N.M. Admin. Code § 10.12.4.12

Current through Register Vol. 35, No. 17, September 10, 2024

Section 10.12.4.12 - ADMINISTRATION OF THE SALARY SCHEDULES

A. Entrance salary: Upon entrance to a department position, a newly-appointed employee's salary, subject to budget availability, should refect appropriate placement within the pay range. Any entrance salary in the principal contributor zone must receive approval from the human resource director prior to appointment.

B. Legislative authorized salary increase:

(1)Subject to specifc statutory authorization for each state fiscal year, employees may be eligible for a salary increase within their assigned pay range.

(2)Employees with a salary at or above the maximum of the position's pay range shall not be eligible for an increase unless authorized by statute.

C. Salary upon in pay range adjustment: Upon in pay range adjustment, subject to chief approval, budget availability and reflective of appropriate placement, the department may increase an employee's salary up to 10% during a fiscal year An employee may receive more than one adjustment within a fiscal year provided the salary increases do not exceed more than 10% and the employee's base salary does not exceed the maximum of the assigned pay range. When reviewing requests for in pay range adjustments the chief will take into consideration those instances where the requesting manager has employees with a current rate of pay that falls below the minimum of their pay range.

D. Salary upon promotion: Upon promotion, an employee's salary, subject to budget availability, should reflect appropriate placement within the pay range. A salary increase of less than 5% or greater than 15% shall require approval of the chief. A salary increase greater than 15% to bring an employee's salary to the minimum of the pay range or less than 5% to prevent an employee's salary from exceeding the maximum of the pay range does not require the approval of the chief. The salary of a promoted employee shall be in accordance with Subsection B. of 1.12.4.11 NMAC.

E. Salary upon demotion: Upon demotion, an employee's salary shall be decreased to an hourly rate of pay which does not result in more than a 15% decrease from the previous salary unless a greater decrease is required to bring the salary to the maximum of the new pay range or the decrease is being made in accordance with Paragraph (2) of Subsection F of 10.12.4.12 NMAC.

F. Pay allowance for performing first line supervisor duties:

(1)The department may grant a pay allowance to an employee in a non-manager classification who accepts and consistently performs additional duties which are characteristic of a first line supervisor The amount of the pay allowance shall refect the supervisory responsibilities which transcend the technical responsibilities inherent in the technical occupation group and may be between 0% and 20% above the employee's base pay rate.

(2) When the supervisor duties are no longer being performed, the department shall revert the employee to the hourly rate of pay held prior to granting the pay allowance, plus any authorized pay increases.

(3) The department shall require that a form, established by the human resource director, be signed by all employees at the time of acceptance of a pay allowance evidencing their agreement to the terms and conditions of the pay allowance.

G.Salary upon intra-agency transfer:

(1) Upon intra-agency transfer an employee's salary, subject to budget availability and refective of appropriate placement, may be increased up to 10%. The chief may approve a salary increase greater than 10% due to special circumstances that are justifed in writing.

(2) Employees shall be compensated, for compensatory time accumulated in accordance with the overtime provisions of the Fair Labor Standards Act (FLSA) prior to intra-agency transfer.

(3) Employees shall not be compensated, for compensatory time accumulated while exempt from the overtime provisions of the FLSA, prior to intra-agency transfer.

H.Salary upon payrange change: When a change of pay range is authorized in accordance with the provisions of 10.12.4.9 NMAC, 10.12.4.10 NMAC or 10.12.4.11 NMAC the salaries of affected employees shall be determined in accordance with Subsection C. of 10.12.4.11 NMAC. Employees whose pay range is adjusted upward or downward shall retain their current salary in the new pay range. Employees' salaries may be addressed through in pay range adjustment unless otherwise allowed by statute.

I.Salary uponreduction: The salary of employees who take a reduction may be reduced by up to 15% unless the reduction is made in accordance with Paragraph (2) of Subsection F of 10.12.4.12 NMAC. An employee's salary should refect appropriate placement within the pay range. The chief may approve a salary reduction greater than 15% due to special circumstances that are justifed in writing.

J.Salary uponreturnto work or reemployment: The salary of former employees who are returned to work or re-employed in accordance with the provisions of 10.12.10 NMAC, 10.12.11 NMAC, 10.12.12 NMAC or 10.12.14 NMAC shall not exceed the hourly pay rate held at the time of separation unless a higher salary is necessary to bring the employee to the minimum of the pay range.

K.Salary upontemporary promotion: Pay for a temporary promotion shall be treated the same as a regular promotion. The department shall discontinue the temporary promotion increase when the temporary conditions cease to exist or at the end of the 12 month period, whichever occurs first.

L.Temporary salary increase: The chief may grant a temporary salary increase of up to 15%, for a period not to exceed one year, from the effective date of the salary increase, for temporarily accepting and consistently performing additional duties which are characteristic of a job requiring greater responsibility/accountability and/or a higher valued job. The chief may approve temporary salary increases above the maximum of the employee's current pay range. The department shall discontinue the temporary salary increase when the temporary conditions cease to exist or at the end of the 12 month period, whichever occurs first.

M.Salary adjustment to minimum: An employee whose salary falls below the minimum of the pay range will be adjusted in accordance with Paragraph (2) of Subsection C of 10.12.4.11 NMAC.

N.M. Admin. Code § 10.12.4.12

Adopted by New Mexico Register, Volume XXVI, Issue 13, July 15, 2015, eff. 7/1/2015