New Mexico Administrative Code
Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT
Chapter 4 - DISTRICT ATTORNEYS
Part 7 - ATTENDANCE AND LEAVE
Section 10.4.7.10 - OVERTIME

A. Overtime is calculated in terms of a work week beginning on Saturday and ending on Friday which is a fixed and regularly recurring period of one hundred sixty-eight (168) hours of seven (7) consecutive twenty-four (24) hour periods. If an employee is required to work beyond forty (40) hours in a work week, overtime shall be compensated at time and a half. All overtime work must be authorized in advance by the district attorneys or their designees.

B. Failure of an employee to work scheduled overtime may result in disciplinary action against that employee.

C. Law enforcement personnel are subject to overtime after more than eighty-six (86) hours per pay period or fourteen consecutive days. However, public safety employees who work for public agencies with fewer than five (5) public safety employees engaged in law enforcement are totally exempt from overtime compensation. Therefore, law enforcement personnel in district attorneys' offices where this provision applies will not be paid overtime.

D. For purposes of overtime compensation, all leave, with the exception of state designated holidays, will not count as time worked.

E. Supervisors, subject to the approval of the district attorney, may grant employees compensatory time in lieu of overtime pay at the rate of one and one-half (1-1/2) hours off for every one (1) hour of overtime worked. This arrangement must be agreed upon by all parties before the overtime work is performed.

F. The employee must use any accumulated compensatory time within ninety (90) days after its accrual unless otherwise authorized by the district attorneys or their designees and agreed upon by all parties. Accrued compensatory leave time shall be taken at a mutually agreeable time.

G. Upon separation of employment, unused compensatory time shall be paid at the employee's average rate per hour over the last three (3) years of employment or their present salary, whichever is greater.

H. If an employee accrues more than two hundred forty (240) hours of compensatory time, they may receive cash compensation at the rate of time and one-half for any additional overtime worked.

I. Some positions, as determined by the personnel review board, may not be eligible for overtime compensation.