El Rito Media News Services

A revamped but still highly controversial proposal to provide paid family and medical leave to New Mexicans is heading to the state Senate after winning approval from the state House of Representatives.

The passage of House Bill 11 marks a major win for supporters of the measure after a years-long effort to offer paid leave to working families in the state failed to pass the chamber by just two votes during last year’s 30-day session. That vote led to primary challenges against some of the more moderate Democrats who had sided with Republicans.

Friday, Feb. 28’s 38-31 vote was largely along party lines. Five Democrats — Wonda Johnson of Rehoboth, Patty Lundstrum of Gallup, Marian Matthews of Albuquerque, Joseph Sanchez of Alcalde and Martha Garcia of Pine Hill, who took the oath of office Thursday — joined their Republican colleagues in voting against the measure.

“It’s been a journey, for sure,” sponsor Rep. Christine Chandler, D-Los Alamos Democrat, said after the vote.

The journey has been hard-fought.

After Friday’s floor vote, Rep. Rebecca Dow, R-Truth or Consequences, who had offered a substitute bill she called a “reasonable compromise,” sat outside the House chamber in tears.

“We just created the largest exodus of small business in our state,” she said.

“I have been asked by [the media] why Republicans won’t compromise and why do we bring bill that are unreasonable,” she said, her voice cracking with emotion.

“This was a reasonable compromise … and it was disregarded.”

Dow’s substitute proposal called for six weeks of paid parental leave that would be funded by the state Early Childhood Education and Care Fund. Three weeks of supplemental paid leave would be available to employees who chose to contribute to a proposed supplemental fund. The chamber voted it down 40-29.

“They don’t care if the last restaurant open on Sunday in Socorro County is open,” Dow said. “I do.”

HB 11 is not a done deal.

With only three weeks left in the 60-day session, it now heads to the Senate amid stiff business opposition and a public relations campaign that has branded it the largest tax increase in New Mexico history, which proponents argue is patently false. Last year’s version passed the Senate before dying in the House.

Proponents contend they have a strong case.

They hailed the measure as one that would ensure a strong, healthy and vibrant workforce in the state.

“I’m very excited about this bill,” Chandler said at the start of the floor debate.

“We’ve worked very hard over the last year or so listening to many public comments, inputs from the business community, input from stakeholders, and we’ve come up with a proposal that I think is unique to New Mexico and is uniquely appropriate for New Mexico,” she said.

The bill, was called the Welcome Child and Family Wellness Leave Act and would create a family wellness leave fund and the welcome child fund, Chandler said.

The family wellness fund is essentially an insurance program.

Employers and employees would both contribute premiums to pay for family wellness leave, with workers chipping in the equivalent of two-tenths of 1% of their earnings while employers would add in .15% of each eligible workers’ wages — significantly lower than the premiums of one-half and four-tenths of 1% for workers and employers, respectively, in versions of the bill proposed previously. Employers with fewer than five employees would be exempt from having to pay into the fund.

Qualifying workers would be able to take up to six weeks of family wellness leave while receiving a portion of their pay equivalent to the state’s minimum wage, plus two-thirds of their remaining salary.

Chandler said family wellness leave would include medical leave for an applicant to care for themselves or a family member with a serious health condition, leave pertaining to a family member’s military service, so-called safe leave granted to an applicant who is experiencing domestic violence or sexual assault or abuse, bereavement leave for the death of a child younger than 18 and foster leave for a family who is welcoming a foster child into their home.

The welcome child component would apply to families after the birth or adoption of a child.

“Anytime a child is adopted or born in our state, one parent will receive a $3,000 rebate each month for the first three months of that child’s life,” said Rep. Linda Serrato, D-Santa Fe, who is also among the sponsors.

Both parents would have access to up to 12 weeks of welcome child leave with job protection. Though the original version of HB 11 proposed premiums on workers and employers to pay for parental leave, lawmakers now plan to pay for welcome child leave through the state Early Childhood Education and Care Department’s existing budget.

“This $3,000 rebate is really important in those first few months of life,” Serrato said. “As we all know, in that time, it’s incredibly difficult to find child care. … It gives them that financial stability that they need to bond with their child in these critical months.”