Section VIII: Leave Policies

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Table of Contents

8.01 Definitions

  1. Immediate Family: The immediate family of an employee is the spouse or domestic partner, child or stepchild, grandchild, parent or stepparent, sister or stepsister, brother or stepbrother, grandparent, son-in-law or daughter-in-law, sister-in-law or brother-in-law, mother-in-law or father-in-law or others who reside in the same household with the employee, or a person in loco parentis (a person who is acting in place of a parent or who is in the care of a person acting in place of a parent).
  2. Chargeable Leave: sick leave, personal leave, and annual leave.
    1. Chargeable leave will be in one-half-hour increments.
    2. Chargeable leave will not be charged for time involved in closings or abbreviated schedules except when the leave has been approved or when designated essential personnel fail to report to work.
    3. Once an employee is on approved leave, the leave may not be converted to any other type of leave without the written approval of a vice president and/or president.

8.02 Bereavement Leave

Three days of leave with pay (calculated at eight (8) hours per day for full-time staff, six (6) hours per day for full-time faculty, and four (4) hours per day for part-time staff) will be granted to full-time employees and regular non-represented part-time employees for each death in the immediate family of the employee. If additional leave is required, the employee may take annual or personal leave or leave without pay.

8.03 Illness In Immediate Family

Up to three days of sick leave in succession may be used by a full-time employee for illness of a member of the immediate family. A supervisor may request documentation by the attending physician. For leave extending beyond three days in succession, see Section 8.07.

8.04 Sick Leave

Revised 04/13/2021

  1. Sick leave is an employee benefit for regular full and part-time, non-faculty employees and is intended to be used for relief in cases of personal illness, injury or quarantines.
  2. Regular full-time and regular part-time employees accrue sick leave as follows:
    1. Full-time instructors accrue three hours per pay period worked up to a maximum of 1362 hours (227 days).
    2. Other full-time employees on an eight-hour-per-day work schedule accrue four hours per pay period up to a maximum of 2080 hours (260 days).
    3. No sick leave is accrued while an employee is on leave without pay.
    4. Regular non-instructional, non-represented part-time employees accrue sick leave on a pro rata basis according to the calculation in number 2 above. Part-time employees who are also employed at the College in a full-time capacity, shall not earn sick leave as a part-time employee.
  3. If an absence is due to a work-related injury or illness, the president may permit advance of additional paid sick leave to the employee equal to sick leave the employee would have accrued during the balance of the fiscal year. Requests shall be made in writing to the president.
  4. An employee who is unable to perform duties because of personal illness or disability must notify the employee’s supervisor according to the procedures established in the employee’s division.
  5. An employee who is absent because of illness may be requested by his or her supervisor to submit a physician’s certificate attesting to the employee’s illness.
  6. Appointments with a healthcare provider for self and members of immediate family are legitimate reasons for sick leave absence. Prior arrangements must be made with the employee’s supervisor and adequate documentation may be required.
  7. Abuse of sick leave is sufficient reason for termination of employment or other disciplinary action.
  8. To support employees who elect to receive a COVID-19 vaccination, the College has determined that all leave-eligible employee groups will receive additional sick leave as follows:
    • Full-time employees will receive sixteen (16) hours of additional sick leave.
    • Part-time employees will receive eight (8) hours of additional sick leave.
      The additional sick leave allows employees paid time to receive the vaccine and recover from its side effects, if necessary. Employee sick leave balances will be updated in the pay period following approval of this policy language. This is a one-time addition to sick leave balances and no future additions are expressed or implied. 

8.05 Payment for Accrued Sick Leave

  1. An employee who (1) was employed in full-time permanent status prior to July 1, 1990, and who (2) has continuously maintained that employment status, and who (3) either (a) terminates full-time employment with CNM and simultaneously retires under the Educational Retirement Act (ERA), or (b) dies while still employed by CNM after becoming eligible to retire under ERA shall be entitled to receive payment for accrued sick leave at the following conversion rates:
    1. between 150 and 260 days (staff), 227 days (instructor), one day’s pay for each two days of sick leave in excess of 150
    2. fewer than 150 days, one day’s pay for each three days of sick leave
    3. accrued leave in excess of 260 days for staff and 227 days for instructors will be forfeited if not  used
  2. Employees who qualify will receive a lump sum payment which is subject to the usual payroll taxes with the exception of the Educational Retirement Act (ERA).
  3. Employees not employed prior to July 1, 1990, shall receive no payment for accrued sick leave.

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8.06 Medical Leave

Employee Rights Under the Family and Medical Leave Act (English PDF)

Employee Rights Under the Family and Medical Leave Act (Spanish PDF)

When an eligible employee is unable to perform essential job functions because of a serious health condition, the employee is entitled to medical leave without pay under the Family and Medical Leave Act for a period not to exceed 12 weeks during any 12-month period. All medical leave requests must be coordinated through the Human Resources Department before the leave is taken.

  1. Medical certification is required.
  2. An employee on medical leave must report to the dean/supervisor every 30 days.
  3. If the employee participates in College insurance plans, the College will pay the employer share of insurance benefits for the length of the leave up to 12 weeks.
  4. The employee will have the rights set out in the Family and Medical Leave Act.
  5. An employee is eligible for up to 12 weeks of medical leave under Section 8.06, up to 12 weeks of family leave under Section 8.07, or a combination of both totaling 12 weeks. In no event shall an employee be eligible for more than 12 weeks of medical and/or family leave taken under Section 8.06 and/or Section 8.07 in any 12-month period. (See also Section 8.16.)
  6. The 12-month period referred to in Section 8.06 and Section 8.07 shall commence on the date the medical or family leave begins.

8.07 Family Leave

Employee Rights Under the Family and Medical Leave Act (English PDF)

Employee Rights Under the Family and Medical Leave Act (Spanish PDF)

Under the Family and Medical Leave Act, eligible employees are entitled to up to 12 weeks of unpaid family leave during any 12-month period upon the birth and care of the employee’s child, placement with the employee of an adopted or foster child, or care of the employee’s spouse or domestic partner, child or parent in case of a serious health condition. All family leave requests must be coordinated through the Human Resources Department before the leave is taken.

  1. The employee may substitute appropriate accrued leaves for any part of the 12-week period.
    1. Sick leave may be substituted only if the family leave is being used for care of the employee’s spouse, child or parent in case of a serious health condition.
    2. Accrued paid annual and personal leave may be substituted in all cases of family leave.
  2. The 12-month period referred to in Section 8.06 and Section 8.07 shall commence on the date the family or medical leave begins.
  3. The employee will have the rights set out in the Family and Medical Leave Act.
  4. If the employee participates in College insurance plans, the College will pay the employer share of the insurance benefits for the length of the leave up to 12 weeks.
  5. Where both spouses are College employees, they shall be allowed a total of 12 weeks of family leave between them in any 12-month period for the birth or adoption of a child or placement of a foster child or to care for an ill parent.  If the leave is requested for either spouse’s own serious health condition or the serious health condition of the couple’s child, each spouse shall be entitled to separate family leave.
  6. An employee is eligible for up to 12 weeks of family leave Section 8.07, up to 12 weeks of medical leave under Section 8.06, or a combination of both totaling 12 weeks. In no event shall an employee be eligible for more than 12 weeks of family and/or medical leave taken under Section 8.07 and/or Section 8.06 in any 12-month period. (See also Section 8.16.)

8.08 Personal Leave-Instructional Employees

Regular full-time instructional employees are granted personal leave with pay for the academic year as follows: instructors, 30 hours, instructional support, 40 hours.

  1. Personal leave shall accrue at the rate of .1923 days per pay period.
  2. Personal leave may be taken, with proper approval, whether or not it has been accrued up to the maximum for which an employee will become eligible during the current fiscal or contract year. However, if the employee terminates employment before having accrued as much leave as has been taken, the employee shall be obligated to reimburse the College for unaccrued leave taken or the College may withhold from the employee’s earnings an amount sufficient to liquidate the debt.
  3. Employees shall be eligible for personal leave according to the terms of employment.
  4. Personal leave may be taken only with the approval of the designated supervisor. Personal leave is approved only if sufficient personnel remain in the department to maintain all programs adequately and provided adequate substitutes are available. The designated supervisor shall determine the proper notification period which employees shall observe in applying for personal leave.
  5. Not more than five days of personal leave may be taken in succession.
  6. Personal leave must be approved in advance.
  7. Not more than four days of personal leave granted but not taken during an academic year may be carried forward to the following academic year. For additional personal leave granted but not taken, the employee has the option of converting the excess to sick leave at 100 percent or receiving payment at a conversion rate of one day’s pay to four days of leave.
  8. No personal leave is accrued while an employee is on leave without pay.

8.09 Personal Leave - Non-Instructional Employees

One day (eight hours) of personal leave per fiscal year with pay shall be granted to regular full-time non-instructional employees.  Four (4) hours of personal leave with pay per fiscal year shall be granted to regular part-time non-represented employees.  Part-time employees who are also employed at the College in a full-time capacity, shall not earn personal leave as a part-time employee.

  1. Personal leave may be taken only with the approval of the designated supervisor.
  2. Unused personal leave will be converted to sick leave at the end of the fiscal year.

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8.10 Annual Leave - Non-Instructional Employees

Revised 04/13/2021

  1. Regular full-time non-instructional employees accrue annual leave per the table below. Additionally, regular part-time non-instructional, non-represented employees accrue annual leave on a pro rata basis based upon years of service as indicated below and actual hours worked in the pay period. Part-time employees who are also employed at the College in a full-time capacity, shall not earn annual leave as a part-time employee.

    Years of Service

     

    Annual Leave

    days

    hours

    0

    10

    80

    1

    12

    96

    2

    14

    112

    3

    15

    120

    4

    16

    128

    5

    17

    136

    6

    18

    144

    7

    19

    152

    8

    20

    160

    9

    21

    168

    10 or more

    22

    176
  2. CNM does not grant employees annual leave in advance of accrual.
  3. Annual leave is accrued each pay period.
  4. The maximum balance for annual leave shall be 240 hours at the end of any fiscal year. Effective July 1, 2021, once an employee reaches 240 hours, the employee shall stop accruing annual leave until the employee’s annual leave balance drops below 240 hours.
  5. Annual leave may be taken only with the approval of the supervisor. Leave will be approved when requested provided sufficient personnel are available to perform satisfactorily all duties and services of the department during the period of leave. The supervisor shall determine the proper notification period which employees shall observe in applying for annual leave.
  6. Annual leave must be approved in advance.
  7. No annual leave is accrued while an employee is on leave without pay.

8.11 Payment for Accrued Annual Leave

Revised 06/09/2020
Revised 04/13/2021

Employees are eligible for payment of accrued annual leave as follows:

  1. Active employees who exceed the maximum leave accrual (30 days/240 hours) at the end of the fiscal year shall receive payment for the excess balance at a conversion rate of one day’s pay to four days of annual leave. This provision shall not be in effect at the end of Fiscal Year 20 (June 30, 2020) because employees will be allowed to accrue annual leave beyond 240 hours in accordance with Section 8.10(C) of the Employee Handbook. Payment for annual leave in excess of 240 hours as of June 30, 2021 will occur in July 2021. Thereafter, payment for excess leave will no longer be applicable because employees will stop accruing annual leave beyond 240 hours in accordance with Employee Handbook Section 8.10(D).
  2. Employees are eligible for payment of accrued annual leave upon separation of employment. The rate of payment shall be at the terminating employee’s current hourly rate, one hour’s pay to one hour of annual leave.

8.12 Holidays

Paid holidays for regular, full-time non-instructional employees will be designated as part of the College’s academic calendar.  Part-time and temporary employees do not receive pay for holidays.

8.13 Professional Leave

Professional leave with pay shall be granted for participation in College-related professional activities upon the approval of the designated supervisor.

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8.14 Professional Development Leave, Full-Time Instructors

  1. Professional development leave is regarded as an important method of updating full-time instructors who have been away from industry for a prolonged period of time. For purposes of professional development leave, industry is defined as a private business or industrial organization, a government or public agency or an academic setting regularly employing five or more persons.
  2. In its sole discretion, the College may make professional development leave available to full-time instructors each fiscal year. Leave is for a maximum of one fiscal year.
  3. The Governing Board shall pay the instructor while on such leave up to one-half of the daily rate of pay for which the instructor would have qualified as an employee of the Board, such pay to be provided subject to the following conditions:
    1. The instructor is hired in a position commensurate with and appropriate to the duties assigned at the College;
    2. The pay from the professional development employment does not equal the instructor’s daily pay rate and the instructor is not paid below the prevailing rate of pay for such employment; and
    3. The leave is full time.
  4. Only full-time employees who have completed at least three years of continuous service with the College will be considered for professional development leave.
  5. Professional development leave shall be granted only upon agreement by the instructor to return to the College for at least two terms for each term on leave, or repay to the College the salary received from the College during the period of leave.
  6. The College shall continue to pay its share of premiums for insurance in which the instructor is enrolled when professional development leave is approved provided the instructor returns to the College for at least two terms for each term on leave. An instructor who fails to fulfill this requirement shall be liable for all payments made by the College on the instructor’s behalf.
  7. The instructor shall be guaranteed reinstatement in the previous position upon return to the College.
  8. If regular salary increments for length of service are contained in the pay plan, the period of leave shall be counted as a period of service in the computation of future length-of-service increments.
  9. The instructor may continue participating in the educational retirement plan by making appropriate contributions as agreed by the College and the Educational Retirement Board.
  10. Sick and personal leave benefits shall accrue as though the instructor were working full-time for the College.

8.15 Court Leave

  1. Leave with full pay will be granted a regular full and part-time employee for court legal process including jury duty, response to subpoena or other legal process which requires an absence from duty for other than personal matters.  The employee cannot accept payment from both CNM and the court system or legal counsel for time away on court leave.  To prevent double payment, the employee shall endorse to CNM any check made payable to the employee for participation in the legal process or direct an agency or attorney to make a check payable to CNM for the employee’s participation or, in the alternative, if the employee chooses to keep any payment made, the time spent by the employee will be charged to annual leave.
  2. Leave may also be requested by an employee to appear in court to assert or protect his or her own interests. The employee shall use personal leave balances, annual leave, or leave without pay for such purposes.

8.16 Military Leave

Revised 09/12/2023

A. Introduction 

CNM is committed to protecting the rights of employees on military leave.  In keeping with this commitment, CNM provides military leave for all employees in the uniformed services in accordance with the federal Uniformed Services Employment and Reemployment Rights Act (“USERRA”) and state law.  Independent contractors are excluded from this policy. 

No person will be denied employment, promotion, or reemployment on the basis of his or her membership in the uniformed services. No person will be discriminated or retaliated against for exercising his or her rights under this policy.  Human Resources should be contacted immediately if there is a suspicion of discrimination or retaliation in violation of this policy. 

B. Definitions

“Service” means the performance of military duty on a voluntary or involuntary basis, to include:  

  • Active duty 
  • Active duty for training 
  • Initial active duty for training 
  • Inactive duty training 
  • Full-time National Guard duty 
  • Medical examinations related to the employee’s fitness for duty 
  • Funeral honors 

“Uniformed services” includes the Army, Army National Guard, Army Reserve, Navy, Navy Reserve, Marine Corps, Marine Corps Reserve, Air Force, Air Force Reserve, Air National Guard, Coast Guard, Coast Guard Reserve, Space Force, commissioned corps of the Public Health Service, commissioned corps of the National Oceanic and Atmospheric Administration, and any other category of persons designated by the President in times of war or emergency or by the Governor of New Mexico when there is a state emergency. 

“Reemployment” for the purposes of this policy means reinstatement. 

C. Notice of Military Duties

Effective communication between the employee and CNM is critical under this policy.  Employees called to military duty must provide advance written or verbal notice to CNM unless giving notice is impossible, unreasonable, or precluded by military necessity.  Notice may also be provided by an appropriate officer of the military branch in which the employee is serving. Consult The Source for more details regarding initial notice requirements.    

D. Compensation

Employees in the uniformed services will be granted up to fifteen (15) days of military leave with pay per federal fiscal year when ordered to duty for training purposes in accordance with state law.  The 15 days of military leave with pay will be paid at the employee’s straight-time rate.    

All other military leave is without pay. The accrual of annual and sick leave is suspended while the employee is on military leave without pay; however, an employee may use any accrued annual leave during the period of military service. 

E. Leave Accrual and Holidays

The accrual of annual and sick leave will be suspended during unpaid military leave and will resume upon the employee’s return to active employment. Employees on military leave with pay shall continue to accrue annual and sick leave.  An employee on unpaid military leave does not receive holiday pay.

F. Health Insurance

If the service period is over thirty (30) days, an employee may continue employer-sponsored health care for up to twenty-four (24) months from the date the military leave begins. The employee may be required to pay, in advance, up to 102% of the full premium under the plan. For a duty period of thirty (30) days or less, the employee on military leave shall only be required to continue to pay his or her share of the insurance premium. 

Upon return from duty, CNM will reinstate health insurance coverage without any waiting period or exclusion for preexisting conditions. This provision does not apply to the coverage of any illness or injury determined by the Secretary of Veterans Affairs to have been caused or aggravated during the service period.   

G. Returning Employee Notice Requirements

Military Service (1-30 days):  Returning employee must report to CNM no later than the beginning of the first regularly scheduled work period on the first full calendar day following completion of service and the expiration of 8 hours (rest period).  Return to work may be “as soon as possible” if reporting on the first regularly scheduled work period is impossible or unreasonable through no fault of the returning employee.  

Military Service (31-180 days):  Returning employee must submit an Intention to Return Form for reemployment/reinstatement with CNM no later than fourteen (14) days after the completion of the service period or, if impossible to meet this deadline, by the next first full calendar day when submission becomes possible. 

Military Service (181+ days):  Submit an Intention to Return Form for reemployment/reinstatement with CNM within 90 days after the completion of service.   

Please consult The Source for more details regarding notice requirements upon return from military duty.   

OR 

A returning employee must provide notice to CNM in accordance with USERRA. Please consult The Source for details regarding notice requirements upon return from military duty.  

H. Employee Rights Upon Return

There is a five (5)-year cumulative service limit on the amount of military service an employee can perform and still retain reemployment rights. The five (5)-year limit does not include active duty training; annual training; involuntary recall to active duty or involuntary continuation of active duty; or voluntary or involuntary active duty in support of war, national emergency, or certain operational missions. Upon completion of the military service period, the returning employee shall be promptly reemployed in a position of employment in accordance with the following provisions: 

  • If the military service period was less than 91 days, employees are entitled to either the position of employment in which the person would have been employed but for the employee’s service period or the position the employee held prior to the service period.   
  • If the military service period was more than 90 days, employees are entitled to return to the positions in which they were employed, would have been employed, or a position of like seniority, status, and pay, the duties of which the person is qualified to perform.  The employer must make a reasonable effort to qualify the returning employee.   
  • Escalator Principle – The returning employee is entitled to the same position and pay grade, or the position and pay grade which the employee would have held but for the military service interruption.  Where two or more returning employees are entitled to reemployment in the same position, the person who left the position first would have the right to reemployment in that position.   
  • Changed Circumstances Exception – CNM is not required to reemploy a returning veteran if the employer’s circumstances have changed sufficiently so that reemployment is impossible, unreasonable, or would impose an undue hardship on the employer.  This exception does not apply where the position previously held by the returning employee has been filled by a replacement worker. 
  • Non-Recurrent Job Exception – The benefit of reemployment does not apply to positions for brief, non-recurrent projects or periods of time, or where there was no reasonable expectation that the employment would continue indefinitely or for a significant period.  This exception does not apply to recurrent part-time or seasonal work.  

CNM will make reasonable efforts, such as training or retraining, to enable returning employees to remain qualified for reemployment in the position they had or a position requiring similar skill and knowledge.  CNM is not required to reemploy a person after military leave if: 

  • CNM’s circumstances have so changed as to make such reemployment impossible or unreasonable; 
  • Such reemployment would impose an undue hardship upon CNM; or 
  • The employment from which the person left to serve in the uniformed services was for a brief, nonrecurring period.   

CNM will make reasonable accommodations for returning employees who were disabled during military service.  If the reasonable accommodation fails, an employee is entitled to any other position for which the employee is qualified or may be made qualified, and which is equivalent or nearly equivalent to the position in seniority, status, and pay. 

A returning employee must provide documentation of release or discharge from duty. If one or more of the following occurred, a returning employee will not be eligible for the rights established by USERRA upon return to work. 

  • A separation from uniformed service with a dishonorable or bad conduct discharge.   
  • A separation from uniformed service under other than honorable conditions.   
  • A dismissal pursuant to 10 U.S.C. § 1161(a). 
  • The employee was dropped from the rolls of any armed forces pursuant to 10 U.S.C. § 1161(b). 

I. Employment Protection 

If a returning employee’s service period was more than 180 days, the returning employee’s employment shall not be terminated, except for cause, for one year after being reemployed. A returning employee will not have his or her employment terminated for 180 days, except for cause, if the returning employee’s service period was less than one year but more than 30 days.  

8.17 Leave Without Pay

  1. The College may grant leave without pay for up to one year outside the Family and Medical Leave Act when the President determines it is in the best interest of the College.
    1. The supervisor may approve leave of less than one month in a fiscal year.
    2. If cumulative leave without pay will exceed one month in any fiscal year, the leave must be approved by the President.
  2. The College reserves the right to assign such an employee to an alternate position of the same grade at the conclusion of such leave if the position must be filled during the absence and is not vacant at the conclusion of the leave.
  3. If the request for leave without pay is granted, the following insurance-coverage policies shall apply:
    1. An employee with fewer than three years of service shall pay 100 percent of the cost of his/her insurance premiums while on leave without pay.
    2. An employee with more than three years of service may keep his/her benefits current for up to 105 calendar days by paying, in advance, the employee cost of the insurance premiums.  Such employee shall pay 100 percent of the cost of his/her insurance premiums for any leave without pay extending beyond 105 calendar days.
  4. An employee accrues neither sick nor annual leave while on leave without pay outside the Family and Medical Leave Act.
  5. An employee is not eligible for paid holidays while on leave without pay.

8.18 Substitute Procedures

An instructor who plans to be absent must obtain appropriate approved leave and make plans for coverage of missed classes.

8.19 Absence Without Leave

  1. Failure to notify the College of an absence for three consecutive days is regarded as abandonment and considered voluntary resignation by the employee except under circumstances covered under C. below.
  2. An employee who is unable to report for work is required to inform the College as early as possible of the anticipated absence.
  3. The requirement to notify is waived only in the case where the employee is prevented from giving notification by events beyond his or her control. As a condition for reinstatement, the employee will be required to demonstrate that notification was given as soon as possible.

8.20 Catastrophic Leave Donation Program (CLDP)

The catastrophic leave donation program permits salary and benefits continuation for employees who have exhausted all paid leave due to the serious illness or injury of the employee or a qualified individual. Qualified individuals are the employee, the employee's spouse or domestic partner, the employee's or domestic partner's child (natural, step, adopted, and foster), parent, grandchild or sibling that the employee is the primary custodian and caregiver of. The employee's salary and benefits continuation is achieved through donations of sick leave hours from other CNM employees on a voluntary basis in accordance with guidelines outlined in the Source policies and procedures manual. The CLDP is not intended to replace long-term disability insurance.

8.21 Domestic Abuse Leave

Effective Date: 4/14/15

Central New Mexico Community College (CNM) provides unpaid leave to any employee who is a victim of domestic abuse in accordance with the New Mexico Promoting Financial Independence for Victims of Domestic Abuse Act, NMSA 1978, § 50-4A-1 et seq. 

Leave time may be taken on an intermittent basis for up to fourteen (14) days in any calendar year, taken for up to eight hours in one day.  Leave time may be used to obtain an order of protection or other judicial relief from domestic abuse or to meet with law enforcement officials, to consult with attorneys or district attorneys' victim advocates or to attend court proceedings related to the domestic abuse of the employee, a minor child of the employee, or a person for whom the employee is a legal guardian. When domestic abuse leave is taken in an emergency, the employee or the employee's designee must give notice to the employee’s supervisor or the CNM Human Resources department within twenty-four hours of commencing the domestic abuse leave.  An employee may also use paid leave time consistent with CNM policies. 

The rights provided in the Promoting Financial Independence for Victims of Domestic Abuse Act shall not diminish CNM’s obligation to provide greater rights in compliance with another contract, collective bargaining agreement or employment benefit program, policy or plan.

Definitions

“Domestic abuse” means an incident of stalking or sexual assault whether committed by a household member or not, or an incident by a household member against another household member consisting of or resulting in physical harm; severe emotional distress; bodily injury or assault; a threat causing imminent fear of bodily injury by any household member; criminal trespass; criminal damage to property; repeatedly driving by a residence or work place; telephone harassment; harassment; or harm or threatened harm to children. The use of force in self-defense or the defense of another is excluded from the definition of domestic abuse.

“Family member” means a minor child of the employee, or a person for whom the employee is a legal guardian.

“Household member” means a spouse, former spouse, parent, present or former stepparent, present or former parent in-law, grandparent, grandparent in-law, child, stepchild, grandchild, co-parent of a child or a person with whom the petitioner has had a continuing personal relationship.  Cohabitation is not necessary to be deemed a household member. 

Certification or Verification

CNM may require verification of the need for domestic abuse leave.  If verification is required, an employee must provide one of the following forms of verification in a timely fashion:

  1. a police or security report indicating that the employee or a family member as defined above was a victim of domestic abuse; or
  2. a copy of an order of protection or other court evidence produced in connection with an incident of domestic abuse.  The document does not constitute a waiver of confidentiality or privilege between the employee and the employee's advocate or attorney; or
  3. the written statement of an attorney representing the employee, a district attorney's victim advocate, a law enforcement official or a prosecuting attorney stating that the employee or a family member appeared or is scheduled to appear in court in connection with an incident of domestic abuse.

Impact on Leave and Employee Benefits

To the extent permitted by law, CNM will not withhold pay, health coverage insurance or another benefit that has accrued to the employee when an employee takes unpaid domestic abuse leave.  Time taken for unpaid domestic abuse leave will not be included when calculating eligibility for benefits.

Retaliation Prohibited

Retaliation against an employee for using domestic abuse leave is prohibited.  CNM will grant an employee domestic abuse leave without interfering with, restraining or denying the exercise of rights under the Promoting Financial Independence for Victims of Domestic Abuse Act or attempting to do so. 

Confidentiality

CNM will not disclose verification information provided under Subsection B of Section 4 [50-4A-4 NMSA 1978] of the Promoting Financial Independence for Victims of Domestic Abuse Act and will make every effort to maintain confidentiality.  CNM may disclose an employee's information related to domestic abuse leave only when the employee consents, when a court or administrative agency orders the disclosure, or when otherwise required by federal or state law.

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