2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 7 - Civil Air Patrol › Section 20-7-5 - Military leave.

Members of the civil air patrol shall be permitted military leave pursuant to Section 20-4-7 NMSA 1978 not to exceed fifteen working days per year for official duties as assigned by the director of the civil air patrol division of the department of military affairs or an incident commander of an active mission.
History:
1978 Comp., § 20-7-5, enacted by Laws 1987, ch. 318, § 51; 2020, ch. 56 § 1.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-7-5 NMSA 1978, as amended by Laws 1953, ch. 86, § 5, relating to local armory boards, and enacted a new section, effective April 10, 1987.
The 2020 amendment,
effective July 1, 2020, authorized members of the Civil Air Patrol to use military leave for official duties as assigned by the director of the civil air patrol or an incident commander of an active mission, instead of strictly for search and rescue missions; and after "fifteen working days per year for", deleted "search and rescue missions" and added "official duties as assigned by the director of the civil air patrol division of the department of military affairs or an incident commander of an active mission".
Legislative objective.
— The legislative objective in enacting this section was to insure that public employees who were members of organized military reserve units should not be deprived of the annual leave to which they were otherwise entitled, by reason of their absence under orders on military training. 1958 Op. Att'y Gen. No. 58-173.
Employee members of organized units eligible.
— All state, county and municipal employees who are members of organized units are eligible for the additional military leave provided in this section. 1953 Op. Att'y Gen. No. 53-5762.
Effect on employees of conservancy district.
— Employees of a conservancy district are entitled to up to 15 days military leave and pay each year. 1959 Op. Att'y Gen. No. 59-54.
On permanent employees.
— Regardless of the duration of employment, permanent employees are entitled to such military leave with pay. 1960 Op. Att'y Gen. No. 60-196.
No restriction is placed upon the time of service
rendered by permanent employees before this leave accrues. 1960 Op. Att'y Gen. No. 60-196.
Temporary employees not eligible.
— A temporary employee of the state is not entitled to military training leave provided by statute. 1958 Op. Att'y Gen. No. 58-173.
Pay entitled to.
— A permanent employee is entitled to pay for his active military duty in addition to that for his vacation. 1960 Op. Att'y Gen. No. 60-196.
Full salary required.
— This section requires that the governmental unit pay the full salary to the employee regardless of the amount of money drawn by him while on active military duty. Thus, it would be illegal for a governmental unit to pay an employee only the difference between his military pay and the top limits of pay which he regularly draws from the military unit. 1953 Op. Att'y Gen. No. 53-5762.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Validity and construction of state statutes requiring employers to compensate employees for absences occasioned by military service, 8 A.L.R.4th 704.