N.M. Admin. Code § 10.4.7.13

Current through Register Vol. 35, No. 21, November 5, 2024

Section 10.4.7.13 - WORKERS' COMPENSATION LEAVE

A. An employee who is entitled to workers' compensation shall be compensated and treated in accordance with the Workers' Compensation Act, Chapter 52, Article 1, NMSA 1978, as amended.

B. An employee who sustains a job-related disability and is temporarily unable to perform his/her regular duties shall, after the first seven days of disability, be eligible to receive workers' compensation benefits as provided by New Mexico law.

C. In order to preclude loss of pay during the first seven days, the employee may use sick leave, annual leave, compensatory time or any combination thereof. If there are no paid leave accruals, the employee shall be placed on leave without pay for the initial seven-day period plus the subsequent duration of disability.

D. The employee may elect to use accrued sick, compensatory or annual leave in an amount necessary to receive salary payment that will increase the workers' compensation payments to the total salary being received prior to the occurrence of the disability. In no case shall the employee's salary and workers' compensation benefits exceed the amount of the employee's regular salary payments.

N.M. Admin. Code § 10.4.7.13

10.4.7.13 NMAC - Rp, NMDAA 91-1.6.08, 6/30/2010