eligible?” site linked there. Amounts and timelines can vary by county and funding—call to confirm. (apnews.com)
What to do if this doesn’t work: If Medicaid or SNAP is delayed, call HCA’s Consolidated Customer Service Center at 1‑800‑283‑4465 (HCA contact) and ask for an expedited review; for WIC waitlists or FMNP seasonal limits, call 1‑866‑867‑3124 at NM WIC. For legal help with benefits or wage issues, call New Mexico Legal Aid at 1‑833‑545‑4357 or the Volunteer Attorney Program at 1‑877‑266‑9861. (hca.nm.gov)
Real‑World Examples (What Works in NM)
- Retail cashier—morning sickness: Ask for a later start time for several weeks and permission to carry water. Use PWFA language from the EEOC WYSK, cite NMHRA’s no-forced-leave rule 28‑1‑7(K)-(L), and if needed cover bad days with PSL under the HWA. If denied, contact HRB. (eeoc.gov)
- Warehouse associate—lifting limits: Request a temporary suspension of heavy lifting or a reassignment under the PWFA; the EEOC notes that temporary suspension of an essential function can be reasonable. Read examples in the final rule summary, use paid sick leave for prenatal care HWA, and if the floor is unsafe, call NM OSHA. (eeoc.gov)
- Call center—postpartum pumping: Tell HR you need two 20‑minute pump sessions, a clean private room, and camera privacy. Share the DOL pump page, Fact Sheet #73A, and New Mexico’s 28‑20‑2. If denied, contact WHD. (dol.gov)
What to do if this doesn’t work: Loop in the EEOC Public Portal for discrimination and WHD for pump/pay violations. Keep copies of emails, time-off requests, and any write‑ups. (eeoc.gov)
Common Mistakes to Avoid
- Waiting too long to complain: EEOC/HRB deadlines can be as short as 300 days. Open an intake at the EEOC portal or with the HRB now. For wage and pump issues, call WHD. (eeoc.gov)
- Not using paid sick leave for prenatal care: HWA allows it. Read the HWA reasons and state FAQ. (codes.findlaw.com)
- Accepting a bathroom as a pump space: It’s illegal. Share DOL FS #73A and NM law 28‑20‑2. (dol.gov)
- Thinking you must be 100% disabled to get help: PWFA covers pregnancy limitations even if you’re not disabled. Read the EEOC WYSK and final rule highlights. (eeoc.gov)
“Reality Check” — Delays, Denials, & Shortages
- Agency backlogs: Expect 10–15 business days for non‑crisis WHD callbacks and longer for EEOC investigations; always ask for a callback window when you file via Contact WHD and the EEOC portal. For state PSL cases, response times depend on DWS workload; keep pay stubs and time records ready from Wage & Hour page. (webapps.dol.gov)
- Limited pump rooms: If your site is small, the law still requires a functional, private, non‑bathroom space. Share FS #73A and ask for temporary solutions (manager’s office with lock/signage). For design help, contact NM Breastfeeding Task Force. (dol.gov)
- Paid family leave confusion: New Mexico does not have statewide Paid Family & Medical Leave as of September 2025 (a 2024 bill failed). Verify updates and plan to combine HWA, PWFA accommodations, and FMLA if eligible. See AP coverage here. (apnews.com)
Quick Reference Cheat Sheet
- Accommodations: Use PWFA and NMHRA; file with EEOC or HRB. Keep doctor notes simple and focused on need. (eeoc.gov)
- Pumping: Ask for private, non-bathroom space; use DOL pump hub + NM 28‑20‑2. If refused, call WHD 1‑866‑487‑9243. (dol.gov)
- Paid Sick Leave: Track accrual (1/30) and use up to 64 hours/year; safe leave allowed. See HWA FAQ and reasons list. (dws.state.nm.us)
- Unsafe work: Contact NM OSHA or request a consultation for your employer here. (env.nm.gov)
- Benefits & child care: Apply at YES.NM; Medicaid help at 1‑800‑283‑4465 HCA contact; child care assistance at ECECD. (hca.nm.gov)
Application Checklist (Printable / Screenshot‑Friendly)
- Written request for accommodations: Email HR using PWFA/NMHRA language; attach EEOC PWFA explainer, and NMHRA section. (eeoc.gov)
- Doctor note (if needed): Keep it short; provide only what’s required under EEOC guidance and HWA documentation rules. (eeoc.gov)
- PSL records: Track hours accrued/used; save pay stubs as HWA proof using DWS PSL resources. (dws.state.nm.us)
- Pumping plan: Ask for room specs (private, not bathroom, camera‑free) with Fact Sheet #73A and NMSA 28‑20‑2. (dol.gov)
- Complaint options ready: EEOC portal link here, WHD complaint steps here, NM HRB intake here. (eeoc.gov)
Troubleshooting: If Your Application Gets Denied
- PWFA/NMHRA: Ask for the reason in writing and propose an alternative. Then contact the EEOC or the NM HRB. Keep emails, schedules, and any discipline notices. (eeoc.gov)
- PUMP Act: If you’re told “no space” or “no time,” call WHD at 1‑866‑487‑9243 and file via How to File a Complaint. Save photos of the space offered and your pump log. Also cite NM’s 28‑20‑2. (dol.gov)
- HWA paid sick leave: If denied or disciplined for using PSL, submit a complaint from the DWS HWA page and consider legal help from New Mexico Legal Aid. (dws.state.nm.us)
Diverse Communities — Tailored Help and Notes
- LGBTQ+ single mothers: Cite PWFA and NMHRA’s protections against sex and gender identity discrimination when you request accommodations; see EEOC charge process and New Mexico’s Human Rights Act section. For community legal support and policy updates, contact the Southwest Women’s Law Center and immigrant worker advocacy through Somos Un Pueblo Unido. (eeoc.gov)
- Single mothers with disabilities or disabled children: Use HWA for medical visits and school disability meetings, spelled out in 50‑17‑3(C)(3). For ADA/FMLA intersections, call WHD at 1‑866‑487‑9243 via Contact WHD, and consider state HRB help here. (codes.findlaw.com)
- Veteran single mothers: If you leave work to relocate due to a spouse’s military orders, you may still qualify for UI; see 51‑1‑7(A)(1)(c). For health benefits and child care support, pair YES.NM with ECECD Child Care Assistance. (codes.findlaw.com)
- Immigrant/refugee single moms: You’re protected regardless of status for wage and discrimination laws. File with WHD or EEOC. Community groups can help with language and advocacy: Somos Un Pueblo Unido and Catholic Charities of Southern New Mexico. (dol.gov)
- Tribal communities: For on‑reservation issues or services, contact DNA People’s Legal Services (Farmington) at 1‑505‑325‑8886, coordinate with the NM Indian Affairs Department at 1‑505‑476‑1600, and use WIC tribal contacts as needed. Employment claims in off‑reservation workplaces follow state/federal rules—file at EEOC or HRB. (probono.net)
- Rural single moms: If your employer says there’s “no room” to pump, the law still requires a private, functional space. Use FS #73A, and ask the NM Breastfeeding Task Force for a low-cost setup plan. For HWA questions or remote posting requirements, see the PSL guidance. (dol.gov)
- Single fathers: Many of these rights (PSL, PUMP if lactating, FMLA bonding) apply regardless of marital status or gender; learn bonding rules in the FMLA Employee Guide and use HWA. For discrimination, file with EEOC. (dol.gov)
- Language access & accessibility: Ask for large‑print documents and interpreters. EEOC and WHD provide interpreters; contact EEOC and WHD. For Relay, dial 7‑1‑1 as noted on WHD’s contact page. (eeoc.gov)
What to do if this doesn’t work: Ask for an accommodation to the process itself (e.g., a phone interview or interpreter) under PWFA/NMHRA. If refused, escalate with EEOC or HRB. (eeoc.gov)
Resources by Region — Where to Call First
- Albuquerque — Workplace Rights Help: Use WHD’s local office (listed on the DWS page, 505‑248‑6100), report PSL issues at the LRD Wage & Hour page, and get domestic‑violence support from the city’s list here. For lactation room planning, the NM Breastfeeding Task Force can help. (dws.state.nm.us)
- Santa Fe — Workplace Rights Help: Minimum wage info is posted here; for discrimination filing, use HRB and EEOC portal; for immigrant worker organizing, contact Somos Un Pueblo Unido. (santafenm.gov)
- Las Cruces (Doña Ana) — Workplace Rights Help: City minimum wage is $12.65 in 2025; for urgent safety or DV safe leave, call La Casa, Inc. at 1‑575‑526‑2819; for immigration and family services, call Catholic Charities of Southern NM at 1‑575‑527‑0500. Use state PSL and filing links at the HWA resource page. (lascruces.gov)
- Farmington / San Juan — Workplace Rights Help: For tribal and border‑town workers, call DNA People’s Legal Services (Farmington) at 1‑505‑325‑8886; file discrimination with HRB and EEOC. For OSHA field support, see OHSB office list. (probono.net)
- Statewide legal help: Call New Mexico Legal Aid at 1‑833‑545‑4357 or the Volunteer Attorney Program at 1‑877‑266‑9861. For language‑specific and immigrant worker organizing, contact Somos Un Pueblo Unido. (newmexicolegalaid.org)
What to do if this doesn’t work: If phones are busy, use online forms: WHD inquiry form, EEOC Public Portal, and DWS’ online wage claim/PSL complaint from the Wage & Hour and HWA pages. (dws.state.nm.us)
FAQs — New Mexico, Pregnancy, and Work (10 detailed answers)
- Do I need a doctor’s note to get pregnancy accommodations?
Usually no. You only need to say you have a pregnancy-related limitation and need a change. Employers can request reasonable documentation in some cases, but the EEOC lists many situations where they should not. See EEOC WYSK Q&A, final rule highlights, and HRB information. (eeoc.gov) - Can my boss force me to take unpaid leave instead of giving me light duty?
No, not if another reasonable accommodation exists. NMHRA forbids forcing leave when a reasonable accommodation would work. See NMHRA section 28‑1‑7(L) and EEOC PWFA page. (codes.findlaw.com) - How do pumping breaks affect my pay?
Under federal law, pump breaks can be unpaid if they’re longer than the employer’s paid break policy. Short paid breaks must be paid equally. Learn the rules at DOL PUMP hub, FS #73A, and general pay guidance here. NM law still requires a private space and flexible breaks: 28‑20‑2. (dol.gov) - Can I use paid sick leave for prenatal care and my child’s therapy appointments?
Yes. HWA covers your care and your family’s care, plus school health/disability meetings. See 50‑17‑3(C) and the DWS HWA resources. (codes.findlaw.com) - What if I need time off for miscarriage or abortion care?
The EEOC’s PWFA regulations treat many pregnancy‑related conditions (like miscarriage) as covered; time off can be a reasonable accommodation. For abortion‑related time off, the EEOC’s final rule interprets it as a potential pregnancy-related condition—check the EEOC WYSK and confirm with the EEOC. If your employer refuses, file with EEOC. (eeoc.gov) - My employer says there’s nowhere to pump—can they make me use my car?
No. The space must be shielded from view and free from intrusion, and a bathroom is not allowed. Temporary spaces (e.g., a manager’s office) are fine if available when you need them. See FS #73A and EEOC pump rights. NM law also requires a clean, private, non‑bathroom space; see 28‑20‑2. (dol.gov) - How do I file a confidential wage or pump complaint?
Call WHD at 1‑866‑487‑9243 (interpreters available) and follow How to File a Complaint. Your identity is protected. For state PSL wage issues, use DWS’ Wage & Hour page. (dol.gov) - Is there Paid Family & Medical Leave in NM?
Not statewide as of September 2025 (a 2024 bill failed). Use HWA, PWFA accommodations, and FMLA if eligible. See AP reporting here and the FMLA Employee Guide. (apnews.com) - Can I get unemployment if I quit for pregnancy health reasons or domestic abuse?
Possibly. NM law says you can’t be denied UI solely due to pregnancy and recognizes domestic abuse as good cause. See 51‑1‑7(A)(1)(a)-(b) and file via the UI FAQ. Call 1‑877‑664‑6984. (codes.findlaw.com) - What signs of retaliation should I track?
Schedule cuts, write‑ups, or shift changes right after you request accommodations, pump, or use PSL can be retaliation. Document everything and contact EEOC, HRB, or WHD. (eeoc.gov)
County & City Variations That Matter
- Santa Fe (City/County): $15.00 living wage from March 1, 2025; confirm tipped rules on each site. See city news here and county announcement here. PSL and PWFA rights are the same statewide. (santafenm.gov)
- Albuquerque: City minimum wage is lower than the state in 2025, so the state’s $12.00 applies. See Albuquerque minimum wage page and state poster. PSL and PWFA protections apply as above. (cabq.gov)
- Las Cruces: Local minimum wage is $12.65 in 2025. See city notice. PSL, PWFA, PUMP apply statewide. (lascruces.gov)
What to do if this doesn’t work: If your paycheck doesn’t reflect the correct local rate, file with DWS Wage & Hour and attach the local city link (e.g., Santa Fe). (dws.state.nm.us)
Tables You Can Use With HR
Table — What Counts as a “Reasonable Accommodation”
| Need | Example fix | Legal hook | Link to share |
|---|---|---|---|
| Morning sickness | Later start time or extra short breaks | PWFA/NMHRA | EEOC PWFA guide, NMHRA 28-1-7 (eeoc.gov) |
| Swelling or back pain | Permission to sit/stand as needed; stool at register | PWFA/NMHRA | EEOC examples (eeoc.gov) |
| Prenatal care | Time off for appointments (use PSL) | HWA + PWFA | HWA reasons, EEOC WYSK (codes.findlaw.com) |
| Pumping | Private room, lock/sign, no cameras | PUMP + NM law | DOL pump hub, NMSA 28‑20‑2 (dol.gov) |
Table — Fast Filing Directory
| Topic | Where to file | Phone | Link |
|---|---|---|---|
| Pregnancy accommodations | EEOC or HRB | EEOC 1‑800‑669‑4000; HRB 1‑800‑566‑9471 | EEOC portal, HRB intake (eeoc.gov) |
| Pumping/pay/breaks | U.S. DOL WHD | 1‑866‑487‑9243 | File with WHD (dol.gov) |
| Paid Sick Leave/HWA | DWS Labor Relations | 1‑505‑841‑4400 | HWA page & forms (dws.state.nm.us) |
| Safety hazards | NM OSHA | 1‑505‑476‑8700 | Employee complaint options (env.nm.gov) |
Table — Leave & Time Off Options
| Situation | Tool to use | How to apply | Link |
|---|---|---|---|
| Prenatal visits | HWA paid sick leave | Ask to use PSL; employer can’t require other leave first | HWA FAQ (dws.state.nm.us) |
| Recovery from childbirth | PWFA time off as accommodation; FMLA if eligible | Request PWFA leave and/or FMLA | EEOC WYSK, FMLA guide (eeoc.gov) |
| Domestic violence | HWA safe leave + Domestic Abuse Leave | Ask HR; provide minimal docs if >2 days | HWA docs rule, 50‑4A‑3 (codes.findlaw.com) |
Local Organizations, Charities, Churches & Support
- New Mexico Legal Aid: Free civil legal help for income‑eligible families; statewide intake 1‑833‑545‑4357 at NMLA. For one‑time advice, see Volunteer Attorney Program. (newmexicolegalaid.org)
- Southwest Women’s Law Center: Policy and legal advocacy focused on women’s economic security and pregnant worker rights; contact SWLC. For immigrant worker organizing, see Somos Un Pueblo Unido. (swwomenslaw.org)
- Domestic violence hotlines and shelter: In Las Cruces, La Casa, Inc. hotlines 1‑575‑526‑2819 and 1‑575‑526‑9513; in Albuquerque, see the city resource list here and the state‑funded provider list here. (lacasainc.org)
- Catholic Charities of Southern New Mexico: Immigration and family support; call 1‑575‑527‑0500 at CCSNM. For tribal legal support, contact DNA People’s Legal Services (Farmington). (catholiccharitiesusa.org)
What to do if this doesn’t work: If you can’t reach anyone, call 988 for crisis support and ask for a warm hand‑off to local services, then retry your local program’s main number and the HCA line at 1‑800‑283‑4465 for benefit navigation. (hca.nm.gov)
How to Stop Utility Shutoff in New Mexico Today (if missing work has you behind)
Use HWA safe leave to attend court or apply for help. Start at YES.NM for LIHEAP energy help (call 1‑800‑283‑4465 at HCA contact), ask your city utility for a payment plan, and call your local legal aid at NMLA if you get a shutoff notice. Keep wage and PSL claims moving via the Wage & Hour page. (hca.nm.gov)
Spanish Summary — Resumen en Español
Esta traducción fue producida con herramientas de IA. Verifique la información en los sitios oficiales enlazados.
- Embarazo y ajustes en el trabajo (PWFA/NMHRA): La ley federal exige “acomodos razonables” para embarazo y condiciones relacionadas; la ley estatal de NM también protege y prohíbe obligar a tomar licencia si hay otro acomodo. Vea EEOC PWFA, Presentar queja EEOC, y Derechos estatales (HRB). (eeoc.gov)
- Lactancia en el trabajo (PUMP + NM): Tiene derecho a tiempo y un lugar privado (no baño). Revise DOL PUMP, FS #73A, y la ley estatal 28‑20‑2. Para quejas, llame a 1‑866‑487‑9243 (WHD). (dol.gov)
- Licencia por enfermedad pagada (HWA): Acumula 1 hora por cada 30 horas trabajadas; puede usar hasta 64 horas/año para citas prenatales, su salud o la de su familia y “safe leave” por violencia doméstica. Vea HWA y razones 50‑17‑3(C). (dws.state.nm.us)
- Beneficios y cuidado infantil: Solicite en YES.NM; Medicaid/Turquoise Care 1‑800‑283‑4465 HCA; asistencia de cuidado infantil en ECECD. (hca.nm.gov)
- Ayuda legal: New Mexico Legal Aid 1‑833‑545‑4357; SW Women’s Law Center; Somos Un Pueblo Unido. (newmexicolegalaid.org)
About This Guide
Compiled by the ASingleMother.org Editorial Team.
This guide uses official sources including:
- U.S. Equal Employment Opportunity Commission (EEOC)
- U.S. Department of Labor, Wage & Hour Division (WHD)
- New Mexico Department of Workforce Solutions (DWS)
- New Mexico Human Rights Bureau (HRB)
- New Mexico Early Childhood Education & Care Department (ECECD)
- New Mexico Health Care Authority (HCA)
- New Mexico OSHA (OHSB)
Last verified September 2025, next review April January 2026.
This guide is produced based on our Editorial Standards using only official sources, regularly updated and monitored, but not affiliated with any government agency and not a substitute for official agency guidance. Individual eligibility outcomes cannot be guaranteed. Please note that despite our careful verification process, errors may still occur – email info@asinglemother.org with corrections and we respond within 72 hours.
Disclaimer
This article provides general information, not legal advice. For advice about your situation, contact a licensed New Mexico attorney or the agencies linked in this guide. When applying for benefits or filing complaints, timelines and outcomes change by county, funding, and individual facts—call to confirm current availability before applying. For emergencies, dial 911; for crisis help, call or text 988.
🏛️More New Mexico Resources for Single Mothers
Explore all assistance programs in 34 categories available in New Mexico
- 📋 Assistance Programs
- 💰 Benefits and Grants
- 👨👩👧 Child Support
- 🌾 Rural Single Mothers Assistance
- ♿ Disabled Single Mothers Assistance
- 🎖️ Veteran Single Mothers Benefits
- 🦷 Dental Care Assistance
- 🎓 Education Grants
- 📊 EITC and Tax Credits
- 🍎 SNAP and Food Assistance
- 🔧 Job Training
- ⚖️ Legal Help
- 🧠 Mental Health Resources
- 🚗 Transportation Assistance
- 💼 Job Loss Support & Unemployment
- ⚡ Utility Assistance
- 🥛 WIC Benefits
- 🏦 TANF Assistance
- 🏠 Housing Assistance
- 👶 Childcare Assistance
- 🏥 Healthcare Assistance
- 🚨 Emergency Assistance
- 🤝 Community Support
- 🎯 Disability & Special Needs Support
- 🛋️ Free Furniture & Household Items
- 🏫 Afterschool & Summer Programs
- 🍼 Free Baby Gear & Children's Items
- 🎒 Free School Supplies & Backpacks
- 🏡 Home Buyer Down Payment Grants
- 🤱 Postpartum Health & Maternity Support
- 💼 Business Grants & Assistance
- 🛡️ Domestic Violence Resources & Safety
- 💻 Digital Literacy & Technology Assistance
- 🤱 Free Breast Pumps & Maternity Support
- 📈 Credit Repair & Financial Recovery
