HB405 creates the “Volunteer Firefighter Service and Training Job Retention Act,” a new state law requiring employers to provide leave to employees who volunteer as firefighters for certified fire departments. The bill covers two kinds of leave: up to 112 hours per calendar year for firefighter training, and up to 112 hours per calendar year for emergency service time that occurs during the employee’s normal work hours. To use the leave, an employee must give notice and provide verification from the fire department chief, including annual re-verification of volunteer status and documentation of service time after each leave period.
The bill also specifies that the leave may be unpaid, but employers may not use the leave as a reason to terminate or demote the employee or to reduce the employee’s accrual of annual leave, sick leave, or seniority. The law applies broadly to employers in New Mexico, including the state and political subdivisions, but not the federal government. It takes effect July 1, 2025.
Impact
HB405 adds a new employment-protection statute in New Mexico law for volunteer firefighters, creating a mandatory leave entitlement and anti-retaliation protections for eligible employees. It affects private employers, public employers, and domestic-service employers, while excluding the United States, and it requires employers to accommodate both training and emergency response obligations up to the specified annual limits. The bill is likely to interact with workplace leave policies, personnel rules, and scheduling practices across affected employers.
Sentiment
The bill appears to have generally favorable support, as reflected by its passage in the House on a 40-22 vote. The available record does not include committee debate or testimony, so the public discussion context is limited. The vote suggests meaningful support for protecting volunteer firefighters’ jobs and training opportunities, while also indicating a notable minority of opposition.
Contention
The main points of contention are likely the burden on employers and the scope of the mandated leave, especially because the bill requires up to 224 hours per year of protected absence when training and service leave are combined. Employers may also object to the administrative requirements for verification and notice, as well as the fact that the leave can be unpaid but still must be protected from discipline, demotion, and loss of leave accrual or seniority. Supporters, by contrast, are likely focused on workforce retention for volunteer fire departments and ensuring employees are not penalized for emergency service.