Legal holidays will be designated by the Board of County Commissioners
at the beginning of each calendar year. Compensation for holidays
will be eight hours pay for all eligible employees except for some
law enforcement and Detention Center employees. Law enforcement employees
and Detention Center employees, depending on the shift schedule worked,
will receive compensation as set out in the Fair Labor Standards Act.
The following conditions will apply with respect to holidays and holiday
pay:
A.
Part-time, temporary, and seasonal employees are not entitled to
holiday pay;
B.
Part-time employees who work on a holiday will not be paid holiday
pay but will be paid only for the number of hours actually worked
at their regular hourly wage;
C.
When a holiday falls on an employee's day off, the employee's
holiday shall be observed on the following workday, workload permitting,
as determined by the department head, elected official or county manager
or the employee will be paid appropriate holiday pay;
D.
When a full-time classified employee is required to work on holiday
compensation, he/she will be paid for the regular work hours worked
in addition to holiday pay. In other words, compensation will be paid
at twice the regular pay for actual hours worked on a holiday;
E.
When a holiday falls while an employee is on annual leave, the day
shall be counted as a holiday, and not an annual leave day;
F.
Employees absent without leave on their scheduled workday before
or after a holiday will not receive pay for that holiday unless the
employee is on approved sick or annual leave pursuant to this chapter.
A.
Annual leave must be approved by the employee's supervisor prior
to being taken. Reasonable efforts will be made to accommodate the
employee's request. Approval will be subject to advance notification
and the needs of the department. Annual leave allowance for full-time
classified employees shall accrue as follows:
(1)
Less than five years accumulated service: eight hours annual leave
per month.
(2)
More than five years but less than 10 years accumulated service:
10 hours annual leave per month.
(3)
More than 10 but less than 15 years accumulated service: 12 hours
annual leave per month.
(4)
More than 15 but less than 20 years accumulated service: 14 hours
annual leave per month.
(5)
Twenty years or more accumulated service: 16 hours annual leave per
month.
B.
Any employees working a twelve-hour shift and qualifies under the Fair Labor Standards Act, § 207K shall accumulate an additional 5% (rounded to the nearest quarter hour) in accumulated annual leave above what is stated in Subsection A(1) through (5) above to compensate for the additional hours worked under that plan.
C.
An employee does not accrue annual leave for overtime hours worked.
D.
Annual leave will not be granted in advance of accrual.
E.
An employee may take annual leave any time before separation from
County employment with the written approval of the department head,
elected official, or County Manager.
Total number of accrued annual leave hours shall not exceed
a maximum of 280 hours. There is no accrual limitation for sick leave.
Employees shall be paid for all accrued annual leave upon termination.
Full-time employees shall accrue sick leave at the rate of eight
hours per month. Sick leave may be authorized by the employee's
supervisor, when such leave is requested, when an employee is unable
to perform normal job duties due to medical considerations such as,
but not limited to, the following: illness, injury, prearranged medical
or dental examination, quarantine, therapy, counseling, and treatment,
or when a member of the employee's immediate family is ill and
requires the personal attention of the employee. An employee may be
terminated for abusing sick leave. Law enforcement and Detention Center
employees (84-hour) accrue sick leave in accordance with the applicable
collective bargaining agreement.
NOTE: There is no accrual limitation and there shall be no pay
compensation for sick leave upon termination.
Consistent with the needs of the County and after consideration
of the departmental workload and needs, the elected official, department
head, or County Manager determines that the receiving employee is
in need of leave due to catastrophic illness, resulting in a long-term,
unexpected absence, which is certified by a physician and which was
beyond the receiving employee's control. The elected official
or department head shall consult with the County Manager and document,
in writing, the reasons for granting or denying the request. Any employee
with an accumulated sick leave balance of 160 hours (minimum) or more
may donate accrued annual and/or sick hours, which will be converted,
as needed, into donated sick hours for another employee's use.
NOTE: Annual leave cannot be donated and then used as annual leave.
It is the employee's responsibility to contact Human Resources
to request donated time. An employee who is out of sick and annual
leave hours may use these donated hours for their own recovery due
to injury or illness or to provide care for an immediate family member's
recovery due to injury or illness. A certificate of illness or injury
will be required from a physician in order to qualify to use donated
hours. Approvals for receiving donated leave are valid for a period
of 30 days. If, after 30 days, donated leave is still required, a
new donated leave request must be submitted by the employee (or department
head, if employee is unavailable). Once an employee is approved for
donated time, a request will be sent to all departments seeking donations
for the individual request. Employees donating time must complete
the form to donate time and submit the form to Payroll for processing.
(Forms may be obtained by contacting Human Resources.) Time will be
taken from donating employees accrual on a first-come, as-needed basis.
Only hours necessary to ensure the receiving employee has sufficient
paid leave for the current pay period will be used. If time is not
needed, it will not be deducted from the donating employee's
accrual. In the case of a terminating employee donating leave, any
leave donated but not deducted as of the pay period ending date of
his/her final check will be returned to the county. Upon termination,
these hours are no longer eligible to be donated. No information will
be released to employees regarding the medical condition of the requesting
employee without the expressed written permission of the employee
requesting donated time. Under no circumstances, including termination,
can these donated hours be converted into cash.
Otero County provides family medical leave of absence in accordance
with the Family Medical Leave Act of 1993 (FMLA). This provision allows
for leave without pay and is available to eligible employees who wish
to take time off from work duties to fulfill family obligations relating
directly to the birth or adoption of a child or the illness of a child,
spouse, parent or the employee themselves. As soon as an eligible
employee becomes aware of the need for a family medical leave of absence,
they shall request leave from their supervisor. Employees requesting
family medical leave related to the illness of a child, spouse, parent
or the employee themselves shall be required to provide a physician's
statement verifying the need for leave. Eligible employees who do
not request family medical leave in advance for a qualifying event
will automatically be placed on family medical leave as soon as it
is determined by Human Resources that their leave qualifies for protections
under the Act. Eligible employees are allowed up to 12 weeks of family
medical leave. Eligibility for leave will be determined on a twelve-month
rolling back calendar. The employee will be required to take any available
vacation or sick leave as part of the approved period of leave. Subject
to the terms, conditions and limitations of the applicable plans,
Otero County will continue to provide the county portion of health
insurance benefits for the full period of the approved family/medical
leave. The employee must continue to pay their portion for health
benefits to remain in effect. When family medical leave ends, every
reasonable effort will be made to return the employee to the same
position, if it is available, or to a similar available position for
which the employee qualifies. Otero County guarantees reinstatement
to all eligible employees who are not key employees. If the employee
fails to return to work or contact their supervisor on or before their
expected date of return, Otero County will assume that the employee
has abandoned their job. Slightly different rules under FMLA apply
for positions designated as key employees, those who are salaried
and among the highest 10% of Otero County's workforce. Key employees
are entitled to FMLA; however, key employees are not guaranteed reinstatement.
NOTE: Employees are not permitted to work in an outside job
during FMLA leaves of absence unless a specific request for outside
employment during the FMLA period is made in advance of the leave
and approved by the County Manager.
A physician's written certification shall be required prior
to receipt of sick leave pay, at the discretion of the elected official,
County Manager, or department head, when an employee is absent for
three or more days to verify illness; or when there are excessive
absences, a trend in abuse of sick leave, or other evidence which
appears to indicate that the employee is not ill.
NOTE: An elected official, County Manager, or department head
may request a physician's certificate of physical examination
when a pattern of sick leave develops or when work performance is
inadequate due to frequent absences. In cases where the County requests
a physical examination, the County will pay for the examination.
An employee may be granted or placed on administrative leave
with or without pay at the discretion of the elected official or County
Manager.
A.
Disciplinary administrative leave. An employee placed on administrative
leave for disciplinary reasons shall be required to turn in all County
property, including keys, badge and any other equipment assigned.
The employee shall not contact any County employee regarding the disciplinary
matter other than the department head or Human Resources staff, or
for the purpose of requesting County employees as witnesses, and shall
not return to the workplace until requested by County management.
During the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday,
the employee is to remain available for County business. The employee
may be required to remain in contact with the Human Resources Director
for the duration of the administrative leave.
Emergency leave may be granted in the event of death in the
employee's immediate family or other family emergency that requires
the employee's personal care and attendance. Employees may be
granted up to three days administrative leave with pay to attend the
funeral of a member of his immediate family or to attend or care for
an immediate family member as the result of some other immediate emergency.
In the event of extenuating circumstances, additional sick leave and/or
administrative leave with or without pay may be granted by the County
Manager in consultation with the elected official or department head.
A.
Otero County provides a comprehensive workers' compensation
insurance program at no cost to employees. This program covers any
injury or illness sustained in the course of employment that requires
medical, surgical, or hospital treatment. Subject to applicable legal
requirements, workers' compensation insurance provides benefits
after a short waiting period, or if the employee is hospitalized,
immediately. Employees who sustain work-related injuries or illnesses
shall inform their supervisor immediately. No matter how minor an
on-the-job injury may appear, it is important that it be reported
immediately. This will enable an eligible employee to qualify for
coverage as quickly as possible. Neither Otero County nor the insurance
carrier will be liable for the payment of workers' compensation
benefits for injuries that occur during an employee's voluntary
participation in any off-duty recreational, social, or athletic activity
sponsored by Otero County.
B.
Subject to the terms, conditions and limitations of the applicable
plans, Otero County will continue to provide health insurance benefits
while the employee is receiving workers' compensation benefits.
Eligible employees will automatically be placed on family medical
leave as soon as it is determined by Human Resources that their leave
qualifies for protections under the Act.
An employee injured on the job will use accrued annual or sick leave for the first seven scheduled workdays after the injury occurs except as noted in the Law Enforcement Agreement. (For payroll purposes, Law Enforcement injuries on the job will be posted as Injury Leave with Pay.) If the employee is on workers' compensation for more than four weeks and is entitled to compensation for the first seven days of injury, the workers' compensation payments received for all such days shall be paid directly to the County by the workers' compensation carrier. In that event, annual or sick leave used by the employee in lieu of workers' compensation shall be re-credited to the employee upon the County's receipt of the reimbursement by workers' compensation after the expiration of the statutory waiting period. Employees shall be certified by a physician for a specified period as unable to return to work while receiving workers' compensation benefits. The County may, at its discretion, request certification of the injury from a physician of its choice. An employee will not accrue any benefits, including pay for holidays, while receiving workers' compensation benefits. The County, at its discretion, may terminate the employee consistent with workers' compensation laws and § 58-4.7 of this policy.
Employees are encouraged to exercise their right to vote before
or after regular working hours. If an employee is unable to vote before
or after working hours, the County shall provide adequate time to
vote during regular working hours not to exceed two hours. The employee's
supervisor may specify the hours for the leave. This leave will not
be granted to any employee whose workday begins more than two hours
subsequent to the time of the opening of the polls or ends two hours
before the closing of the polls. This leave will not be granted to
employees who are not eligible to vote in the scheduled election.
Pay for jury duty shall be authorized only for those days that
the employee is scheduled to work. If excused by the court during
a working day, the employee shall return to work. If the employee
does not return to work, the balance of the day will be charged to
annual leave or leave without pay. Employees serving as a juror must
surrender to the County any compensation or pay other than for meals
or mileage. Employees will be allowed to retain any jury duty pay
for hours served beyond their regular work hours. Employees shall
provide the payroll department with a copy of their Juror Attendance
Record reflecting the actual time served on the jury. The form shall
be signed by the appropriate employee from the District Court Clerk's
Office. When jury duty consumes or exceed the entire work shift for
the employee, the employee shall only receive pay for the work shift,
not the actual hours spent in jury duty.
Except as otherwise specified in this policy, leave without
pay is a benefit which may be approved for employees that require
an authorized leave of absence. Leave without pay may be granted only
if the employee's position or similar position can be assured
as being available upon return of the employee and should be carefully
considered. An employee on leave without pay for more than 14 consecutive
calendar days will not accrue any leave or be eligible for receiving
the County share of any benefits, including, but not limited to: PERA
contributions, health insurance premiums and/or any other benefits
to which the employee would otherwise be entitled.
Employees with life-threatening illnesses, such as cancer, heart
disease, and AIDS, often wish to continue their normal pursuits, including
work, to the extent allowed by their condition. Otero County supports
these endeavors as long as employees are able to meet acceptable performance
standards. As in the case of other disabilities, Otero County will
make reasonable accommodations in accordance with all legal requirements,
to allow qualified employees with life-threatening illnesses to perform
the essential functions of their jobs. Medical information on individual
employees is treated confidentially. Otero County will take reasonable
precautions to protect such information from inappropriate disclosure.
Management as well as other employees has a responsibility to respect
and maintain the confidentiality of employee medical information.
Anyone inappropriately disclosing such information is subject to disciplinary
action up to and including termination of employment.
The County Manager, after consulting with elected officials,
may close offices and/or send employees home due to inclement weather.
A.
Otero County supports the Armed Forces of the United States and the
men and women who serve. Military leave will be granted in accordance
with the Uniformed Services Employment and Reemployment Rights Act
of 1994 (USERRA, 38 U.S.C. §§ 4301 - 4335.) NOTE: USERRA's
definition of "service in the uniformed services" covers all categories
of military training and service, including duty performed on a voluntary
or involuntary basis, in time of peace or war". Although most often
understood as applying to National Guard and reserve military personnel,
USERRA also applies to persons serving in the active components of
the Armed Forces. Certain types of service specified in 42 U.S.C.
300hh-11 by members of the National Disaster Medical System are covered
by USERRA. In general, if the employee has been absent from a position
of civilian employment by reason of service in the uniformed services,
he or she will be eligible for reemployment under USERRA by meeting
the following criteria:
(1)
Military leave must be requested 20 working days in advance
(verbal or written request). In emergency situations, documentation
will be provided stating the nature of the emergency in lieu of the
twenty-day advance.
(2)
The employer has advance notice of the employee's service;
(3)
The employee returns to work in a timely manner; and,
(4)
The employee has not been separated from service with a disqualifying
discharge or under other than honorable conditions.
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NOTE: Paid military leave is granted for authorized reserve
or National Guard activities for a maximum of 15 working days during
a one-year period based on the federal government's fiscal year
from October 1 to September 30. Employees voluntarily or involuntarily
serving on extended active duty for more than 15 working days shall
be placed on leave without pay. The employee taking unpaid military
leave will not be required to exhaust accrued annual leave.
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B.
Employees Returning from Qualifying Service Under USERRA. Any employee
who leaves a position he has held with the County, other than a temporary
position, to enter the Armed Forces of the United States, National
Guard, or other organized reserve, and who serves on active duty and
is honorably discharged or released from an active-duty status and
who is still qualified to perform the duties of a County position,
may be re-employed in accordance with the rules set forth in the Uniformed
Services Employment and Reemployment Rights Act of 1994 (USERRA, 38
U.S.C. §§ 4301-4335).
NOTE: The returning employee will be deemed to have accrued
seniority and length-of-service rights as though their employment
with the County had been continuous since the date of initial employment.
The returning employee shall have all unused annual leave and sick
leave accrued at the time of their departure for military service
restored.
This section covers employees who are on leave due to an injury
or illness. Because employees are Otero County's most valuable
resource, Otero County attempts to help employees return to work as
soon as possible after their physician certifies their fitness to
do so. Return-to-work decisions and job duties will be established
by the County Manager in consultation with elected officials and department
heads with due regard for the employee's medical condition and
the clearance provided by the attending physician.
A.
Coordination with attending physician. An employee on leave due to
an injury or illness can return to work only when Otero County receives
the attending physician's written medical release authorizing
such return. Employees who have been given a restricted-duty or light-duty
release from their doctor shall report to the Human Resources Department
prior to attempting to return to work. The County's Human Resources
Department is responsible for providing the physician with a copy
of the employee's job description, copies of job descriptions
for potential restricted-duty assignments, and written information
explaining Otero County's return-to-work program.
NOTE: The Human Resources Department is responsible for working
with supervisors to ensure that job descriptions accurately and completely
describe the essential functions of each position.
B.
Return-to-work options. Arrangements to facilitate an employee's
early return to work are made in consultation with the attending physician
and/or other qualified medical professionals. The following options
will be explored:
(1)
Return to prior position. An employee is offered the opportunity
to return to his or her prior position if the attending physician
certifies that the employee can perform the essential functions of
the job with or without reasonable accommodations. The Human Resources
Department is responsible for working with the employee's supervisor
and attending physician (and/or third-party consultants to provide
reasonable accommodation).
(2)
Restricted duty. Any employees who are not yet able to return
to their former duties are offered a temporary restricted-duty assignment
that has been approved by the employee's attending physician.
The Human Resources Department is responsible for working with the
employee's supervisor, the Human Resources Specialist, and the
employee's attending physician to develop and implement the restricted-duty
assignment. The assignment can consist of the employee's regular
job, with reduced working hours or reduced activities, or an alternative
restricted-duty position.
C.
Limitations on restricted-duty assignments. The following limitations
apply to restricted duty assignments:
(1)
No guarantee of work. Otero County will endeavor to return employees
to gainful employment as soon as possible by exploring possible restricted-duty
assignments. However, Otero County does not guarantee the availability
of restricted-duty work.
(2)
Eight-week limit. Restricted duty assignments are temporary
arrangements intended to complement and facilitate the healing process.
Restricted-duty assignments cannot exceed eight weeks without approval
from the Otero County Manager.
D.
Workers' compensation benefits. Employees on workers' compensation
who return to work before they have reached maximum medical improvement
(MMI) may be eligible for temporary partial disability benefits under
New Mexico Workers' Compensation law.[1] Employees in restricted-duty positions are not permitted
to supplement their workers' compensation benefits by using their
accrued vacation, personal, or medical/sick leave.
[1]
Editor's Note: See N. M. S. A. 1978, § 52-1-1
et seq.
E.
Medical information. All employee medical information is held in
strict confidence in accordance with state and federal laws.
F.
Coordination with EMLA. Nothing in this policy should be construed
as denying employees their rights under the Family Medical Leave Act
or any other federal or state law.
