Payroll and Benefits Guide United States – New Mexico
Last updated: Mar 03, 2026
Contribution
| Employer Payroll Contributions | |
| 0.33% – 5.4% | State Unemployment Insurance (SUI), applied on the first 33,200 USD of each employee’s wages.The rates are determined based on the employer’s experience with unemployment claims and contributions. |
| 1.0% – 1.12% | State Unemployment Insurance – New Employer, applied on the first 33,200 USD of each employee’s wages. |
| 6.20% | Federal Insurance Contributions Act (FICA) - Social Security, applied on salary up to 176,100 USD per year. |
| 1.45% | Federal Insurance Contributions Act (FICA) – Medicare.
An additional 0.9% should be withheld from employees earning above 200,000 USD per year. |
| 0.60% – 6.00% | Federal Unemployment Tax Act (FUTA), applied on salary up to 7,000 USD per year.Employers who pay their state unemployment tax in full and on time are eligible for a 5.4% tax credit, reducing the FUTA rate to 0.6%. |
| 9.58% to 20.17% | Total Employment Cost |
| Employee Payroll Contributions | |
| 6.20% | Federal Insurance Contributions Act (FICA) - Social Security, applied on salary up to 176,100 USD per year. |
| 1.45% | Federal Insurance Contributions Act (FICA) – Medicare.An additional 0.9% should be withheld from employees earning above 200,000 USD per year. |
| 7.65%-8.55% | Total Employee Cost |
| State Employee Income Tax | Annual |
| State Tax – Single | |
| 1.70% | Up to 5,500 USD |
| 3.20% | 5,500 – 11,000 USD |
| 4.70% | 11,000 – 16,000 USD |
| 4.90% | 16,000 – 210,000 USD |
| 5.90% | Above 210,000 USD |
| Married taxpayers filing jointly | |
| 1.70% | Up to 8,000 USD |
| 3.20% | 8,000 – 16,000 USD |
| 4.70% | 16,000 – 24,000 USD |
| 4.90% | 24,000 – 315,000 USD |
| 5.90% | Above 315,000 USD |
| Federal Employee Income Tax | Annual |
| Federal Tax – Singles | |
| 10.00% | Up to 11,925 USD |
| 12.00% | 11,925 – 48,475 USD |
| 22.00% | 448,475 – 103,350 USD |
| 24.00% | 103,350 – 197,300 USD |
| 32.00% | 197,300 – 250,525 USD |
| 35.00% | 250,525 – 626,350 USD |
| 37.00% | Above 626,350 USD |
| Federal Tax – Married – Joint Filing | |
| 0.00% | Up to 23,850 USD |
| 12.00% | 23,850 – 96,950 USD |
| 22.00% | 96,950 – 206,700 USD |
| 24.00% | 206,700 – 394,600 USD |
| 32.00% | 394,600 – 501,050 USD |
| 35.00% | 501,050 – 751,600 USD |
| 37.00% | Above 751,600 USD |
| Federal Tax – Heads of Household | |
| 10.00% | Up to 17,000 USD |
| 12.00% | 17,000 – 64,850 USD |
| 22.00% | 64,850 – 103,350 USD |
| 24.00% | 103,350 – 197,300 USD |
| 32.00% | 197,300 – 250,500 USD |
| 35.00% | 250,500 – 626,350 USD |
| 37.00% | Above 626,350 USD |
| Standard Deduction and Personal Exemption | |
| 15,000 USD | Single |
| 30,000 USD | Married Filing Jointly |
| 22,500 USD | Head of Household |
Minimum Wage
General
The minimum wage in New Mexico is set at 12.00 USD an hour.
Payroll
Payroll Cycle
In general, employees in New Mexico are paid either semi-monthly or monthly, with payments on set dates as stipulated in the contract.
For semi-monthly employees, payments must be made no later than the 25th of the month (for wages earned between the 1st to 15th of the month) and the 10th of the month (for wages earned between the 16th day of the month to the end of the month).
13th Salary
There is no legislation for 13th-month payments in New Mexico.
Working Hours
General
In New Mexico, the maximum standard working week consists of 40 hours, 8 hours per day.
Overtime
New Mexico adheres to the Fair Labor Standards Act (FLSA) and overtime is paid where employees work more than 40 hours in a working week, in which case the employer must pay 150% 0f the regular rate of salary for the extra hours worked as overtime.
Similarly, if employees are scheduled to work on weekends/rest days etc., no additional payment is required, however, should an employer request an employee to work in exceptional circumstances on these days, then overtime will be payable at 150% 0f the regular rate of salary for the extra hours worked.
The Wage and Hour Division (WHD) of the Department of Labor (DOL) is responsible for the administration and enforcement of the FLSA.
Leave
Annual Leave (vacation)
New Mexico does not have any state statute governing the amount and payment of vacation time.
However, it is common for employers to offer a vacation leave, paid or unpaid, to their employees.
This must comply with employment law and must be stipulated in any employment contract or collective bargaining agreement.
Public Holidays
Public holidays are not mandatory paid days off, but employers commonly allow workers to take federal holidays as paid days off.
Some companies might also agree to allow workers to take off state holidays; workers can find specific state holiday dates from their local government.
Usually when an agreed public holiday falls on a weekend, a day off in lieu is given on the Friday before or the Monday after the holiday.
| Date | Day | Holiday | Notes |
|---|---|---|---|
| 1 January 2026 | Thursday | New Year’s Day | Standard holiday |
| 19 January 2026 | Monday | Martin Luther King Jr. Day | Standard holiday |
| 25 May 2026 | Monday | Memorial Day | Standard holiday |
| 19 June 2026 | Friday | Juneteenth | Standard holiday |
| 3 July 2026 | Friday | Independence Day (Observed) | Standard holiday |
| 7 September 2026 | Monday | Labor Day | Standard holiday |
| 12 October 2026 | Monday | Indigenous People’s Day | |
| 11 November 2026 | Wednesday | Veterans’ Day | Standard holiday |
| 26 November 2026 | Thursday | Thanksgiving Day | Standard holiday |
| 27 November 2026 | Friday | Presidents’ Day (Observed) | |
| 25 December 2026 | Friday | Christmas Day | Standard holiday |
Sick Days
It is common for an employer to follow the Family and Medical Leave Act (FMLA) which provides certain employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons (maternity leave, serious illnesses or if the employee needs to care for a spouse or child).
Employees are eligible for FMLA if they have worked for their employer for at least one year, completed a minimum of 1,250 hours over the past year, and worked at a location where the company employs 50 or more employees within 75 miles.
FMLA eligible employees are entitled to:
- 12 working weeks of leave in any one year for a child’s birth and to care for the newborn child within one year of birth.
- Leave for the adoption or foster care of a child and care for the newly placed child within one year of placement.
- Care for the employee’s spouse, child, or parent who has a severe health condition.
- Leave in the event of a serious health condition that makes the employee unable to perform the essential functions of their job.
- Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty.”
Or
- 26 working weeks of leave during a single one-year period to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).
In addition to the FMLA, New Mexico has its own paid sick leave laws for all employees who work at least 56 hours per year. They are entitled to 1 hour of paid sick leave for every 30 hours worked. This is capped at a maximum of 64 hours per year.
Maternity Leave
Maternity leave falls under the FMLA (see Sick Leave) which allows a mother twelve working weeks of leave in any one year for a child’s birth and to care for the newborn child within one year of birth.
Paternity Leave
Paternity leave falls under the FMLA (see Sick Leave).
Parental Leave
Parental leave falls under the FMLA (see Sick Leave), which allows for:
- Leave for the adoption or foster care of a child and care for the newly placed child within one year of placement
- Any qualifying necessity arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty”
Other Leave
New Mexico law requires all employers to provide their full-time employees two days of paid leave for jury duty or as a witness in a case, responding to a subpoena, or acting as a plaintiff or defendant in the courts.
Employees must provide a copy of the jury summons to the employer as evidence of requirement.
In addition to the federal law USERRA, New Mexico law provides protection against discrimination for members of U.S. armed forces, reserves, National Guard, commissioned corps of the Public Health Service, and any other category of persons designated by the president in a time of war or emergency.
PAID MATERNITY LEAVE (DAYS)
Termination
Termination Process
Except in mass dismissals or as provided for in an employment contract or a collective bargaining agreement, U.S. law does not impose a formal notice period to terminate an individual employment relationship, and employment is stipulated “at will.”
This means that either the employer or the employee may end the employment relationship without giving either notice or reason, provided it is not illegal, notable discrimination on the grounds of a category protected by law, etc., and as per the Federal Worker Adjustment and Retraining Notification Act (WARN).
The employment contracts of executives and other highly skilled individuals often incorporate a “just cause termination” clause which mandates that the employer may only terminate the employee for “cause” and lists the permissible grounds.
In such cases, the parties negotiate the foundations for a “just cause” termination case-by-case.
Notice Period
In New Mexico, most employees are employed “at-will” — either party can terminate the employment relationship without notice.
In New Mexico , PTO is considered wages and required to be paid out upon termination.
There is no official notice period. Still, in general practice, two weeks’ notice is a minimum requirement.
In mass dismissal cases the Worker Adjustment and Retraining Notification Act (WARN Act) must be followed, and employers must give 60 days’ notice to impacted employees.
Severance Pay
Except as provided in an employment contract or collective bargaining agreement, employers do not need to make severance payments to terminated employees.
Employers who offer severance payments need to have the provision stated within the employee’s contract, of which both parties must agree to.
Many employers choose to provide a severance payment linked to the employee’s length of service, the most common practice being one week’s pay for every year of service.
Probation Period
No legal provision governs a formal “trial/probation period.” However, it is common practice for employers to set a performance evaluation after an initial stated period of employment of 90 days.
Minimal Statutory Termination Costs
Some states require PTO balances to be paid out during termination, also any bonuses or commissions that were promised in the employment contract
Immigration
Foreign nationals without permanent resident status or a work visa are not permitted to work in the United States.
An employer seeking to hire a foreign national may file a petition with the United States Department of Homeland Security/United States Citizenship and Immigration Services (USCIS) for an employment visa on behalf of the prospective employee.
If the petition is approved, the prospective employee must obtain a visa stamp from a United States embassy or consulate (Canadian citizens are exempt from this requirement). To get a temporary U.S. work visa, an employer must file a petition with U.S. Citizenship and Immigration Services (USCIS).
An approved petition must be part of the visa request. The types of visas include:
- H-1B – for applicants with a college degree hired to do specialized work. The visa is valid for three years and can be extended for an additional three years. The visa is connected to the employer that filed the petition. If there is a change of employer, the new employer must repeat the process. There are 65,000 H-1B visas available each year.
- H-1B1 – for applicants with a college degree from Chile and Singapore. The U.S. government grants up to 1,400 visas to Chilean citizens and 5,400 from Singapore each year.
- H-2A – for temporary or seasonal agriculture work. It is limited to citizens of qualified countries. Usually valid for up to 1 year and can be extended to a maximum of 3 years.
- H-2B – for temporary non-agricultural work. These visas are limited to citizens of qualified countries. Usually valid for up to 1 year and can be extended to a maximum of 3 years.
- L – for intercompany transfers (people transferred from a foreign company to a U.S. branch of the company.) The applicant must have been employed at the company for a year before the transfer and work in a managerial level position or higher with specialized knowledge.
- 0 – for people with extraordinary ability in science, arts, education, business, or athletics.
The standard procedure is to obtain a short-term work visa and then apply for an immigrant visa after the employee has started working in the United States.
For those seeking employment-based immigrant visas:
- E-1 – highest priority employment for those with extraordinary ability in science, arts, education, business, and athletics.
- E-2 – for those with advanced degrees or exceptional ability.
- E-3 – for skilled workers and professionals, as well as unskilled workers.
- E-4 – members of certain immigrant groups.
- E-5 – immigrant investors in U.S. companies (substantial investment).
Alternatively, an employer may sponsor a potential employee’s application for permanent resident status, referred to as a “green card,” if the employee can establish that the potential employee is a multinational executive/manager transferee, has unique skills, or has been offered a job in the United States. The employer must have been unable to recruit a U.S. worker who meets the position’s minimum requirements.
VAT
General
New Mexico does not have a traditional State sales tax; instead, it imposes a Gross Receipts Tax (GRT). The state GRT rate is 5.125%. Local governments can add up to an additional 3.9375%.
Stay up to date on payroll & employment law changes
Version History
New Mexico has a minimum combined 2022 sales tax rate of 7.208% (State tax at 5.125% and Local tax between 0.375 and 9.062%).
Payroll contributions and personal income tax rates have been updated.
Highest income tax rate raised to 5.9% for income over $210,000 for single people and $315,000 for married people filing jointly.
See how Papaya can help you automate your global payroll or EoR whilst staying 100% compliant with local labor laws
Payroll and Benefits Guide
in United States – New Mexico
What’s covered in this guide:
- Employer/employee contributions
- Minimum wage
- Working hours
- Visa requirements
And more...
Public Holidays Calendar
| Date | Day | Holiday | Notes |
|---|---|---|---|
| 1 January 2026 | Thursday | New Year’s Day | Standard holiday |
| 19 January 2026 | Monday | Martin Luther King Jr. Day | Standard holiday |
| 25 May 2026 | Monday | Memorial Day | Standard holiday |
| 19 June 2026 | Friday | Juneteenth | Standard holiday |
| 3 July 2026 | Friday | Independence Day (Observed) | Standard holiday |
| 7 September 2026 | Monday | Labor Day | Standard holiday |
| 12 October 2026 | Monday | Indigenous People’s Day | |
| 11 November 2026 | Wednesday | Veterans’ Day | Standard holiday |
| 26 November 2026 | Thursday | Thanksgiving Day | Standard holiday |
| 27 November 2026 | Friday | Presidents’ Day (Observed) | |
| 25 December 2026 | Friday | Christmas Day | Standard holiday |
Questions & Answers