TITLE 1 GENERAL GOVERNMENT ADMINISTRATION
CHAPTER 7 STATE PERSONNEL ADMINISTRATION
PART 7 ABSENCE
AND LEAVE
1.7.7.1 ISSUING AGENCY: State Personnel Board.
[1.7.7.1 NMAC - Rp,
1 NMAC 7.7.1, 7/7/2001]
1.7.7.2 SCOPE: All state agencies in the classified service.
[1.7.7.2 NMAC - Rp,
1 NMAC 7.7.2, 7/7/2001]
1.7.7.3 STATUTORY AUTHORITY: NMSA
1978, Section 10-9-13(G); Section 11:
NMSA 1978, Section 10-7-10; Section 13:
29 U.S.C. Sections 201 and 2601 et
seq.: Section 15: NMSA 1978, Section 1-12-42; Section 17: NMSA 1978, Sections 20-4-7, 20-5-14 and
20-7-5 and 38 U.S.C. Section 2024.
[1.7.7.3 NMAC - Rp,
1 NMAC 7.7.3, 7/7/2001; A, 11/14/2002]
1.7.7.4 DURATION:
Permanent.
[1.7.7.4 NMAC - Rp,
1 NMAC 7.7.4, 7/7/2001]
1.7.7.5 EFFECTIVE DATE:
7/7/2001 unless a later date is cited at the end of a section.
[1.7.7.5 NMAC - Rp,
1 NMAC 7.7.5, 7/7/2001]
1.7.7.6 OBJECTIVE: The
objective of Part 7 of Chapter 7: is to provide for the accrual and
administration of leave available to employees.
[1.7.7.6 NMAC - Rp,
1 NMAC 7.7.6, 7/7/2001]
1.7.7.7 DEFINITIONS:
A. “Child” or “Children” means a person or persons 18 years of age or younger who
is enrolled in School, and who is or are the biological child(ren), legally
adopted child(ren), foster child(ren), stepchild(ren), or legal ward(s) of an
employee.
B. “Covered active duty or call to covered
active duty status” means duty during the deployment of a regular member or
reservist to a foreign country.
C. “Covered servicemember” means a current
member of the Armed Forces (including a member of the National Guard or
Reserves) who is undergoing medical treatment, recuperation, or therapy, is
otherwise in outpatient status, or is otherwise on the temporary disability
retired list for a serious injury or illness; or a covered veteran (member of the Armed
Forces, including a member of the National Guard or Reserves, who was
discharged or released under conditions other than dishonorable at any time
during the five-year period prior to the first date the employee takes FMLA
leave to care for the covered veteran) who is undergoing medical treatment,
recuperation, or therapy for a serious injury or illness.
D. “Extra-curricular activities” means
events or appointments not falling within the normal school curriculum,
including but not limited to sporting events, orientations, ceremonies, field
trips, registrations.
E. “Fall semester” means August through
December.
F. “Family member” means an individual who
is the spouse or domestic partner of or is by blood, marriage or legal adoption
a parent, grandparent, great-grandparent, child, foster child, grandchild,
great-grandchild, brother, sister, niece, nephew, aunt or uncle, or is living
in the household of an of an employee.
G. “Health care provider” means a
physician, dentist, podiatrist, clinical psychologist, or optometrist who is
authorized to practice medicine or surgery in the state in which the individual
practices. In cases limited to treatment consisting of manual manipulation of
the spine to correct a subluxation, medical certification may be provided by a
chiropractor. Others capable of providing health care services include
podiatrists, dentists, clinical psychologists, optometrists, nurse
practitioners, nurse-midwives, clinical social workers and physician assistants
authorized to practice in the state; Christian Science practitioners listed
with the First Church of Christ, Scientist in Boston, Massachusetts; any health
care provider from whom an employer or the employer’s group health plan’s
benefits manager will accept certification for the existence of a serious
health condition to substantiate a claim for benefits, including a foreign
physician.
H. “Medical
emergency” means a medical
condition of an employee or a family member of such employee that is likely to
require an employee's absence from duty for a prolonged period of time and to
result in a substantial loss of income to the employee because of the
unavailability of paid leave.
I. “School” means a single attendance
center in which instruction is offered by one or more teachers and is
discernible as a building or group of buildings generally recognized as either
a licensed child care center, preschool, elementary, middle, junior high, or
high school, or any combination of those, including charter schools, state
institutions, and private schools, but not including home schools.
J. “Serious health condition” means an
illness or injury that involves an overnight stay in a health care facility and
any subsequent treatment in connection with such stay; or, continuing treatment
by a health care provider including any one or more of the following:
(1) a
period of incapacity of more than three consecutive, full calendar days and
subsequent treatment by a health care provider in-person two or more times
within 30 days of the first day of incapacity;
(2) treatment
by a health care provider in-person on at least one occasion which results in a
regimen of continuing treatment;
(3) pregnancy
and prenatal care;
(4) chronic
condition which requires visits at least twice a year for treatment by a health
care provider over an extended period of time and may cause episodic rather
than a continuing period of incapacity;
(5) permanent
or long-term conditions; and
(6) conditions
requiring multiple treatments by a health care provider including recovery
time.
K. “Serious illness or injury” means an
injury or illness that was incurred by the covered servicemember in the line of
duty on active duty in the Armed Forces, or existed before the beginning of the
servicemember’s active duty and was aggravated by service in the line of duty
in the Armed Forces, and that may render the covered servicemember medically
unfit to perform the duties of the servicemember’s office grade, rank or
rating. In the case of a veteran who was
a covered servicemember, “serious illness or injury” means the same as above
but the injury or illness manifested itself before or after the member become a
veteran.
L. “Son” or “Daughter” means a biological, adopted, or foster child, a step
child, a legal ward, or a child of a person standing in loco parentis, who is
either under age 18, or age 18 or older and “incapable of self-care” because of
a mental or physical disability at the time that FMLA leave is to commence.
M. “Spring semester” means January through
May.
N. “Spouse” is defined in the Family and
Medical Leave Act regulations [29 CFR 825.122(b)].
[1.7.7.7 NMAC - Rp,
1 NMAC 7.7.7, 7/7/2001; A, 1/1/2020]
1.7.7.8 ANNUAL LEAVE:
A. Employees,
except those on full-time educational leave with pay, absence without leave,
leave without pay, unpaid FMLA leave, or suspension without pay shall accrue
annual leave at the rate of:
(1) 3.08 hours per pay period if less than three years of cumulative employment,
(2) 3.69 hours per pay period if three years or more but less than seven
years of cumulative employment,
(3) 4.61 hours per pay period if seven years or more but less than eleven
years of cumulative employment,
(4) 5.54 hours per pay period if eleven years or more but less than fifteen
years of cumulative employment; or
(5) 6.15 hours per pay period if fifteen years or more of cumulative
employment.
B. For
purposes of Subsection
A of 1.7.7.8. NMAC, any employment in the classified or exempt service
and judicial or legislative branches of New Mexico state government shall be
counted in determining years of cumulative employment in the classified
service.
C. For
purposes of Subsection
A of 1.7.7.8. NMAC, employment in programs transferred into the
classified service by legislation or executive order shall count as cumulative
employment.
D. Employees
employed on a part-time basis and employees on furlough who work at least eight
hours in a pay period shall accrue annual leave on a prorated basis.
E. A
maximum of 240 hours of annual leave shall be carried forward after the last
pay period beginning in December.
However, there shall be no limit to the number of annual leave hours
that shall be carried forward after the last pay period of December 2020. Any annual leave hours above 240 that are
carried forward past December 2020 and are not used prior to the pay period
ending July 9, 2021, shall not be carried forward beyond that pay period.
F. Annual
leave shall not be used before it is accrued and must be authorized before it
is taken in accordance with agency policy.
G. Employees
separating from the classified service, except by a reduction in force, shall
be paid for accrued annual leave, as of the date of separation, up to a maximum
of 240 hours at the current hourly rate of their base salary. This payout shall not exceed 240 hours,
notwithstanding any annual leave accrual beyond 240 hours that may occur
pursuant to Subsection E of 1.7.7.8
NMAC.
H. Employees separating
from the classified service as the result of a reduction in force shall be paid
for all accrued annual leave, as of the date of separation, at their current
hourly rate, excluding any annual leave accrual beyond 240 hours that may occur
pursuant to Subsection E of 1.7.7.8
NMAC.
I. The estate of
an employee who dies while in the classified service shall be paid for the
employee’s total accrued annual leave, excluding any annual leave accrual
beyond 240 hours that may occur pursuant to Subsection E of 1.7.7.8 NMAC.
[1.7.7.8 NMAC - Rp,
1 NMAC 7.7.8, 7/7/2001; A, 11/14/2002; A, 1/1/2021; A, 8/1/2021]
1.7.7.9 DONATION OF ANNUAL OR
SICK LEAVE:
A. Employees
may donate annual or sick leave to another employee in the same agency for a medical
emergency with approval of the head of the agency. Employees may also make and receive donations
of annual leave to and from employees in the exempt service in the same agency
for a medical emergency with approval of the head of the agency, as set forth
by the department of finance and administration’s policies for Governor Exempt Employees.
B. Employees may
donate annual leave to the full amount of their accumulated hours.
C. In accordance with the provisions of Section 10-7-10 NMSA
1978, the donation of sick leave is governed by the following restrictions:
(1) employees
who have accumulated more than six hundred hours of sick leave can transfer the
additional amounts over 600 hours to another employee;
(2) the
dollar value of the transferred leave shall equal fifty percent of the monetary
value of the total hours transferred by the donor employee;
(3) no
more than 120 hours of sick leave may be transferred by the donor in any one
fiscal year, with the exception of the year in which an employee retires, when
an employee may transfer up to 400 hours of sick leave;
(4) donations
of sick leave may be made only once per fiscal year on either the pay date
immediately following the first full pay period in January or the first full
pay period in July, unless the employee is retiring.
D. An
agency shall maintain the following documentation:
(1) the name, position title, and hourly rate of base pay of the proposed
leave recipient;
(2) a licensed health care provider’s description of the nature, severity,
and anticipated duration of the emergency involved which has been provided by
the employee or legally authorized representative and a statement that the
recipient is unable to work all or a portion of their work hours; and
(3) any other information which the employing agency may reasonably
require.
E. Supporting
documentation for the request to donate leave shall be kept confidential and
not subject to public inspection without the written consent of the employee.
F. The
agency shall transfer the leave to the leave account of the employee converting
the dollar value of the donor's leave based on the donor's hourly rate of base
pay to hours of leave based on the recipient's hourly rate of base pay.
G. The
recipient of donated leave may not use such leave until first exhausting all
accrued annual and sick leave, compensatory time and personal leave day.
H. Donated
leave shall revert to the employees who donated the leave on a prorated basis
when the medical emergency ends or the employee separates from the agency.
[1.7.7.9 NMAC - Rp,
1 NMAC 7.7.9, 7/7/2001; A, 11/14/2002; A, 7/5/2005; A, 1/1/2021; A, 8/1/2021]
1.7.7.10 SICK LEAVE:
A. Employees,
except those on full-time educational leave with pay, absence without leave,
leave without pay, unpaid FMLA leave, or suspension without pay, shall accrue
sick leave at the rate of 4.00 hours per pay period.
B. Employees
employed on a part-time basis and employees on furlough who work at least eight
hours in a pay period shall accrue sick leave on a prorated basis.
C. Sick
leave may not be used before it is accrued and must be authorized or denied
according to agency policy.
D. An
employee may use sick leave for personal medical treatment or illness or for
medical treatment or illness of a family member, or of a person residing in the
employee's household. Employees affected
by pregnancy, childbirth, and related medical conditions must be treated the
same as persons affected by other medical conditions.
E. There
is no limit to the amount of sick leave that may be accrued.
F. No
payment shall be made for accrued sick leave at the time of separation from the
classified service except as provided by law.
G. Former
employees who were laid off and are returned to work in accordance with the
provisions of 1.7.10.10
NMAC, shall have restored the sick leave they had accrued as of the date
of layoff.
H. Payment for Accumulated Sick Leave:
(1) In accordance with the provisions of Section 10-7-10 NMSA
1978, employees who have accumulated 600 hours of unused sick leave are
entitled to be paid for unused sick leave in excess of 600 hours at a rate
equal to fifty percent of their hourly rate of base pay for up to 120 hours of
sick leave. Payment for unused sick leave may be made only once per fiscal year
on either the payday immediately following the first full pay period in January
or the first full pay period in July.
(2) Immediately prior to retirement from the classified service, employees
who have accumulated 600 hours of unused sick leave are entitled to be paid for
unused sick leave in excess of 600 hours at a rate equal to fifty percent of
their hourly rate of base pay for up to 400 hours of sick leave.
I. An agency shall not
discharge or threaten to discharge, demote, suspend or retaliate or discriminate
against an employee because that employee requests or uses sick leave for
medical treatment or illness of a family member in accordance with the agency’s
sick leave policy, files an appeal alleging violation of the Public Employee
Caregiver Leave Act, Section 10-16H-1, NMSA 1978, et seq., cooperates in an
investigation or prosecution of an alleged violation of that act or opposes any
policy or practice established pursuant to that act.
J. Denials of an employee’s request
for sick leave related to medical treatment or illness of a family member, or
alleged violations of the Public Employee Caregiver Leave Act by an agency
directly impacting an employee, may be appealed to the director through the
agency’s chain-of- command. Appeals to the director must be in writing and
include the agency’s analysis of the reasons for the appeal. The director’s
decision is final and binding.
[1.7.7.10 NMAC - Rp, 1 NMAC 7.7.10, 7/7/2001; A, 11/14/2002; A, 1/1/2020; A, 8/1/2021]
1.7.7.11 LEAVE WITHOUT PAY:
A. Leave
without pay may be approved when:
(1) the agency can assure a position of like status and base pay, at the
same geographic location, upon the return of the employee from leave without
pay; or
(2) the employee agrees in writing to waive that requirement.
B. Leave
without pay shall not exceed 30 consecutive calendar days for employees in
emergency or temporary status.
C. Leave
without pay may not exceed 30 consecutive calendar days for probationers or
employees in term status with less than one year of employment without the
prior approval of the agency. Any leave without pay in excess of 30 consecutive
calendar days shall not be credited toward the probationary period unless the
employee was called to active military duty.
D. Leave
without pay for employees in career status and term status with more than one
year of employment shall not exceed 12 consecutive months without the prior
written approval of the agency.
E. Employees
may be authorized leave without pay for up to one year to temporarily accept a
position in the exempt service. Such leave without pay may be extended with the
approval of the board.
[1.7.7.11 NMAC - Rp,
1 NMAC 7.7.11, 7/7/2001; A, 8/1/2021]
1.7.7.12 FAMILY AND MEDICAL LEAVE:
A. In
addition to other leave provided for in 1.7.7 NMAC eligible employees are entitled
to leave in accordance with the Family and Medical Leave Act (FMLA) of 1993
[29 U.S.C. Section 2601 et seq.], as amended. Employees who have been in the classified
service for at least 12 months (which need not be consecutive) and who have
worked, as defined by Section 7 of the Fair Labor Standards Act [29 U.S.C. Section 201 et seq.],
at least 1250 hours during the 12-month period immediately preceding the start
of FMLA leave are eligible employees. In addition, employment in the exempt
service, legislative or judicial branch, shall count as classified employment
for purposes of this rule.
B. An
eligible employee is entitled to a total of 12 weeks of unpaid FMLA leave in a
12-month period for the birth and care of a newborn child of the employee
within one year of the birth; the placement with the employee of a child for
adoption or foster care and the care of the newly placed child within one year
of placement; the care of the employee’s child, parent, spouse, or domestic
partner who has a serious health condition; and the employee’s own serious
health condition that makes the employee unable to perform the essential
functions of their job; or any other qualifying exigency arising out of the
fact that the spouse, domestic partner, son, daughter or parent of the employee
is on covered active duty or has been notified of an impending call or order to
covered active duty status, as defined in the FMLA regulations [29 CFR
825.102], including issues resulting
from short-notice deployment, military events and related activities, childcare
and school activities for the military member’s child, financial and legal
arrangements to address the military member’s absence while on covered active
duty, counseling, spending time with the military member while on short-term
leave, post-deployment activities, care of the military member’s parent who is
incapable of self-care, and other activities in accordance with the FMLA
regulations [29 CFR 825.126]. The
12-month period is calculated forward from the date an employee’s first FMLA
leave begins.
C. An eligible
employee who is the spouse, domestic partner, son, daughter, parent, or next of
kin of a covered servicemember with a serious illness or injury sustained in
the line of duty on active duty is entitled to up to 26 weeks of unpaid FMLA
leave in a single 12-month period to care for the servicemember. This military
caregiver leave is available during a single 12-month period during which an
eligible employee is entitled to a combined total of 26 weeks of all types of
FMLA leave. The 12-month period is calculated forward from the date an
employee’s first FMLA leave begins. [29
CFR 825.127]
D. An employee may elect, or an agency
may require the employee, to substitute any of the employee’s accrued annual
leave, accrued sick leave, personal leave day, accrued compensatory time, or
donated leave for any part of
unpaid FMLA leave.
E. If a paid holiday occurs within a
week of FMLA leave, the holiday is counted towards the FMLA entitlement.
However, if an employee is using FMLA in increments less than one week, the
holiday does not count against
the employee’s FMLA entitlement unless the employee was otherwise scheduled and
expected to work during the holiday.
F. Employees
shall not accrue annual and sick leave while on unpaid FMLA leave.
G. Agencies
shall post the required FMLA notices, maintain the required employee records,
and implement agency policies in accordance with the FMLA. All medical records
and correspondence relating to employees and/or their families shall be
considered confidential in accordance with 1.7.1.12 NMAC.
H. Disputes
over the administration of this rule shall be forwarded to the director for
resolution.
I. As a condition
for restoring an employee whose own serious health condition required FMLA
leave, an agency may require the employee to provide certification from their
health care provider that the employee is able to resume work. The fitness-for-duty certification may only
pertain to the specific health condition that required FMLA leave.
[1.7.7.12 NMAC - Rp,
1 NMAC 7.7.12, 7/7/2001; A, 11/14/2002; A, 6/30/2006; A, 10/15/2008; A/E,
1/27/2009; A, 5/14/2009; A, 1/1/2020; A, 8/1/2021]
1.7.7.13 ABSENCE WITHOUT LEAVE:
A. Employees
who fail to appear for work without authorized leave or who appear for work but
are in violation of agency policy governing their readiness for work shall be
considered to be absent without leave.
B. Employees
shall not be paid for any periods of absence without leave and shall not accrue
annual or sick leave.
[1.7.7.13 NMAC - Rp,
1 NMAC 7.7.13, 7/7/2001]
1.7.7.14 ADMINISTRATIVE LEAVE:
A. An
agency may authorize employees leave with pay for up to five consecutive work
days when it is in the best interests of the agency to do so. Administrative
leave in excess of five consecutive work days must have the prior written
approval of the director except for administrative leave granted in accordance
with the provisions of Paragraph (2) of Subsection B of 1.7.8.19 NMAC or Paragraph (2) of
Subsection D of 1.7.8.19 NMAC or 1.7.11.12 NMAC.
B. Employees
who are members of a state board or commission may be entitled to leave with
pay to attend meetings or transact business of the board or commission.
C. Employees
who are registered voters may absent themselves from work for two hours for the
purpose of voting between the time of the opening and the time of the closing
of the polls. The employer may specify
the hours during the period in which the voter may be absent. This leave is not available to employees
whose work day begins more than two hours subsequent to the time of opening the
polls or ends more than three hours prior to the time of closing the
polls. This leave is only available for
those elections listed in Subsection A of Sections 1-12-42 and 1-1-19 NMSA 1978
and does not apply to absentee or early voting.
D. Employees shall be entitled to administrative leave when appearing
during regularly scheduled work hours in obedience to a subpoena as a witness
before a grand jury or court or before a federal or state agency. Fees received
as a witness, excluding reimbursement for travel, shall be remitted to the
employee's agency. Employees shall not
be entitled to administrative leave to participate in judicial or
administrative proceedings against an agency or the state of New Mexico in
which the employee is a litigant in or party to the proceeding.
E. Employees
shall be entitled to leave with pay for serving on a grand or petit jury during
regularly scheduled work hours. Fees received as a juror, excluding
reimbursement for travel, shall be remitted to the employee's agency.
F. Employees with a
child or children enrolled in a school shall be entitled to the following
amounts of paid administrative leave for parent-teacher conferences, provided
that the express purpose of the leave is to attend a parent-teacher conference
during the employee’s normal work day; provided that the leave is not being
requested for parental participation or assistance in extra-curricular school
activities; provided that the employee follows any procedures required by the
office or agency to request paid administrative leave for the parent-teacher
conference; and, provided that the employee provides reasonable notice to the
agency in an effort to avoid disruption to operational needs:
(1) Employees
with three or more children may be granted up to four hours of paid
administrative leave during the spring semester, and up to four hours of paid
administrative leave during the fall semester for parent-teacher conferences;
and
(2) Employees
with one child or two children may be granted up to two hours of paid
administrative leave during the spring semester, and up to two hours of paid
administrative leave during the fall semester for parent-teacher conferences.
(3) Two employees may request available
leave to attend the same scheduled parent-teacher conference for their
children.
[1.7.7.14 NMAC - Rp,
1 NMAC 7.7.14, 7/7/2001; A, 11/14/2002; A, 7/5/2005; A, 1/1/2020; A, 8/1/2021]
1.7.7.15 EDUCATIONAL LEAVE:
A. An
agency may grant employees educational leave with or without pay to pursue
training related to their employment that is of immediate or potential value to
the agency, including new ideas and innovation that could result from an
employee’s education on a variety of subjects, expansion of employee skill sets
for later promotional or leadership opportunities, and retention. “Educational leave” means time away from
work, paid or unpaid, for approved coursework at an academic institution,
including participation in classes and travel between an employee's normal work
site and the academic institution.
Educational leave may be requested as part-time administrative leave
with pay or full-time Educational Leave without pay.
B. Employees
on full-time educational leave with pay shall not accrue annual or sick leave.
C. Employees
who are working part-time while on educational leave shall accrue annual and
sick leave in accordance with the provisions of Subsection D of 1.7.7.8 NMAC and Subsection B of
1.7.7.10
NMAC.
D. Employees
who are granted paid educational leave and who leave the employ of the agency
within one year of the conclusion of the educational leave, must reimburse the
agency for any tuition, expenses, or costs that the agency paid on behalf of
the employee. Employees who are granted
paid educational leave and who fail to complete any coursework, testing, or
requirements of the educational program must reimburse the agency for any
tuition, expenses, or costs that the agency paid on behalf of the employee.
[1.7.7.15 NMAC - Rp,
1 NMAC 7.7.15, 7/7/2001; A, 1/1/2020]
1.7.7.16 MILITARY LEAVE:
A. Members
of organized reserve units or the national guard ordered to training shall be
given up to 15 workdays of paid military leave per federal fiscal year. These
15 workdays are in addition to other authorized leave.
B. The
governor may grant members of the national guard ordered to training up to 15
days of paid military leave, in addition to that already given by law. Such
additional leave must not exceed 15 workdays per federal fiscal year.
C. Members of the state defense force shall be granted paid military leave
to attend officially authorized training or instruction courses. Such leave
applies only to full-time employees and must not exceed 30 workdays per federal
fiscal year.
D. Members of the civil air patrol shall be granted military leave not to
exceed 30 workdays per calendar year for search and rescue missions.
E. Employees
on military leave with pay shall accrue annual and sick leave.
F. Employees
who are members of a reserve component of the United States armed forces shall,
upon request, be granted unpaid leave for the period required to perform active
duty for training or inactive duty training in the United States armed forces.
G. This rule does
not apply to employees in temporary or emergency status.
[1.7.7.16 NMAC - Rp,
1 NMAC 7.7.16, 7/7/2001; A, 11/14/2002; A, 7/5/2005; A, 1/1/2020]
1.7.7.17 PERSONAL LEAVE DAY:
A. Employees in career status are entitled to two personal leave days each
calendar year. The personal leave days
will be consistent with the employee's normal workday. Such leave must be
requested and approved in advance.
B. Each
personal leave day must be taken during consecutive hours.
C. The
personal leave days must be taken by December 31 or they will be lost.
D. Employees
who do not take their personal leave days shall not be paid for them upon
separation from the classified service.
[1.7.7.17 NMAC - Rp,
1 NMAC 7.7.17, 7/7/2001; A, 11/14/2002; A, 10/15/2008; A, 1/1/2021]
1.7.7.18 TRANSFER OF LEAVE:
A. Employees
who transfer from one agency to another shall retain all accrued annual,
personal and sick leave.
B. All accrued annual and sick leave shall be transferred
when persons change status from a position in the exempt service to a position
in the classified service without a break in employment.
C. Agencies
shall accept all accrued sick leave from persons who separate from the judicial
or legislative branches of state government and are employed in the classified
service without a break in employment of such separation.
[1.7.7.18 NMAC - Rp,
1 NMAC 7.7.18, 7/7/2001; A, 11/14/2002]
1.7.7.19 DONATING AN ORGAN OR BONE MARROW:
A. In accordance
with the provisions of NMSA 1978, Section 24-28-3, an agency head may authorize
a leave of absence, not to exceed twenty workdays, to an employee for the
purpose of donating an organ or bone marrow.
B. In accordance with the provisions of 1.7.7.9 NMAC, an
employee may request and use donated annual or sick leave for the purpose of
donating an organ or bone marrow.
C. If an employee
requests donations of annual leave or sick leave but does not receive the full
amount of leave needed for the donation of an organ or bone marrow, the agency
head may grant paid administrative leave for the remainder of the needed leave
up to the maximum total of twenty workdays.
D. An agency head
may require verification by a physician regarding the purpose of the leave
requested and information from the physician regarding the length of the leave
requested.
E. Any paid leave
of absence granted pursuant to this provision shall not result in a loss of
compensation, seniority, annual leave, sick leave or accrued overtime for which
the employee is otherwise eligible.
[1.7.7.19 NMAC - N,
12/1/2010]
1.7.7.20 BEREAVEMENT
LEAVE:
A. Agencies may
grant bereavement leave to employees who have experienced the death of a
relation by blood or marriage within the third degree or a person residing in
the employee’s household.
B. Bereavement leave is a form of administrative leave that
an agency may grant to employees in accordance with 1.7.7.14(A) NMAC. The agency may authorize bereavement leave for
up to five consecutive workdays when it is in the best interests of the agency
to do so. Bereavement leave in excess of
five consecutive workdays must have the prior written approval of the director.
C. An agency may
supplement bereavement leave by authorizing an employee to use accrued annual
or sick leave or compensatory time to attend the funeral of a relation by blood
or marriage within the third degree or a person residing in the employee's
household.
[1.7.7.20 NMAC – N,
8/1/2021]
HISTORY OF 1.7.7 NMAC:
Pre-NMAC History:
Material in this
part was derived from that previously filed with the Commission of Public
Records - State Records Center and Archives as:
SPB Rule 13, Leaves
of Absence, filed 5/22/1980;
SPB Rule 13, Leaves
of Absence, filed 9/1/1981;
SPB Rule 13, Leaves
of Absence, filed 9/4/1981;
SPB Rule 13, Leaves
of Absence, filed 7/22/1982;
SPB Rule 13, Leaves
of Absence, filed 10/21/1982;
SPB Rule 13, Leaves
of Absence, filed 3/7/1986;
SPB Rule 13, Leaves
of Absence, filed 10/17/1986;
SPB Rule 13, Leaves
of Absence, filed 1/13/1989;
SPB 15, Absence and
Leave, filed 4/4/1990;
SPB 15, Absence and
Leave, filed 12/13/1990;
SPB 10, Absence and
Leave, filed 12/15/1992;
SPB 10, Absence and
Leave, filed 8/3/1993;
SPB 10, Absence and
Leave, filed 12/2/1993;
SPB 10, Absence and
Leave, filed 3/18/1994;
SPB 10, Absence and
Leave, filed 12/1/1994;
SPB 10, Absence and
Leave, filed 12/29/1994;
SPB 10, Absence and
Leave, filed 1/27/1995;
SPB 10, Absence and
Leave, filed 3/20/1995;
SPB 10, Absence and
Leave, filed 9/1/1995.
History of Repealed Material:
1 NMAC 7.7, Absence and Leave, filed 6/13/1997.
Other History:
1 NMAC 7.9, Absence
and Leave, filed 1/12/1996 replaced
SPB 10, filed 9/1/1995;
1 NMAC 7.7, Absence
and Leave, filed 6/13/1997 replaced 1
NMAC 7.9, Absence and Leave, filed 1/12/1996;
1 NMAC 7.7, Absence
and Leave, filed 6/13/1997 replaced by
1.7.7 NMAC, Absence and Leave, effective 7/7/2001.