EMPLOYEE HANDBOOK

(New Mexico – Comprehensive, Statutorily-Compliant Template)

[// GUIDANCE:
• This template is drafted for private-sector employers operating principally in New Mexico.
• Bracketed text — e.g., [COMPANY NAME] — must be customized before release.
• State and federal employment laws change regularly; conduct a final compliance review prior to publication.
• This handbook is not a contract of employment and preserves the employer’s right to modify policies prospectively.
]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
    A. Employment Relationship (At-Will Statement)
    B. Equal Employment Opportunity & Anti-Harassment
    C. Wage & Hour Compliance
    D. Working Hours, Timekeeping & Breaks
    E. Leave & Time-Off Policies
    F. Employee Conduct & Workplace Standards
    G. Benefits & Payroll Practices
    H. Health, Safety & Security
    I. Technology, Confidentiality & Data Security
    J. Performance Management & Discipline
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies (Disciplinary Procedures)
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block (Employee Acknowledgment)

I. DOCUMENT HEADER

Employee Handbook of [COMPANY NAME]
Effective Date: [EFFECTIVE DATE]
Primary Place of Business: [NM BUSINESS ADDRESS]

Recitals:
This Employee Handbook (the “Handbook”) sets forth the employment-related policies, rules, and guidelines of [COMPANY NAME] (the “Company”) applicable to all employees working within the State of New Mexico. Consideration for the mutual promises herein is acknowledged by each Employee’s continuation of employment on or after the Effective Date.

Governing Law: New Mexico state employment law and applicable federal law.
Forum Selection: Exclusive jurisdiction in the state courts located in [COUNTY, NM].

II. DEFINITIONS

For ease of reference, capitalized terms have the meanings set forth below. Undefined capitalized terms shall have their ordinary business meaning.

“At-Will Employment” – A relationship in which either the Company or the Employee may terminate employment at any time, with or without cause or advance notice, subject to applicable law.

“Company Property” – All tangible and intangible property, including equipment, documents, electronic data, and intellectual property owned, licensed, or otherwise controlled by the Company.

“Eligible Employee” – An Employee who meets the eligibility criteria specified in a particular policy (e.g., benefits, leave).

“Employee” – Any individual on the Company’s payroll who is classified as a regular full-time, regular part-time, temporary, or seasonal worker, excluding independent contractors.

“Handbook” – This Employee Handbook, as amended from time to time.

“Immediate Family Member” – A spouse, domestic partner, child, parent, sibling, grandparent, grandchild, or any individual residing in the Employee’s household who is related by blood or affinity.

III. OPERATIVE PROVISIONS

A. Employment Relationship (At-Will Statement)

1. The Company maintains an At-Will Employment relationship with all Employees, except where a separate, duly authorized written agreement provides otherwise.
2. No verbal statements or conduct shall be construed to alter the At-Will nature of employment.
3. This Handbook is not, and shall not be construed as, an employment contract.

B. Equal Employment Opportunity & Anti-Harassment

1. Policy Statement
   a. The Company is committed to providing equal employment opportunities without regard to race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, ancestry, age, disability, genetic information, veteran status, spousal affiliation, serious medical condition, or any other status protected by New Mexico or federal law.
   b. Discrimination, harassment, or retaliation against any Employee or applicant is strictly prohibited.
2. Complaint Procedure
   a. Employees should report concerns to [HR TITLE] or via the anonymous hotline [HOTLINE NUMBER].
   b. Investigations will be prompt, impartial, and confidential to the extent possible.
3. Anti-Retaliation
   Retaliation against individuals who make good-faith reports or participate in investigations is strictly prohibited and constitutes a separate violation.

C. Wage & Hour Compliance

1. Minimum Wage
   The Company pays no less than the greater of the New Mexico statewide minimum wage or applicable local minimum wage ordinances.
2. Overtime
   Non-exempt Employees are paid at one-and-one-half times their regular rate for hours worked over 40 in a workweek. Advance supervisory approval is required for overtime.
3. Paydays & Wage Statements
   a. Pay frequency: [WEEKLY/BI-WEEKLY/SEMI-MONTHLY].
   b. Itemized wage statements are provided each pay period.
4. Final Pay
   Upon separation, final wages will be tendered within statutory timeframes (currently within five calendar days after discharge or next regular payday for voluntary separations).
5. Deductions
   Only lawful deductions (e.g., payroll taxes, court-ordered garnishments, authorized benefits premiums) will be taken from wages.

D. Working Hours, Timekeeping & Breaks

1. Standard Workweek: [XX] hours, [DAY] through [DAY].
2. Timekeeping
   Employees must accurately record all hours worked using [TIMEKEEPING SYSTEM].
3. Meal & Rest Breaks
   a. Meal Break: 30-minute unpaid meal break for shifts exceeding five hours.
   b. Rest Breaks: Paid 10-minute rest break for every four hours worked, or major fraction thereof.
4. Lactation Accommodation
   Reasonable break time and a private, non-bathroom space are provided for nursing employees to express breast milk.

E. Leave & Time-Off Policies

1. Paid Sick Leave – Healthy Workplaces Act (HWA)
   a. Accrual: 1 hour of paid sick leave (“PSL”) for every 30 hours worked.
   b. Cap & Carryover: Employees may accrue and use up to 64 hours of PSL per defined 12-month period; unused PSL carries over year-to-year but usage is capped at 64 hours annually.
   c. Permissible Uses: Personal or family illness, preventive care, domestic abuse, or meetings related to a child’s educational needs.
   d. Notice & Documentation: Same-day notice when unforeseeable; verification may be required for absences exceeding two consecutive workdays.
2. Domestic Abuse & Crime Victim Leave
   Unpaid leave is available for employees to attend legal proceedings or obtain protective orders relating to domestic violence, sexual assault, or stalking.
3. Family & Medical Leave Act (FMLA) – Federal
   Eligible Employees (12 months of service; 1,250 hours worked) may take up to 12 weeks of job-protected unpaid leave in a 12-month period for qualifying events.
4. Jury Duty & Witness Leave
   Paid leave is provided for mandatory jury service or subpoenaed witness attendance; Employees must provide advance notice and proof of service.
5. Military Leave
   The Company complies with the Uniformed Services Employment and Reemployment Rights Act (USERRA) and applicable New Mexico law.
6. Voting Leave
   Up to two consecutive hours of paid leave is provided at the beginning or end of the work shift for voting when the polls are not otherwise open for two non-working hours.
7. Bereavement Leave
   [X] days of paid leave per occurrence for the death of an Immediate Family Member. Additional unpaid leave may be approved at management discretion.
8. Holiday Schedule
   The Company observes the following paid holidays: [LIST HOLIDAYS].

[// GUIDANCE: Insert any local-ordinance-specific paid leave (e.g., Bernalillo County paid parental leave) if applicable to your worksites.]

F. Employee Conduct & Workplace Standards

1. Drug-Free & Alcohol-Free Workplace
   a. Possession, sale, or use of illegal drugs or impairment at work is prohibited.
   b. Although adult recreational cannabis use is legal in NM, Employees must report fit for duty and remain free of impairment while working.
   c. Reasonable suspicion and post-accident testing may be required pursuant to Company policy.
2. Workplace Violence Prevention
   Zero tolerance for threats, intimidation, or violence. Prohibited items include firearms or weapons on Company premises, except as expressly permitted by law.
3. Code of Ethics & Conflicts of Interest
   Employees must avoid activities that conflict, or appear to conflict, with the Company’s best interests.
4. Company Property & Return Obligations
   All Company Property must be returned immediately upon request or separation.
5. Appearance & Personal Hygiene
   Employees are expected to present a professional appearance in line with [DRESS CODE DESCRIPTION].

G. Benefits & Payroll Practices

1. Insurance & Retirement
   Eligible Employees may enroll in medical, dental, vision, life, disability, and [401(k)/403(b)] benefits pursuant to plan documents.
2. Workers’ Compensation
   Employees injured on the job must immediately report injuries to [SUPERVISOR/HR]. Workers’ compensation insurance covers qualifying medical expenses and wage replacement.
3. COBRA & NM “Mini-COBRA”
   Continuation healthcare coverage is offered in compliance with federal COBRA and New Mexico Insurance Code requirements.

H. Health, Safety & Security

1. Occupational Safety
   Compliance with the federal Occupational Safety and Health Act (OSHA) and the New Mexico Occupational Health and Safety Bureau.
2. Hazard Communication & PPE
   Proper labeling, Safety Data Sheets (SDS), and personal protective equipment will be provided and must be utilized when required.
3. Pandemic & Public Health Emergencies
   The Company will implement protocols consistent with guidance from the CDC, OSHA, and the New Mexico Department of Health.

I. Technology, Confidentiality & Data Security

1. Acceptable Use
   Company-provided electronic resources are for business purposes; limited personal use is permitted if it does not interfere with duties.
2. Monitoring
   Employees have no expectation of privacy in Company systems; activity may be monitored or recorded.
3. Confidential Information
   Employees shall not disclose or use Confidential Information except as required to perform job duties. Obligations survive separation.

J. Performance Management & Discipline

1. Performance Reviews
   Formal performance reviews will occur at least [ANNUALLY/BI-ANNUALLY].
2. Progressive Discipline
   a. Verbal Warning
   b. Written Warning
   c. Final Written Warning/Suspension
   d. Termination
   The Company reserves discretion to bypass steps based on severity.

IV. REPRESENTATIONS & WARRANTIES

1. Company Representations
   a. The Company will comply with all applicable labor, employment, health, and safety laws.
   b. All policies have been reviewed for compliance as of the Effective Date.
2. Employee Acknowledgments (see Execution Block)
   Employees represent that they will read, understand, and comply with the Handbook’s provisions.

V. COVENANTS & RESTRICTIONS

1. Confidentiality Covenant
   Employees shall protect Confidential Information and trade secrets during and after employment.
2. Non-Solicitation Covenant
   For a period of [6-12] months post-employment, Employees shall not directly solicit the Company’s customers for competing services within [GEOGRAPHIC SCOPE], except as prohibited by law or without written consent.
3. Return of Property
   Employees shall return all Company Property immediately upon termination or upon demand.

[// GUIDANCE: Non-compete covenants are generally disfavored in New Mexico (especially for health-care practitioners). Consult counsel before including.]

VI. DEFAULT & REMEDIES (Disciplinary Procedures)

1. Events of Default
   a. Violation of Company policies or lawful directives.
   b. Commission of illegal acts or gross misconduct.
   c. Material falsification of Company records.
2. Notice & Opportunity to Cure
   For corrective-action-eligible defaults, Employees will receive written notice and [X] business days to cure, where practicable.
3. Remedies
   a. Progressive discipline (Section III-J).
   b. Restitution for losses caused by Employee misconduct.
   c. Injunctive relief, limited to the extent permissible under New Mexico law, to prevent ongoing breaches of confidentiality or proprietary rights.
4. Attorney Fees & Costs
   The prevailing party in any action to enforce confidentiality or restrictive covenants is entitled to reasonable attorney fees and costs unless prohibited by law.

VII. RISK ALLOCATION

1. Indemnification (Employee Conduct)
   Employees shall indemnify and hold the Company harmless from any losses, liabilities, or costs (including reasonable attorney fees) arising out of the Employee’s gross negligence, willful misconduct, or violation of law or Company policy while acting outside the course and scope of employment.
2. Limitation of Liability
   The Company’s liability to any Employee for claims arising under this Handbook shall not exceed statutory limits, including caps applicable to punitive damages and claims under the New Mexico Tort Claims Act, where applicable.
3. Insurance
   The Company maintains commercial general liability, workers’ compensation, and employment practices liability insurance (EPLI) in accordance with legal requirements.
4. Force Majeure
   The Company’s obligations may be suspended without liability during events beyond its reasonable control (e.g., natural disasters, pandemics, governmental action) that materially hinder operations.

VIII. DISPUTE RESOLUTION

1. Internal Resolution
   Employees should first seek informal resolution through Human Resources.
2. Mediation
   If not resolved, the parties agree to participate in non-binding mediation administered by [MEDIATION PROVIDER] in [CITY], NM.
3. Arbitration – Optional Election
   a. If [ARBITRATION OPTION SELECTED: YES], all employment-related disputes not resolved through mediation will be finally resolved by binding arbitration under the rules of the American Arbitration Association; judgment may be entered in any court of competent jurisdiction.
   b. If [ARBITRATION OPTION SELECTED: NO], the parties retain the right to litigate in accordance with Section 4 below.
4. Forum Selection & Governing Law
   Exclusive venue shall lie in the state courts of [COUNTY], New Mexico; the Handbook shall be governed by and construed in accordance with New Mexico law.
5. Jury Waiver
   To the fullest extent permitted by the New Mexico Constitution, the parties knowingly and voluntarily waive trial by jury in any litigation arising out of or related to this Handbook.
6. Injunctive Relief
   Either party may seek temporary or preliminary injunctive relief, limited to preserving the status quo, in state court without waiving arbitration or other rights herein.

IX. GENERAL PROVISIONS

1. Amendment & Waiver
   The Company may amend this Handbook prospectively by written notice. No waiver of any provision shall be effective unless in writing and signed by an authorized Company representative.
2. Assignment & Delegation
   Employee rights and obligations are personal and may not be assigned. The Company may assign its rights and obligations to any successor entity.
3. Severability
   If any provision of this Handbook is held unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to make it enforceable.
4. Integration
   This Handbook supersedes all prior written or oral policies on the subjects addressed herein, except as otherwise required by law or individual employment agreements.
5. Electronic Signatures
   Electronic signatures and acknowledgments have the same force and effect as original signatures under the New Mexico Uniform Electronic Transactions Act.

X. EXECUTION BLOCK (EMPLOYEE ACKNOWLEDGMENT)

I, [EMPLOYEE NAME], acknowledge receipt of the [COMPANY NAME] Employee Handbook dated [EFFECTIVE DATE]. I understand that:

1. I am responsible for reading, understanding, and complying with the policies contained herein.
2. The Handbook does not constitute a contract of employment and does not alter my At-Will Employment status.
3. The Company may amend, suspend, or rescind any portion of the Handbook at its sole discretion, subject to applicable law.
4. I have received answers to any questions I had regarding the Handbook’s contents.

Employee Signature: _____ Date: _______

Company Representative: ____ Date: ____

[// GUIDANCE:
1. Retain signed acknowledgments for at least the length of employment plus the applicable statutory limitations period (recommendation: 6 years).
2. Provide digital access to the Handbook and track electronic acknowledgments for audit purposes.
]

END OF HANDBOOK