An employee may be demoted to a position for which the employee
is qualified when the employee would otherwise be terminated because
the employee's position is being abolished due to lack of funds
or lack of work and there are no appropriate vacancies at the same
level; when the employee's job is being reclassified; when the
employee does not demonstrate the necessary ability to render satisfactory
performance in the position presently held, or when the employee voluntarily
requests such a demotion, provided there is a position available.
An employee voluntarily resigning shall submit, in writing,
a two-week minimum notice of resignation. Failure to provide this
written notice may be grounds for refusal of future employment with
Otero County. Unauthorized absence from work for a period of three
consecutive regularly scheduled working days shall be considered a
voluntary resignation.
Any full-time employee who is laid off and returns within six
months of layoff shall not have to serve a probationary period if
the employee returns to their previous position. A laid-off returning
employee will be credited for all unused sick leave remaining at the
time of layoff if the employee returns within the six-month period
and serves for three continuous years. Layoff return privileges end:
A. Six months after the effective layoff date;
B. After an employee has refused employment in a position for which
the employee is qualified and/or for which the pay rate is the same
or higher than the position previously held;
C. When a laid off employee accepts another position with the County.
A laid-off employee accepting another position with the County shall
serve the required probationary period.
Employees may be involuntarily terminated upon completion of the twelve-week family/medical leave if the employee is physically unable to perform the essential duties of the employee's position as certified by a qualified, licensed physician. The provisions of this paragraph are subject to the provisions regarding Workers' Compensation Laws and On the Job Injury Leave found in §§
58-9.11 and
58-9.12 of this chapter.
Individuals that are rehired or reinstated as a regular employee
are not entitled to any previous benefits such as sick leave, which
may have been accrued during previous employment with the County.