New Mexico Administrative Code
Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT
Chapter 4 - DISTRICT ATTORNEYS
Part 7 - ATTENDANCE AND LEAVE
Section 10.4.7.14 - FAMILY MEDICAL LEAVE

A. Eligible employees are entitled to leave in accordance with the Family and Medical Leave Act (FMLA) of 1993 ( 29 U.S.C. 2601 et seq.). Eligible employees are those who have been employed in either the executive, judicial, or legislative branches of New Mexico state government or any local public body within New Mexico for at least one thousand two hundred fifty (1,250) hours during the consecutive twelve (12) month period immediately preceding the start of FMLA leave.

B. Eligible employees are entitled to a total of twelve (12) weeks of FMLA leave in a twelve (12) month period for the following reasons: birth of a child, placement of an adopted child, an employee's serious health condition or the serious health condition of a family member, as defined in the FMLA. The twelve (12) week period shall be calculated forward from the date an employee's first FMLA leave begins.

C. FMLA leave may be comprised of any combination of sick leave, annual leave, or leave without pay and must be requested and pre-approved at least thirty (30) days in advance, except in the case of emergencies.

D. No part of FMLA leave shall be considered a break in employment and shall not change an employee's anniversary date.

E. Employees shall not accrue sick or annual leave nor be paid for "observed" holidays while on unpaid FMLA leave. Employees may be paid for "observed" holidays and accrued annual and sick leave on a prorated basis based on whether FMLA leave is paid or unpaid.

F. The required FMLA notices shall be posted in all district attorneys' offices, and all offices are required to maintain employee FMLA leave records. All medical records and correspondence relating to employees or their families shall be considered confidential.