A New Mexico Senate committee heard extended testimony about a bill to shorten the state employee probationary period from one year to six months, with supporters saying the change could improve retention and opponents warning that six months may be too short for some positions and training regimens.

The discussion focused on workforce retention, access to benefits during probation, and differences in termination procedures for probationary and career-status employees. An expert witness who advises on personnel matters told the committee that employers must have a reason to terminate employees and described the post-probation process that includes a notice of contemplated action and an opportunity to respond. “There is no such thing as terminating someone for no reason. I just wanna make that really clear,” the expert witness said.

Committee members heard agency testimony that retention is a concern: agency staff cited fiscal-year 2024 data that about 34% of new hires did not complete probation and that about 75% of those left by resignation. Witnesses and several senators linked part of the attrition to limited access to certain benefits while on probation — cited examples included alternative work schedules, fitness and wellness time, two additional personal leave days, and union membership. Lindsey, a state employee and trainer at the New Mexico Environment Department, testified that “Alternative work schedules are really critical, especially for employees that are coming in from a previous career where they're gonna expect a little bit of flexibility and scheduling.” She said scheduling inflexibility can make it difficult for new hires who commute long distances or need to pick up children from care.

Some senators questioned whether six months is sufficient for training-intensive positions. One senator said the federal government typically uses a one-year probation for many positions and argued longer probation gives supervisors more time to evaluate on-the-job performance and training completion. Another senator emphasized constituent complaints about customer service at state offices: “We need a little customer service in this state,” the senator said, noting instances where constituents could not get a live person to answer the phone.

Committee discussion also covered the procedural difference after an employee reaches career status. The expert witness described the notice of contemplated action (NCA) process following probation, saying an NCA is issued, the employee has about 11 days to respond and may request a hearing or meeting with a supervisor. The witness added that whether a termination occurs at one month, eight months or after a year, employers should document reasons to guard against discrimination claims and to be able to demonstrate non-discriminatory bases for discipline or dismissal.

Supporters told the committee they hoped earlier access to some career-status benefits would improve retention; opponents cautioned that cutting probation in half could undercut supervisors’ ability to evaluate employees in roles requiring extended certification or lengthy training. Senators also raised operational concerns: ensuring adequate coverage for phone and in-person services, and whether altering the State Personnel Act would actually change role-based benefits that are set in agency rules or roles rather than by probation length.

No formal vote or committee action was recorded in the transcript excerpt. The bill remained under discussion at the hearing’s close, with members signaling both support and reservations and asking for additional information about training timelines and the fiscal and operational impacts of the proposed change.