Bernalillo County paid leave law goes into effect       

ALBUQUERQUE, NM—An ordinance requiring employers in the unincorporated areas of Bernalillo County to provide workers paid leave goes into effect today. The law will help alleviate the serious challenges many workers face when forced to choose between a paycheck and the health of their families and community. 

Its implementation comes late for many working families who have needed paid time off to keep themselves and the community healthy before and during the ongoing pandemic. 

Bernalillo County’s Employee Wellness Act applies to any worker in the unincorporated areas of the county employed at least 56 hours per year by an employer with two or more employees. Workers can earn up to 28 hours of paid time off per year. Employees of larger employers will eventually be able to earn up to 56 hours of paid leave per year. The ordinance phases those additional hours in over the next two years.

The Bernalillo County Commission passed the ordinance in August 2019 after hours of public comment by workers and community members. The Commission delayed its implementation until today.

Details on the ordinance can be found here: http://nmpovertylaw.org/factsheet-bernco-pto-ordinance-09-30-2020/

The following are reactions from workers and workers’ rights advocates.

Marian Méndez Cera, El CENTRO de Igualdad y Derechos Worker Rights Organizer
“Low-wage and immigrant workers have been working through the pandemic and kept our community running. By having paid time off, we are taking care of the most integral part of our economy, our workers. As we collectively face these challenges, it has become clear how interconnected we all are and it has shown that all workers are essential. Therefore, not only should paid sick leave be a fundamental human right so no worker has to make the decision of missing a day’s pay to tend to their health, but it should be part of our state’s public health plan to curb the spread of COVID-19.”

Eric Griego, NM Working Families State Director 
“During this difficult time when essential workers are struggling to survive and stay healthy, we hope our state and local leaders take their lead from the people on the front lines, not corporate lobbyists. The county ordinance provides minimal leave to those risking their own health to keep our economy going, and the current law should be improved, not delayed or diminished.”

Andrea Serrano, Organizers in the Land of Enchantment (OLÉ) Executive Director 
“We are happy that the County Commission has chosen not to further delay the implementation of the Bernalillo County paid time off ordinance. This ordinance will provide some relief for workers, however, this bill only covers the unincorporated parts of Bernalillo County, leaving out the majority of the population in the metropolitan area. The reality is all workers need paid sick leave—especially now. COVID-19 has hit our communities of color hard and Bernalillo County’s hardworking families need and deserve paid sick leave.The City of Albuquerque and the State of New Mexico need to step up and focus on a strong paid sick leave bill that will incorporate every worker, not just the few.”

Stephanie Welch, New Mexico Center on Law and Poverty Workers’ Rights Director
“No one should have to choose between a paycheck and their health and safety. The Bernalillo County ordinance guarantees some paid time off for some workers. This is a start. All New Mexicans need the security of knowing they can take time off from work to care for themselves or their families and still get paid.”

Community advocates celebrate Bernalillo County Sick Leave Ordinance but call for improvements

ALBUQUERQUE—Worker and community organizations support the Bernalillo County ordinance that gives employees paid time off for health, family, and domestic violence related issues, but call for improvements so it helps more working people.   

“We are disappointed that the ordinance was watered down, but we still believe this is a victory for Bernalillo County’s working families. Everyone needs paid time off when they are sick, and this law makes that a reality for more people,” said Zeke Sanchez-Taylor with OLÉ.

In a questionable political maneuver, after Bernalillo County Commissioners passed the ordinance on August 20, business lobbyists began pressuring commissioners to weaken it. 

In response, Commissioners Pyskoty and Quezada introduced an amendment to limit its coverage. It requires businesses with two to ten employees provide only 28 hours of leave. Businesses of this size represent 80% of businesses in the county. The same amendment requires larger businesses provide between 44 and 56 hours of leave annually depending on their size.

In addition, Commissioner O’Malley introduced amendments to have the ordinance go into effect in January instead of July and to remove the 90 day delay for workers to accrue paid time. Commissioner Quezada also introduced an amendment that would increase the penalty to employers who retaliate against their workers.

All amendments passed.

Workers and community advocates called on commissioners to stick with the original ordinance passed through an open democratic process. The original ordinance guaranteed 56 hours of paid time off to workers at businesses with at least two employees in unincorporated areas of the county. Workers would accrue one hour of paid time off for every 32 hours they work.  

“Workers are the cornerstone of our local economy, and we are proud of their contributions,” said Olga Santana with El CENTRO de Igualdad y Derechos. “We urge the Bernalillo County Commissioners to do what is best for working families in the future.”

“After several open, deliberative, and fair hearings, the Bernalillo County Commission passed a compromise paid time off ordinance,” said Eric Griego with New Mexico Working Families Party. “This amended ordinance is much weaker, but we hope to work with current and future commissioners to improve its coverage and enforcement.”

“Providing only 28 hours of earned paid time off for 80% of businesses in the county severely underestimates the real needs of workers experiencing real health or personal challenges like extended illnesses or addressing domestic violence,” said Stephanie Welch with New Mexico Center on Law and Poverty.  “Twenty-eight hours of leave per year to take care of yourself, family or loved ones is simply not enough for most employees. It should be increased in the future.”

Background

The Chair of the Bernalillo County Commission, Maggie Hart-Stebbins, introduced the original earned sick leave ordinance on May 14, 2019. After consulting with business and community groups, she introduced a compromise earned paid time off ordinance on June 25 that incorporated several of their suggestions. 

At the August 20 commission meeting, several additional amendments requested by business groups were made, including phasing in the ordinance over three years, delaying the start date until July 2020, reducing the penalties for non-compliance, and extending the time for county officials to investigate and exhaust remedies before an employee would be eligible to bring a complaint before the district court. 

At that same meeting, Commissioner Pyskoty introduced an amendment that would have severely limited the ordinance’s coverage. The majority of the Commission rejected the Pyskoty amendment. The ordinance passed with a three to two majority, with Commissioners Hart-Stebbins, O’Malley, and Quezada voting in favor. 

Bernalillo County passes paid time off law!

By Stephanie Welch, supervising attorney for Workers’ Rights 

The Bernalillo County Board of Commissioners passed a new law on Tuesday that ensures hardworking people don’t have to choose between a paycheck and taking time off to care for themselves or a loved one.

Unfortunately, most workers making low wages have no paid sick leave. If they or a family member become ill, they have to choose between getting paid and getting better. Those who can least afford to lose any income are the most likely to have to face that choice. 

Starting next July, people working in the unincorporated areas of Bernalillo County will have the right to 24 hours of paid leave a year. The number of hours of leave will increase each year until it reaches 56 in 2022. The ordinance is clear, simple, and easy to implement. It is the result of years of advocacy by workers, parents, survivors of domestic violence, medical professionals, teachers, and caregivers.

Unfortunately the ordinance doesn’t address the great need for paid sick leave in the City of Albuquerque. 35% of workers in Albuquerque lack access to paid sick leave.

That is about 106,000 people who work and live in Albuquerque and who cannot take time off to get medical care, heal, escape an abusive situation, or care for a loved one without losing much-needed income and risking being fired.

This is not just a local problem, it’s a statewide problem. New Mexico has the highest percentage among U.S. states of workers without access to paid sick leave. Thankfully Bernalillo County officials are trying to do something about it. Now the city, and the state, should follow their lead.

Bernalillo County champions ‘Medicaid Buy-in’

County Commissioners moved by local and statewide support for innovative solution

BERNALILLO COUNTY–The Bernalillo County Board of Commissioners, after hearing from NM Together for Healthcare leaders from Bernalillo County, passed a resolution today that supports the state’s commitment to exploring an innovative proposal to allow New Mexicans to purchase health insurance coverage through Medicaid — including to those who do not currently qualify for Medicaid or cannot afford to use their current insurance.

“The Medicaid Buy-in plan is important because insurance is very expensive, and all New Mexicans need healthcare coverage,” said Reyna Tovar, a Partnership for Community Action healthcare advocate and Bernalillo County resident. “When my husband was unemployed, we did not have health insurance. When he found a new job, he had to wait six months until he qualified for health insurance through his employer. We did not have coverage during this time because we made too much for Medicaid and Obamacare was too expensive to use.”

Since July, policymakers and community members have been working together to develop this affordable healthcare solution through statewide roundtables and the passing of similar resolutions through local governments like the City of Sunland Park, Doña Ana, and McKinley County. During the 2018 legislative session, Medicaid Buy-in memorials passed with bipartisan support in the New Mexico House and Senate.

Medicaid already covers over 850,000 New Mexicans, including over 228,065 Bernalillo County residents. The plan would expand Medicaid for all New Mexican’s to buy into, providing low-cost coverage for the over 54,000 Bernalillo County residents who are still uninsured. It would also provide affordable health insurance to individuals who are not eligible for Medicaid due to income, immigration status, and for those who have healthcare coverage but cannot afford to use it.

“A Buy-in program would build upon Medicaid’s strong foundation to ensure that families do not have to choose between death and financial ruin,” said Lan Sena, a resident of Bernalillo County and a Strong Families New Mexico healthcare advocate. “My grandfather, an immigrant, could not get Medicaid when he had cancer and died because he could not afford treatment. I have cancer too, and even though I have insurance, I still cannot afford my treatments.”

“I have to choose whether to pay for healthcare insurance or gas for my car,” said Tovar. “Many people don’t qualify for Medicaid or earn slightly too much for Medicaid and cannot afford to pay for healthcare on their own.”

Bernalillo County will share the resolution with state legislators and include this resolution in their legislative requests for the upcoming 2019 session.

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NM Together for Healthcare is a statewide, multiracial campaign of families and community organizations working together to strengthen healthcare access in New Mexico supported by Strong Families New Mexico, Partnership for Community Action, New Mexico Center on Law and Poverty, and Health Action New Mexico. For information, visit http://nmtogether4health.org/ or email: nmtogether4healthcare@gmail.com.