NMNew Mexico PTO payout law
In New Mexico, getting paid for vacation you earned but never used is required by law. Earned vacation is treated as wages by the state supreme court and must be paid when you leave the job.
How much is my unused vacation worth? New Mexico calculator
What these words mean
- PTO
- Paid time off: vacation, personal days or a combined bank of paid days.
- Payout
- Being paid cash for paid time off you earned but never used.
- Withholding
- Money your employer sends to the tax office from your pay before you get it. It is not extra tax. It is settled when you file your return.
- Social Security and Medicare (FICA)
- The 7.65% taken from every paycheck for retirement and health programs.
- Final paycheck
- The last pay you are owed after a job ends: all hours worked and, in some states, your unused vacation.
Questions
Do I get paid for unused vacation when I leave a job in New Mexico?
Paying out vacation you earned but did not use is required by law. Earned vacation is treated as wages by the state supreme court and must be paid when you leave the job.
Can my employer have a "use it or lose it" rule in New Mexico?
Usually yes, as long as the rule is written down and you were told about it in advance. The rule must be clear and given to you before you earned the time.
How much tax comes out of a vacation payout?
When it is paid as a separate lump sum, 22% is held back for federal income tax plus 7.65% for Social Security and Medicare, plus state tax where there is one. If that is more than you really owe, you get the difference back when you file your tax return.
When do I get the money in New Mexico?
With your last check: within 5 days for fixed wages if you were fired, by the next regular payday if you quit. See New Mexico final paycheck rules.