New Mexico Administrative Code
Title 1 - GENERAL GOVERNMENT ADMINISTRATION
Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES
Part 10 - FURLOUGH, REDUCTION IN FORCE, REEMPLOYMENT, SEPARATION WITHOUT PREJUDICE
Section 1.7.10.14 - REEMPLOYMENT OF JOB-RELATED INJURED OR ILL FORMER EMPLOYEES
Universal Citation: 1 NM Admin Code 1.7.10.14
Current through Register Vol. 35, No. 6, March 26, 2024
A. A former employee who has separated from the service due to job-related injury or illness and who has received or is due to receive benefits under the Workers' Compensation Act shall have reemployment rights in accordance with the provisions of NMSA 1978, Section 52-1-50.1 and NMSA 1978 Section 52-3-49, under the following provisions:
(1)
Reemployment rights under 1.7.10.14
NMAC are extended only by the agency employing the
former employee at the time of the job related injury or illness and are
provided only for positions which contain the same or lower midpoint as that
held at the time of separation.
(2)
To initiate reemployment rights under this rule, the former employee must
notify the agency in writing, with a copy to the office, of their desire to be
reemployed. The notification shall include the positions and locations, which
the former employee is willing to accept, and an appropriate application for
employment.
(3) The agency must
receive certification in writing from the treating health care provider that
the former employee is fit to carry out the essential functions of the position
with or without reasonable accommodation without significant risk of re-injury
or relapse to illness.
(4) When the
agency is to fill a vacant position which is a position and location indicated
by the former employee, the agency shall offer the job to the former employee
provided:
(a) the employee meets the
established requirements and can perform the essential functions of the job,
either with or without reasonable accommodation, or
(b) the agency certifies that the employee
holds qualifications and abilities necessary for successful job performance and
can perform the essential functions of the job, either with or without
reasonable accommodation.
(5) Former employees reemployed in accordance
with the provisions of Subsection A of
1.7.10.14
NMAC will hold the status of the position in accordance with
1.7.2.9 NMAC, 1.7.2.10 NMAC or 1.7.2.11 NMAC and
do not have to serve a probationary period if they were in career status at the
time of separation.
B. The risk management division of the general services department and the office shall be notified immediately of any injured or ill former employee who applies for a position and subsequently declines a job offer.
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