N.M. Code R. § 1.7.4.13 - PAY DIFFERENTIALS
A.
Temporary recruitment differential: The director may authorize, in
writing, a pay differential of up to fifteen percent (15%) of an employee's
base pay to an employee who fills a position which has been documented as
critical to the effective operation of the agency and has been demonstrated and
documented to be a severe recruitment problem for the agency.
(1) A temporary recruitment differential
authorized under this provision shall be tied to the position and may not
transfer with the employee should the employee leave that position. Payment of
this differential shall be separate from the employee's base salary. Agencies
shall demonstrate to the office, at least biennially, the circumstances which
justified the differential to determine the necessity for its
continuance.
(2) A temporary
recruitment differential of more than fifteen percent (15%) of an employee's
base pay or that results in an employee's pay exceeding the maximum of the pay
band may be authorized by the director.
B.
Temporary retention
differential: The director may authorize, in writing, a pay differential
of up to fifteen percent (15%) of an employee's base pay to an employee in a
position which the agency has documented and has been designated as critical to
the effective operation of the agency and the employee's departure would
disrupt the agency's ability to fulfill its mission.
(1) A temporary retention differential
authorized under this provision may be approved up to one year. The agency
shall demonstrate to the office, at least annually, the circumstances which
justify the continuance of the differential. The agency must provide a detailed
plan that outlines how they intend to resolve the problems associated with the
retention difficulties. Payment of this differential shall be separate from the
employee's base salary and may not transfer with the employee should the
employee leave that position.
(2) A
temporary retention differential of more than fifteen percent (15%) of an
employee's base pay or that results in an employee's pay exceeding the maximum
of the pay band may be authorized if approved by the director.
C. The temporary recruitment
differential and the temporary retention differential are separate and distinct
pay differentials that are administered separately.
D.
Pay for dusk to dawn work:
Employees shall be paid, in addition to their hourly pay rate, no less than
$0.60 per hour for each hour of regularly scheduled work between 6:00 p.m. and
7:00 a.m.
(1) Agencies shall notify the
director of any change to the dusk to dawn differential or hours of
eligibility.
(2) Agencies may
choose not to pay the dusk to dawn differential to an employee whose
alternative work schedule request results in the employee working any hours
between 6:00 p.m. and 7:00 a.m.
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