Authorized leave is any absence, with or without pay, during regularly scheduled work hours which has been approved by the town manager, department director or other designated supervisor. Leave is granted in accordance with work load requirements and must be approved in writing in advance whenever possible, using the town leave request form before the date of the leave. Approved leave request forms will be submitted to the finance department/payroll administrator with the time and attendance records each pay period. Employees and their department director or other designated supervisor are mutually responsible for planning and scheduling the use of employees’ personal leave throughout the year. Employees should request leave in a timely manner, and supervisors should provide timely responses to employees’ requests. The department director or designated supervisor shall approve or deny the requested leave within three (3) days of receipt of the request. Personal leave will not be unreasonably denied.
(Ordinance 18-01 adopted 2018)
Unauthorized leave is any absence without the approval of the town manager, department director or other designated supervisor. Unauthorized leave is subject to loss of pay and/or disciplinary action, up to and including termination. If an employee is absent without authorized leave for a period of three (3) consecutive days, he or she will be considered to have voluntarily resigned from town employment, without appeal.
(Ordinance 18-01 adopted 2018)
A. 
Personal leave benefit.
Personal leave is an employee authorized leave benefit provided by the town government which provides time off from regular duty, with pay, when an employee schedules time off from work; is unable to work due to the employee’s illness; or due to illness in the employee’s immediate family. Personal leave may be taken from time to time in full workday increments or in smaller increments depending on unused accrual and subject to approval by the employee’s immediate supervisor.
B. 
Eligibility.
All full-time employees earn personal leave. Part-time and temporary employees do not earn personal leave.
C. 
Personal leave request and approval.
All personal leave requests are subject to the approval of the department director, designated supervisor and/or town manager.
1. 
Employees must submit a leave request form (TOT 103) at least seven (7) days in advance, except in cases of emergency or unanticipated illness. Every effort will be made to accommodate the employee’s request, but final approval will depend upon the town’s needs being fully met. Leave requests not received and approved in advance of the leave being taken and which are not of an emergency nature may result in the employee being charged for the time as leave without pay.
2. 
In the event a recognized holiday occurs during an employee’s personal leave, the employee will be paid for the holiday and the time not charged to personal leave.
3. 
In case of an emergency or illness, notification must be made to the employee’s department director and/or immediate supervisor of the employee’s request to take personal leave within fifteen (15) minutes of scheduled time to work or as soon as reasonable. A doctor’s certificate attesting to an employee’s illness and ability to resume regular duty may be required by the employee’s department director/immediate supervisor.
D. 
Abuse of personal leave.
Pattern of absence which may impact town work load, performance and services provided, is defined as, but not limited to, when an employee’s attendance record shows a somewhat consistent sequence of absences, i.e., almost always Mondays, Fridays, Mondays and Fridays before and/or after holidays, times of overtimes, certain week(s) of the month, or paydays; abuse of personal leave may result in disciplinary action up to and including termination. Failure to submit a doctor’s certificate when requested will prohibit the employee from receiving sick leave within the pay period in dispute and may result in disciplinary action, up to and including termination.
E. 
Accrual of personal leave.
1. 
Classified employees.
Classified employees shall accumulate a total of twenty-two (22) days (176 hours) of personal leave per year up to and including five (5) years of service. After the completion of five (5) years of service, the employee shall accumulate up to twenty-seven (27) days (216 hours) of personal leave per year. Personal leave is accrued on a biweekly basis at a rate consistent with the aforementioned annual accrual.
2. 
Appointed directors and department directors.
Appointed directors and department directors shall accumulate twenty-two (22) days (176 hours) of personal leave per year up to and including two (2) years of service. After two (2) years of service, the employee shall accumulate up to twenty-seven (27) days (216 hours) of personal leave per year. Personal leave is accrued on a biweekly basis at a rate consistent with the aforementioned annual accrual.
F. 
Maximum accrual of personal leave.
No more than five hundred (500) hours of personal leave will be accrued for town employees. Personal leave will cap at five hundred (500) hours and no additional leave will accrue once an employee’s accrual reaches this cap.
G. 
Retirement or separation from employment.
At retirement or separation from employment, all unused, accrued personal leave shall be paid out in one lump sum with the employee’s final paycheck unless otherwise approved by the town manager.
H. 
Voluntary personal leave transfer.
There are times when employees may face conditions, which require an extended absence from duty and subsequently result in the exhaustion of their personal leave. In such cases, the town manager may permit a regular full-time employee to receive personal leave donations or accrued administrative leave from other qualifying employees under the following circumstances:
1. 
The employee has submitted a request for Family Medical Leave (FMLA), has provided all required documentation, and has been approved to be placed on FMLA by the HR director. The employee must abide by all personnel rules regarding FMLA in accordance to section 3.100.050 of this chapter.
2. 
The employee must submit a separate written request for the donation of supplemental personal and/or administrative leave to the HR director.
3. 
The HR director has verified the circumstances of the request and has recommended eligibility for supplemental personal and/or administrative leave (on a case-by-case basis) to the town manager.
4. 
The HR director has confirmed that the employee has depleted or will shortly deplete his or her accrued personal leave balance.
5. 
The HR director has confirmed that the employee has abided by all personnel rules regarding personal leave use, in accordance to this section.
6. 
The town manager, based on the recommendation of the HR director, shall determine the amount of donated personal and/or administrative leave transferred to the requesting employee, if any. The total amount of donated personal and/or administrative leave which an employee may receive under this section shall not exceed the equivalent of two (2) full pay periods for that employee.
7. 
If the employee exhausts his or her FMLA hours they are no longer eligible to receive the personal leave transfers.
Requests for donated personal and/or administrative leave shall be considered by the town in the order which they were received and shall be based on the availability of donated hours.
Such leave shall be donated in one-hour increments, with the minimum donation being eight (8) hours per donor.
If there are no donated hours available, the town manager may, in his or her sole discretion, and with the recommendation of the HR director, permit up to two (2) weeks of administratively granted personal and/or administrative leave.
Donations of personal and/or administrative leave shall only be considered from employees who have accrued a personal leave balance of at least one hundred sixty (160) hours. In no event may the employee request a transfer of an amount of personal leave that would result in his or her own personal leave going below one hundred sixty (160) hours.
Any amount of donated personal and/or administrative leave transferred by employees for use under this section which remains unused after satisfying the requests for which the leave is donated shall be banked for use in future or additional requests by other employees determined to be eligible under this subsection.
The voluntary personal leave transfer program is a completely voluntary and discretionary service coordinated by the town on behalf of the employees who have expressed a desire to transfer time to assist other fellow employees and in no way constitutes an entitlement or offering of a negotiable employee or union benefit, right, or privilege, nor legal obligation by the town. The voluntary personal leave transfer program is not offered or to be considered an automatic employee benefit under either the town personnel policy or the collective bargaining agreement.
(Ordinance 18-01 adopted 2018)
A. 
Leave with pay for which the employee is not charged personal leave due to the death of an immediate family member. An employee who wishes to take time off due to the death of an immediate family member should notify his or her department director or supervisor immediately. Employees may be required to provide documentation that provides proof of familial relationship. Failure to provide such proof shall result in the employee being charged with unauthorized leave without pay. An employee may, with his or her department director’s or supervisor’s approval, use available personal leave for additional time off as necessary. At the discretion of the town, up to a maximum of one hundred twenty (120) hours (15 days) of bereavement leave may be taken by an employee per calendar year.
Bereavement leave may be granted based on the following schedule:
1. 
Employees are allowed up to forty (40) hours of bereavement leave from regularly scheduled work duty with pay in the event of the death of the employee’s mother, father, stepmother, stepfather, sibling, spouse, children (adopted, biological, or stepchildren) or grandchildren and those like-relatives of employee’s spouse or domestic partner.
2. 
Employees are allowed up to eight (8) hours of bereavement leave in the event of the death of an employee’s grandparents or great-grandparents within the State of New Mexico. Employees are allowed up to sixteen (16) hours of bereavement leave in the event of the death of grandparents or great-grandparents outside of the State of New Mexico. The employee must provide proof of travel and a copy of the obituary.
(Ordinance 18-01 adopted 2018)
The town will comply with all applicable requirements of the Family and Medical Leave Act (FMLA). The FMLA provides eligible employees up to twelve (12) weeks of unpaid, job protected leave within a 12-month period for certain family and medical reasons. When an employee returns to work after FMLA leave, they will be in the same or equivalent position with equivalent pay, benefits and other employment terms and conditions. Employees are required to use any personal leave towards FMLA leave before unpaid leave is granted. Employees will be placed on FMLA leave when out on workers’ compensation or short-term disability.
A. 
Eligibility.
Employees who have worked for the town for at least twelve (12) months (which need not be consecutive) and have worked at least one thousand two hundred fifty (1,250) hours or more during the 12-month period immediately preceding the start of FMLA leave.
B. 
Reason for leave.
Eligible employees may receive FMLA leave for the birth and care of a newborn child, for the placement of a child with the employee for adoption or foster care, to care for an immediate family member (parent, spouse, or child) with a serious health condition, when an employee is unable to work because of a serious health condition, or when the employee’s own serious health condition makes them unable to perform an essential function of his or her job.
1. 
Covered service member.
An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered service member who is recovering from a serious illness or injury sustained in the line of duty on active duty is entitled to up to twenty-six (26) weeks of unpaid FMLA leave in a single 12-month period to care for the service member. This military caregiver leave is available during a single 12-month period during which an eligible employee is entitled to a combined total of twenty-six (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.
C. 
Serious health condition.
A serious health condition is an illness, injury, or physical/mental condition that involves:
1. 
Any period of incapacity or treatment that requires inpatient care in a hospital, hospice, or residential medical care facility; or
2. 
Any period of incapacity requiring continuing treatment by a healthcare provider. Continuing treatment by a healthcare provider is two (2) or more visits, or one visit that results in continuing treatment under the healthcare provider’s supervision; or
3. 
Pregnancy or pre-natal care, bonding; or
4. 
A permanent or long-term condition for which treatment may not be effective.
Serious health conditions do not include short-term conditions such as illnesses that last a few days or out-patient surgeries that typically require only a brief recovery period. Employees may use personal leave to cover time off for these conditions.
D. 
Notice and verification.
Employees who want to take FMLA leave ordinarily must provide the town with at least thirty (30) days’ notice of the need for leave, if the need for leave is foreseeable. If the need is not foreseeable, the employee should give as much notice as is practicable. Request for FMLA leave forms are available from the human resources department. Employees must submit a medical certification form with their request for FMLA leave for medical reasons. The medical certification for intermittent leave or leave on a reduced schedule for planned medical treatment must include the dates on which the treatment is expected and the duration of treatment.
E. 
Calculation of leave.
Eligible employees can use up to twelve (12) weeks of leave during any twelve (12) month period. The town will use a rolling 12-month period measured backward from the date an employee uses any FMLA leave. Each time an employee uses leave, the town computes the amount of leave the employee has taken under the FMLA, subtracts it from the twelve (12) weeks and the balance remaining is the amount the employee is entitled to take at that time.
F. 
Maintenance of benefits.
An employee shall be entitled to maintain all town insurance benefits for the employee on the same basis as if the employee had continued to work for the town. To maintain uninterrupted coverage for spouse, partners, and other dependents, the employee will have to continue to pay their share of the cost.
G. 
Temporary work assignments.
Where medical necessity dictates the need to use scheduled intermittent leave or a reduced work schedule, the town may require the employee to transfer temporarily to an alternative position that better accommodates recurring periods of leave than the employee’s regular position. In addition, the town may transfer an employee to a part-time job with the same hourly rate of pay and benefits as long as the employee is not required to take more leave than is medically necessary.
H. 
Return to work.
Employees returning to work from an FMLA leave due to their own serious medical condition must submit a doctor’s statement certifying that they can return to work and perform the essential functions of their job with or without a reasonable accommodation. If an employee does not return to work within three (3) days after approved FMLA leave has expired and has not contacted the human resources department to get an approved extension, they will be considered to have abandoned their job and will be separated from employment.
I. 
Holidays and personal leave.
Employees on FMLA leave without pay are not eligible for holiday pay and shall not accrue personal leave while on unpaid FMLA leave.
J. 
Confidentiality of medical records.
The human resources department will keep medical records and documents pertaining to an employee or an employee’s family separate from the employee’s personnel file and will treat them as confidential medical records. Department directors may be informed regarding necessary restrictions on work and accommodations.
(Ordinance 18-01 adopted 2018)
Administrative leave with pay may be authorized, subject to the approval of the town manager, when it is in the best interest of the town to do so, such as for an employee to attend training or official meetings as it pertains to the employee’s current or potential future work-related duties, to conduct town associated business at a location other than the employee’s normal work station, to compensate an employee for volunteering or performing additional duties or hours for which they would not otherwise be compensated, for safety or health reasons, or such other circumstances as the town manager sees fit for the mutual benefit of the town and employee.
Employees may be placed on administrative leave with pay should any action of the employee require investigation, or should it be determined by the town manager to be in the best interests of the town, employee or other employees while the investigation is conducted.
The town manager may authorize administrative leave with pay should the town close its offices and send employees home, whether due to inclement weather, a town sponsored holiday or employee event, safety considerations, in conjunction with community or town special events or other unusual circumstances.
Should town offices be closed for any reason and administrative leave be granted to town employees as a result, all public safety, public works, facilities, management and other essential personnel required to report to work regardless of the delay or closure as part of their essential duties (as may be designated by the town manager, department director or outline in their job description) will be compensated for their actual time worked, any overtime or holiday pay that may apply, as prescribed by the personnel policy or CBA, and will additionally be credited with the full amount of approved administrative leave granted to all other employees.
Employees that cannot make it to work due to inclement weather will be credited with the administrative leave authorized for any delayed opening or early closing and shall be charged with personal leave or, if no such leave has been accrued, leave without pay for all other normal work hours missed on that work day.
The town manager may in their discretion grant up to two (2) weeks paid administrative leave in lieu of required notice by the employee upon separation. The town manager may also, at his or her discretion, additionally authorize up to an additional two (2) weeks for service credit at separation from town employment for full-time employees not on probation, if deemed to be in the best interest of the town.
Administrative leave accrued by an employee may be contributed to another employee in accordance to subsection 3.100.030.H, “Voluntary personal leave transfer”, of this chapter.
(Ordinance 18-01 adopted 2018)
Employees will be granted leave with pay when subpoenaed to appear in a court of competent jurisdiction as a witness on behalf of the town or called to serve as a juror by a court of competent jurisdiction. Fees received by an employee for compensation as a witness or as a juror, excluding reimbursement for mileage, shall be paid over to the town finance department. Upon being subpoenaed or called for jury duty, an employee shall immediately notify his/her department director and/or supervisor. The employee must also provide a copy of the jury summons, which will be forwarded to the human resources department. If possible, the employee shall state the estimated time he/she will be absent from work in order that necessary staffing adjustments can be made. In addition, if the employee serves on a jury or appears in court, they will need to obtain written documentation from the courts about the actual time/days spent in court proceedings to submit with their payroll records to the finance department/payroll administrator.
(Ordinance 18-01 adopted 2018)
Employees are allowed up to two (2) hours with pay to vote on Election Day. Time taken off for voting shall not be used for any other purpose. Voting time off, with pay of up to two (2) hours, will not be granted to any employee whose normal work days begin more than two (2) hours after the opening of the polls or end more than two (2) hours prior to the closing of the polls. Employees may be required to show they are registered eligible voters to qualify for voting leave.
(Ordinance 18-01 adopted 2018)
A. 
Military leave with pay.
All employees of the town who are members of the armed forces of the United States or members of organized reserve units or the National Guard shall be entitled to a maximum of fifteen (15) calendar days of military leave with pay per federal fiscal year (the federal fiscal year is the accounting period for the federal government which begins on October 1 and ends on September 30) when called or placed on active duty or required to attend organized courses of instruction or training periods thereof. A copy of the employee’s official military orders is required to be provided to the human resources department prior to the commencement of such leave; leave [sic] to be kept in the respective employee’s personnel file. In the event an employee is called to military duty for a period beyond the fifteen (15) days allowed for military leave, the period in excess of fifteen (15) days may be charged to an employee’s personal leave or leave without pay, at the employee’s discretion. Employees on military leave with pay shall accrue personal leave.
B. 
The Uniformed Services Employment and Reemployment Rights Act (USERRA).
1. 
USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service. USERRA prohibits employers from discriminating against past and present members of the uniformed services, and applicants to the uniformed services, with regard to initial employment, reemployment, retention in employment, promotion, or any benefit of employment.
2. 
Employees who leave town service to undertake military service and who meet the reemployment eligibility rights under USERRA, will be restored to the job and benefits they would have attained if they had not been absent due to military service or, in some cases, a comparable job. Employees must:
a. 
Ensure that the town is given advance written or verbal notice of your service;
b. 
Have five (5) years or less of cumulative service in the uniformed services while working with the town;
c. 
Return to work or apply for reemployment in a timely manner after conclusion of military service; and
d. 
Have not been separated from service with a disqualifying discharge or under other than honorable conditions.
3. 
Employees who leave their job to perform military service have the right to elect to continue their existing employer-based health plan coverage (personal and dependent coverage) for up to twenty-four (24) months while in the military. If an employee does not elect to continue coverage during their military service, they have the right to be reinstated in the town’s health plan when reemployed, generally without any waiting periods or exclusions except for service connected illnesses or injuries.
(Ordinance 18-01 adopted 2018)
Educational leave is subject to recommendation of the department director and the approval of the town manager and must be related to employee career advancement related to present or future job skills that may benefit both the employee and the town. Employees may be granted leave without pay or a flexible schedule to attend courses at a high school, vocational school, college or other educational institution of higher learning, or other specialized training. Full-time or part-time employees required or recommended by the town to attend classes will be paid their normal wages for all hours in attendance. Any employee attending any courses or classes as a requirement of maintaining a professional license or certificate or other specialized training required by the town will receive regular pay if approved by the town manager.
(Ordinance 18-01 adopted 2018)
A department director, upon recommendation and with the approval of the town manager, or the town manager, may grant classified employees leave without pay for a period not to exceed six (6) months, when the department director or town manager deems that such leave without pay is in the best interest of the town.
A. 
Re-employment upon return.
If an employee returns to work within six (6) months, the employee will be returned to the same position, if possible, or a position of like classification and pay.
B. 
Vacancies may be filled by temporary employees.
Temporary employees may be hired to fill vacancies created by an employee who is on leave without pay.
C. 
Benefits at employee’s expense.
An employee on leave without pay does not accrue leave, nor does the employee receive town benefits. An employee wishing to continue receiving insurance benefits may do so at the employee’s expense by submitting the employee’s and the town’s share of the premium to the finance department on the regular payday.
D. 
Failure to report to work.
Employees who fail to report to work upon expiration of approved leave without pay shall be considered to have voluntarily resigned from their job.
(Ordinance 18-01 adopted 2018)
Any employee who suffers an on-the-job injury or illness is required, unless incapacitated, to immediately prepare and submit a notice of accident form to their supervisor/department director. If the employee is unable to do so, the supervisor or department director will fill out the notice of accident. An employee who suffers an on the job injury or illness that requires immediate emergency treatment and returns to work on the same workday will not be charged personal leave. The supervisor/department director shall submit the notice of accident form and the required supervisor’s investigation report form to the human resources department within seventy-two (72) hours. The injured or ill employee must sign a worker’s authorization for disclosure of protected health information for workers’ compensation purposes form, doctor selection notice and submit to the human resources department. The human resources department will send the forms, the notice of accident, and a New Mexico Workers’ Compensation Administration - Employer’s First Report of Injury or Illness to the New Mexico self-insurers’ fund for evaluation. Workers’ compensation benefits will be awarded as provided by law. Post-accident drug testing may be required as defined in the town personnel policy.
A. 
Workers’ compensation process.
1. 
Employees injured on the job may choose any physician for their initial evaluation and treatment.
2. 
Employee and supervisor must complete all necessary forms and submit to the human resources department as soon as possible.
3. 
If the employee is not able to work, the first seven (7) days after filing a workers’ compensation claim are considered a waiting period during which no workers’ compensation benefits are paid. The injured or ill employee will have to use personal leave or leave without pay, if necessary, during this period. After seven (7) days out of work, an injured or ill employee that has been approved for workers’ compensation benefits may elect to be paid sixty-six and two-thirds percent (66-2/3%) of their average gross pay for the preceding twenty-six (26) weeks (pursuant to subsection 3.100.110.C, “Benefits at employee’s expense”, of this chapter) or continue using personal leave. The employee’s decision to receive workers’ compensation benefits or to use personal leave while out of work must be designated on an election of benefits form forwarded to the human resources department.
4. 
Employees out on workers’ compensation will also be placed on family and medical leave which will run concurrently with their workers’ compensation absence.
5. 
After sixty (60) days, the NM self-insurers’ fund can require an injured employee to be seen by another designated physician for reevaluation and treatment.
(Ordinance 18-01 adopted 2018)