New Mexico Administrative Code
Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT
Chapter 4 - DISTRICT ATTORNEYS
Part 7 - ATTENDANCE AND LEAVE
Section 10.4.7.12 - SICK LEAVE

A. Sick leave shall be accrued by all eligible employees from the first day of employment. Eligible employees include all employees, except those in temporary positions. In the case of part-time employees, leave shall be accrued in proration to hours worked. For any service less than one month, sick leave will be prorated.

B. All full-time employees who are eligible shall accrue eight (8) hours of sick leave per month as follows:

C. Sick leave shall be accrued at the end of each pay period or on the last working day of the month depending on which alternative the district attorney chooses. In the case of separation, sick leave shall be accrued on the last day the employee is on the payroll.

D. Sick leave shall be used only for an illness, injury or medical treatment of an employee or bereavement for or medical care of a relation by blood or marriage within the third degree or person residing within the employee's household. Abuse of sick leave shall be grounds for dismissal.

E. It is the responsibility of an employee to notify their supervisor within the first (1st) hour of their scheduled workday of an absence from work necessitating sick leave.

F. If the employee has hours available in annual leave or compensatory time, then these hours may be used in lieu of sick leave. When all types of leave are exhausted, the employee may be placed on leave without pay.

G. During leaves of absence with pay, an employee shall accrue sick leave.

H. During leaves of absence without pay or leave without pay, an employee shall not accrue sick leave.

I. Sick leave shall not be authorized prior to the time it is earned.

J. There shall be no limit on the number of sick leave hours an employee may accrue.

K. An employee transferring into a district attorney's office from either the executive, judicial or legislative branches of New Mexico state government or from another New Mexico district attorney's office shall be credited with the employee's unused sick leave.

L. An employee who makes a false claim or who fails to cooperate in an investigation regarding their claim for sick leave shall not be paid for sick leave and shall be subject to disciplinary action including dismissal.

M. Forfeiture of accrued sick leave as a disciplinary action shall not be authorized. No employee shall lose accrued sick leave because of promotion, demotion or transfer within a district attorney's office, including a change of classification.

N. A certificate from a physician verifying the continued or recurring illness, injury or medical treatment may be required by the district attorney. If the requested certificate is not provided, sick leave may be terminated and the employee ordered to return to work by a specific date or be subject to dismissal.

O. Employees affected by pregnancy, childbirth or related medical conditions must be treated the same as persons affected by other medical conditions.

P. In accordance with Section 10-7-10, NMSA 1978, employees who have accumulated six hundred (600) hours of unused sick leave are entitled to be paid for additional unused sick leave at a rate equal to fifty percent (50%) of their hourly rate of pay for up to one hundred twenty (120) hours of sick leave. Payment for unused sick leave may be made only once per fiscal year on either the payday immediately following the first full pay period in January or the first full pay period in July.

Q. In accordance with Section 10-7-11, NMSA 1978, immediately prior to retirement from the service, employees who have accumulated more than six hundred (600) hours of unused sick leave are entitled to be paid up to four hundred (400) hours of unused sick leave over and above the accumulated six hundred (600) hours of unused sick leave, at a rate equal to fifty percent (50%) of their hourly rate.

R. Upon separation of employment, accrued sick leave shall be forfeited except as provided in Subsection Q.