N.M. Code R. § 1.7.7.9 - DONATION OF ANNUAL OR SICK LEAVE
A. Employees may donate annual or sick leave
to another employee in the same agency for a medical emergency with approval of
the head of the agency. Employees may also make and receive donations of annual
leave to and from employees in the exempt service in the same agency for a
medical emergency with approval of the head of the agency, as set forth by the
department of finance and administration's policies for Governor Exempt
Employees.
B. Employees may donate
annual leave to the full amount of their accumulated hours.
C. In accordance with the provisions of
Section
10-7-10
NMSA 1978, the donation of sick leave is governed by the following
restrictions:
(1) employees who have
accumulated more than six hundred hours of sick leave can transfer the
additional amounts over 600 hours to another employee;
(2) the dollar value of the transferred leave
shall equal fifty percent of the monetary value of the total hours transferred
by the donor employee;
(3) no more
than 120 hours of sick leave may be transferred by the donor in any one fiscal
year, with the exception of the year in which an employee retires, when an
employee may transfer up to 400 hours of sick leave;
(4) donations of sick leave may be made only
once per fiscal year on either the pay date immediately following the first
full pay period in January or the first full pay period in July, unless the
employee is retiring.
D.
An agency shall maintain the following documentation:
(1) the name, position title, and hourly rate
of base pay of the proposed leave recipient;
(2) a licensed health care provider's
description of the nature, severity, and anticipated duration of the emergency
involved which has been provided by the employee or legally authorized
representative and a statement that the recipient is unable to work all or a
portion of their work hours; and
(3) any other information which the employing
agency may reasonably require.
E. Supporting documentation for the request
to donate leave shall be kept confidential and not subject to public inspection
without the written consent of the employee.
F. The agency shall transfer the leave to the
leave account of the employee converting the dollar value of the donor's leave
based on the donor's hourly rate of base pay to hours of leave based on the
recipient's hourly rate of base pay.
G. The recipient of donated leave may not use
such leave until first exhausting all accrued annual and sick leave,
compensatory time and personal leave day.
H. Donated leave shall revert to the
employees who donated the leave on a prorated basis when the medical emergency
ends or the employee separates from the agency.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.