N.M. Admin. Code § 1.7.7.8
Current through Register Vol. 35, No. 21, November 5, 2024
Section 1.7.7.8 - ANNUAL LEAVEA. Employees, except those on full-time educational leave with pay, absence without leave, leave without pay, unpaid FMLA leave, or suspension without pay shall accrue annual leave at the rate of: (1) 3.08 hours per pay period if less than three years of cumulative employment,(2) 3.69 hours per pay period if three years or more but less than seven years of cumulative employment,(3) 4.61 hours per pay period if seven years or more but less than eleven years of cumulative employment,(4) 5.54 hours per pay period if eleven years or more but less than fifteen years of cumulative employment; or(5) 6.15 hours per pay period if fifteen years or more of cumulative employment.B. For purposes of Subsection A of 1.7.7.8. NMAC, any employment in the classified or exempt service and judicial or legislative branches of New Mexico state government shall be counted in determining years of cumulative employment in the classified service.C. For purposes of Subsection A of 1.7.7.8. NMAC, employment in programs transferred into the classified service by legislation or executive order shall count as cumulative employment.D. Employees employed on a part-time basis and employees on furlough who work at least eight hours in a pay period shall accrue annual leave on a prorated basis.E. A maximum of 240 hours of annual leave shall be carried forward after the last pay period beginning in December. However, there shall be no limit to the number of annual leave hours that shall be carried forward after the last pay period of December 2020. Any annual leave hours above 240 that are carried forward past December 2020 and are not used prior to the pay period ending July 9, 2021, shall not be carried forward beyond that pay period.F. Annual leave shall not be used before it is accrued and must be authorized before it is taken in accordance with agency policy.G. Employees separating from the classified service, except by a reduction in force, shall be paid for accrued annual leave, as of the date of separation, up to a maximum of 240 hours at the current hourly rate of their base salary. This payout shall not exceed 240 hours, notwithstanding any annual leave accrual beyond 240 hours that may occur pursuant to Subsection E of 1.7.7.8 NMAC.H. Employees separating from the classified service as the result of a reduction in force shall be paid for all accrued annual leave, as of the date of separation, at their current hourly rate, excluding any annual leave accrual beyond 240 hours that may occur pursuant to Subsection E of 1.7.7.8 NMAC.I. The estate of an employee who dies while in the classified service shall be paid for the employee's total accrued annual leave, excluding any annual leave accrual beyond 240 hours that may occur pursuant to Subsection E of 1.7.7.8 NMAC.N.M. Admin. Code § 1.7.7.8
1.7.7.8 NMAC - Rp, 1 NMAC 7.7.8, 07/07/01; A, 11/14/02, Amended by New Mexico Register, Volume XXXI, Issue 21, November 10, 2020, eff. 1/1/2021, Amended by New Mexico Register, Volume XXXII, Issue 13, July 7, 2021, eff. 8/1/2021