TITLE 1 GENERAL GOVERNMENT ADMINISTRATION
CHAPTER 7 STATE PERSONNEL ADMINISTRATION
PART 7 ABSENCE AND LEAVE
18.104.22.168 ISSUING AGENCY: State Personnel Board.
[22.214.171.124 NMAC - Rp, 1 NMAC 7.7.1, 7/7/2001]
126.96.36.199 SCOPE: All state agencies in the classified service.
[188.8.131.52 NMAC - Rp, 1 NMAC 7.7.2, 7/7/2001]
184.108.40.206 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.
[220.127.116.11 NMAC - Rp, 1 NMAC 7.7.3, 7/7/2001; A, 11/14/2002]
18.104.22.168 DURATION: Permanent.
[22.214.171.124 NMAC - Rp, 1 NMAC 7.7.4, 7/7/2001]
126.96.36.199 EFFECTIVE DATE: 7/7/2001 unless a later date is cited at the end of a section.
[188.8.131.52 NMAC - Rp, 1 NMAC 7.7.5, 7/7/2001]
184.108.40.206 OBJECTIVE: The objective of Part 7 of Chapter 7: is to provide for the accrual and administration of leave available to employees.
[220.127.116.11 NMAC - Rp, 1 NMAC 7.7.6, 7/7/2001]
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)].
[18.104.22.168 NMAC - Rp, 1 NMAC 7.7.7, 7/7/2001; A, 1/1/2020]
22.214.171.124 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 126.96.36.199. 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 188.8.131.52. 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 184.108.40.206 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 220.127.116.11 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 18.104.22.168 NMAC.
[22.214.171.124 NMAC - Rp, 1 NMAC 7.7.8, 7/7/2001; A, 11/14/2002; A, 1/1/2021; A, 8/1/2021]
126.96.36.199 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.
[188.8.131.52 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]
184.108.40.206 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 220.127.116.11 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.
[18.104.22.168 NMAC - Rp, 1 NMAC 7.7.10, 7/7/2001; A, 11/14/2002; A, 1/1/2020; A, 8/1/2021]
22.214.171.124 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.
[126.96.36.199 NMAC - Rp, 1 NMAC 7.7.11, 7/7/2001; A, 8/1/2021]
188.8.131.52 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 184.108.40.206 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.
[220.127.116.11 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]
18.104.22.168 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.
[22.214.171.124 NMAC - Rp, 1 NMAC 7.7.13, 7/7/2001]
126.96.36.199 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 188.8.131.52 NMAC or Paragraph (2) of Subsection D of 184.108.40.206 NMAC or 220.127.116.11 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.
[18.104.22.168 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]
22.214.171.124 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 126.96.36.199 NMAC and Subsection B of 188.8.131.52 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.
[184.108.40.206 NMAC - Rp, 1 NMAC 7.7.15, 7/7/2001; A, 1/1/2020]
220.127.116.11 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.
[18.104.22.168 NMAC - Rp, 1 NMAC 7.7.16, 7/7/2001; A, 11/14/2002; A, 7/5/2005; A, 1/1/2020]
22.214.171.124 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.
[126.96.36.199 NMAC - Rp, 1 NMAC 7.7.17, 7/7/2001; A, 11/14/2002; A, 10/15/2008; A, 1/1/2021]
188.8.131.52 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.
[184.108.40.206 NMAC - Rp, 1 NMAC 7.7.18, 7/7/2001; A, 11/14/2002]
220.127.116.11 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 18.104.22.168 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.
[22.214.171.124 NMAC - N, 12/1/2010]
126.96.36.199 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 188.8.131.52(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.
[184.108.40.206 NMAC – N, 8/1/2021]
HISTORY OF 1.7.7 NMAC:
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.
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.