New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 7 - ATTENDANCE AND LEAVE › Section 10.12.7.12 - FAMILY AND MEDICAL LEAVE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				In addition to other leave provided for in 10.12.7 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.). Employees who have been
				employed by the department 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, and classified service shall count as
				department employment for purposes of this rule.
B. Eligible employees are entitled to a total
				of 12 weeks of unpaid FMLA leave in a 12-month period, at the time of a birth
				or placement of a child or at the time of a serious health condition for the
				employee, or family members, or any qualifying exigency arising out of the fact
				that the spouse, son, daughter or parent of the employee is on active duty, or
				has been notified of an impending call to active duty status, in support of a
				contingency operation as defined in the FMLA. 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,
				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 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 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.
D. The department requires
				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
				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. The department 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 confdential in
				accordance with Subsection C of 10.12.1.12 NMAC.
H.Disputes over the administration of this
				rule shall be forwarded to the human resource director for
				resolution.