Section VIII: Leave Policies
- 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).
- Chargeable Leave: sick leave, personal leave and annual leave.
- Chargeable leave will be in one-half-hour increments.
- 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.
- 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.
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.
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.
- 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.
- Regular full-time and regular part-time employees accrue sick leave as follows:
- Full-time instructors accrue three hours per pay period worked up to a maximum of 1362 hours (227 days).
- 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).
- No sick leave is accrued while an employee is on leave without pay.
- 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.
- 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.
- 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.
- 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.
- 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.
- Abuse of sick leave is sufficient reason for termination of employment or other disciplinary action.
- 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:
- between 150 and 260 days (staff), 227 days (instructor), one day’s pay for each two days of sick leave in excess of 150
- fewer than 150 days, one day’s pay for each three days of sick leave
- accrued leave in excess of 260 days for staff and 227 days for instructors will be forfeited if not used
- 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).
- Employees not employed prior to July 1, 1990, shall receive no payment for accrued sick leave.
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.
- Medical certification is required.
- An employee on medical leave must report to the dean/supervisor every 30 days.
- 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.
- The employee will have the rights set out in the Family and Medical Leave Act.
- 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.)
- 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.
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.
- The employee may substitute appropriate accrued leaves for any part of the 12-week period.
- 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.
- Accrued paid annual and personal leave may be substituted in all cases of family leave.
- 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.
- The employee will have the rights set out in the Family and Medical Leave Act.
- 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.
- 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.
- 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.)
Regular full-time instructional employees are granted personal leave with pay for the academic year as follows: instructors, 30 hours, instructional support, 40 hours.
- Personal leave shall accrue at the rate of .1923 days per pay period.
- 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.
- Employees shall be eligible for personal leave according to the terms of employment.
- 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.
- Not more than five days of personal leave may be taken in succession.
- Personal leave must be approved in advance.
- 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.
- No personal leave is accrued while an employee is on leave without pay.
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.
- Personal leave may be taken only with the approval of the designated supervisor.
- Unused personal leave will be converted to sick leave at the end of the fiscal year.
- 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|
|10 or more||22||176|
- CNM does not grant employees annual leave in advance of accrual.
- Annual leave is accrued each pay period.
- The maximum balance for annual leave shall be 240 hours at the end of any fiscal year.
- 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.
- Annual leave must be approved in advance.
- No annual leave is accrued while an employee is on leave without pay.
Employees are eligible for payment of accrued annual leave as follows:
- 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 to four days of annual leave.
- Employees are eligible for payment of accrued annual leave upon termination. The rate of payment shall be at the terminating employee’s current hourly rate, one hour’s pay to one hour of annual leave.
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.
Professional leave with pay shall be granted for participation in College-related professional activities upon the approval of the designated supervisor.
- 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.
- 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.
- 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:
- The instructor is hired in a position commensurate with and appropriate to the duties assigned at the College;
- 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
- The leave is full time.
- Only full-time employees who have completed at least three years of continuous service with the College will be considered for professional development leave.
- 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.
- 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.
- The instructor shall be guaranteed reinstatement in the previous position upon return to the College.
- 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.
- The instructor may continue participating in the educational retirement plan by making appropriate contributions as agreed by the College and the Educational Retirement Board.
- Sick and personal leave benefits shall accrue as though the instructor were working full time for the College.
- 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.
- 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.
An employee shall be granted military leave in accordance with state and federal law. During the first 15 work days of such leave, when the employee is in the National Guard or reserves and is ordered to duty for training, the leave is paid.
- 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.
- The supervisor may approve leave of less than one month in a fiscal year.
- If cumulative leave without pay will exceed one month in any fiscal year, the leave must be approved by the President.
- 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.
- If the request for leave without pay is granted, the following insurance-coverage policies shall apply:
- 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.
- 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.
- An employee accrues neither sick nor annual leave while on leave without pay outside the Family and Medical Leave Act.
- An employee is not eligible for paid holidays while on leave without pay.
An instructor who plans to be absent must obtain appropriate approved leave and make plans for coverage of missed classes.
- 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.
- An employee who is unable to report for work is required to inform the College as early as possible of the anticipated absence.
- 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.
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 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 annual or personal 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.
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.
“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:
- a police or security report indicating that the employee or a family member as defined above was a victim of domestic abuse; or
- 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
- 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 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.
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.