2020 New Mexico Statutes
Chapter 12 - Miscellaneous Public Affairs Matters
Article 5 - Public Holidays
Section 12-5-2 - Legal holidays; designation.

Universal Citation: NM Stat § 12-5-2 (2020)

Legal public holidays in New Mexico are:

A. New Year's day, January 1;

B. Martin Luther King, Jr.'s birthday, third Monday in January;

C. Washington's and Lincoln's birthday, President's day, third Monday in February;

D. Memorial day, last Monday in May;

E. Independence day, July 4;

F. Labor day, first Monday in September;

G. Indigenous Peoples' day, second Monday in October;

H. Armistice day and Veterans' day, November 11;

I. Thanksgiving day, fourth Thursday in November; and

J. Christmas day, December 25.

History: 1953 Comp., § 56-1-2, enacted by Laws 1969, ch. 114, § 1; 1971, ch. 98, § 1; 1975, ch. 13, § 1; 1987, ch. 3, § 1; 1987, ch. 309, § 1; 2019, ch. 123, § 1.


Repeals and reenactments. — Laws 1969, ch. 114, § 1, repealed former 56-1-2, 1953 Comp., relating to the designation of November 11, Veterans' Day, as a legal holiday, and enacted a new 56-1-2, 1953 Comp.

The 2019 amendment, effective July 1, 2019, replaced Columbus day with Indigenous Peoples' day as a legal public holiday in New Mexico; in Subsection G, after the subsection designation, deleted "Columbus" and added "Indigenous Peoples'".

The 1987 Amendments. — Laws 1987, ch. 309, § 1, added the subsection designations, added Subsection B; in Subsection C, inserted "and Lincoln's" and "President's day"; and in Subsection D, substituted "last Monday in May" for "May 30".

Laws 1987, ch. 3, § 1, substituted "last Monday in May" for "May 30" in Subsection D.

Good Friday. — Although under this section, Good Friday is not listed as a designated legal holiday, Paragraph A of Rule 12-308, R. App. P., defines "legal holiday" for the purpose of the rules for appellate civil procedure. Public Serv. Co. v. Catron, 1982-NMSC-050, 98 N.M. 134, 646 P.2d 561.

State employees paid for day given as compensatory time. — State employees who were given a holiday by their department head on November 24, 1961, may be paid for this day, since the date constituted compensatory time for an officially declared holiday. 1961 Op. Att'y Gen. No. 61-121.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 73 Am. Jur. 2d Sundays and Holidays §§ 1 to 5.

40 C.J.S. Holidays §§ 1 to 3.

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