N.M. Admin. Code § 9.4.5.27

Current through Register Vol. 35, No. 23, December 10, 2024

Section 9.4.5.27 - LICENSED MANAGER BENEFITS

A.Purpose:Describe benefits available to qualified licensed managers in the state's business enterprise program. Rates for benefits described below are contained in Appendix R.

B.Health insurance:The SLA, in consultation with the committee of licensed managers, makes available to each manager and at the manager's option, his or her immediate family, a health insurance plan.

(1) A displaced manager remains eligible for the health insurance plan for 12 months, beginning with the month following displacement.

(2) Upon termination of a manager's agreement or a licensed manager's license, health insurance benefits will cease 30 days after the date of the termination.

Note: The COBRA plan may be available.

C.Sick leave: Managers with agreements effective on or before the beginning of each state fiscal year (July 1) shall accrue up to 80 hours of sick leave during that state fiscal year, at the rate of 6.666 hours per month. Sick leave balances can be carried forward to a maximum of 240 hours. Payment for sick leave will be made at a rate determined annually by joint decision of the SLA and the committee of licensed managers.

(1) Sick leave payment will be made upon receipt of a sick leave form along with proper doctor's release to return to work. Refer to procedures manual for form to be used.

(2) Sick leave balances are reduced to zero hours when the licensed manager leaves the program.

(3) A displaced licensed manager is not eligible for the sick leave benefit during the period of displacement. Sick leave balances of displaced managers are reinstated if the displaced manager enters into a new manager's agreement before the end of the displaced manager maximum period. If the displaced manager leaves the program at the end of the displacement period, the sick leave balance is reduced to zero.

(4) Sick leave may only be used due to manager illness or incapacity of the manager to operate the facility.

D.Vacation pay: Managers with agreements effective on or before the beginning of each state fiscal year (July 1) shall accrue up to 80 hours of vacation time during that state fiscal year, at the rate of 6.666 hours per month. Vacation disbursements will be made at the end of each state fiscal year. A displaced manager is not eligible for the vacation benefit during the period of displacement. Vacation leave balances of displaced managers are reinstated if the displaced manager begins a new operating agreement both before the end of the state fiscal year and before the end of the displacement period.

E.Leaves of absence: A manager may request, in writing, a leave of absence for a period not to exceed six months. A leave of absence may be taken only for the purposes of (1) training or (2) extended illness. During a leave of absence, the manager does not accrue additional seniority, however, he or she does not lose seniority acquired prior to the leave. The manager must notify the SLA 30 days in advance of returning to the program. At this time the SLA will reinstate the manager in his or her previous facility or a comparable facility. If the SLA is unable to place the manager in his or her previous facility or a comparable facility, then the manager will become a displaced manager. If the manager is offered his or her previous facility or a comparable facility and refuses it, the refusal will be considered as a resignation from the BEP.

F.Death benefit: In the event of the death of a manager, his/her family shall be permitted to operate the facility under the existing agreement until a licensed manager is appointed to the facility, provided that the family's operation of the facility is satisfactory as determined by the SLA.

G.Displaced manager benefit: A displaced manager is eligible for the displaced manager monthly benefit for 12 consecutive months beginning with the first full month that the manager is displaced. The displaced manager benefit amount is determined jointly by the SLA and the committee of licensed managers.

H.Liability insurance benefit: The SLA, in consultation with the committee of licensed managers requires each manager to maintain general liability insurance. The SLA purchases general liability insurance for each vending facility and bills each manager for the cost of insuring his/her facility. Funds permitting, premium costs for liability insurance are provided by income from vending machines on nonfederal property retained by the SLA and temporary operation of nonfederal vending facilities by the SLA.

(1) At the end of each state fiscal year, managers are notified as to whether the SLA has sufficient funds to provide general liability insurance for the next year or whether managers will be responsible for all or part of the premium costs of liability insurance.

(2) Failure of a manager to pay his or her portion of general liability insurance may result in suspension or revocation of the manager's license.

I.Fair minimum return benefit: Each manager whose monthly net proceeds are less than the fair minimum return amount determined by the SLA in consultation with the committee of licensed managers is entitled to a minimum fair return from the set-aside fund provided the manager has operated the facility with good business judgement, including controlling costs consistent with the costs of other similar facilities. The fair minimum return benefit is calculated as follows:

(1) Fair minimum return maximum benefit - Net proceeds (not less than $0.00) = fair minimum return amount.

(2) No minimum return amount shall be disbursed until approval by the business enterprise program manager that the costs are reasonable and that the manager has conducted the operations of the facility in a business like manner.

J.Workers' compensation benefits: For licensed managers who have at least one employee, the SLA will pay workers' compensation insurance for the first year that manager is in operation. At the end of that period, it is the responsibility of the licensed manager to pay workers' compensation for the employee(s). Failure to maintain workers' compensation insurance coverage for employee(s) will be grounds for disciplinary probation or termination.

K.Funding of benefits: Funds supporting all benefits will be paid by the set-aside fund, given adequate resources in the set-aside fund.

N.M. Admin. Code § 9.4.5.27

4/15/97; Recompiled 10/01/01