§ 2.28.100. Leave and holidays.

A. Authorized Leave. Leave is any authorized absence, with or without pay, during regularly scheduled work hours which is approved by the department head or supervisor. The department head or supervisor is responsible for the maintenance and transmittal of leave records to the payroll office.

B.

Unauthorized Leave. Absence without approved leave is subject to disciplinary action and loss of pay.

C.

Holidays and Personal Days. The Village of Los Lunas Council will establish the holiday schedule in December of each year, consisting of twelve holidays. All full-time employees will receive one personal day (eight hours) and all permanent part-time employees will receive one-half personal day (four hours) per year at the beginning of the first full pay period of each calendar year. All unused personal leave shall be forfeited if not used by the end of the calendar year.

The following conditions shall apply with respect to holidays and holiday pay:

1.

When a legal holiday observed by the village falls on a workday, full-time employees shall receive eight hours holiday pay and part time employees shall receive four hours of holiday pay for the hours worked on that particular day.

2.

When a holiday falls on an employee's day off, the employee's holiday shall be observed on the following work day, work load permitting as determined by the department head, or compensated for on the next paycheck.

3.

When a holiday falls during an employee's annual leave, the day shall be counted as a holiday and not a vacation day.

4.

In order to receive pay for a designated legal holiday, employees must be in a work or paid leave status on their scheduled work day immediately preceding and following the holiday, or must have worked on the stated holiday.

5.

When a holiday falls on a Saturday, it shall be observed on the preceding Friday, If the holiday falls on Sunday, it shall be observed on the following Monday. An exception is made for fire department employees who are members of the bargaining unit. These employees shall follow the terms of the latest labor management agreement (LMA) between the bargaining unit and the village.

6.

If non-exempt employees are required to work on a holiday, the employees shall be paid one and one-half times their base pay for all hours worked, plus the employee's regular holiday pay. (See subsection (C)(1).)

7.

Employees on unpaid leave of absence shall not receive holiday pay except for employees who are on approved family medical leave.

8.

Personal leave must be requested with as much advance notice as possible. Reasonable effort shall be made to accommodate the employee's request, though approval by the supervisor or department head shall be subject to advance notification and the needs of the department.

D.

Employees in classified positions accrue annual leave from their date of hire according to the following schedule:

1.

Classified Positions, Full-Time and Part-Time Employees.

Years of Service	Full-time Employees Accrued Leave Accrual Rates Per Year	Part-time Employees Accrued Leave Accrual Rates Per Year
Date of hire through five years of continuous employment	96 hours	48 hours
Sixth year through tenth year of continuous employment	120 hours	60 hours
Over ten years of continuous employment	144 hours	72 hours

 

2.

Annual leave begins to accrue with the employee's third payroll period from their date of hire accrual is calculated once per month, typically credited in the first pay period of each month.

3.

An employee does not accrue annual leave for any time worked in excess of forty hours per week.

4.

Annual leave shall not be granted in advance of accrual.

5.

Upon termination from village employment, an employee will be paid for all accrued annual leave up to the maximum allowed under subsection (D)(8), at a rate equal to one hundred percent of their hourly wage.

6.

An employee may use accrued annual leave just before the employee's separation from village employment.

7.

Annual leave must be requested as much in advance as possible. Reasonable effort shall be made to accommodate the employee's request, though approval by the supervisor or department head shall be subject to advance notification and the needs of the department.

8.

Employees in classified positions (full-time and part-time) shall be allowed to accrue annual leave from their date of hire up to a maximum allowed according to the following schedule:

Years of Service	Full-time Employees Maximum Accrued Leave	Part-Time Employees Maximum Accrued Leave
Date of hire through five years of continuous employment	248 hours	124 hours
Sixth year through tenth year of continuous employment	260 hours	130 hours
Over ten years of continuous employment	272 hours	136 hours

 

9.

Temporary and casual employees do not accrue annual leave.

E.

Sick Leave.

1.

Sick Leave with Pay. Leave with pay is granted to employees in a classified position for personal illness, pregnancy, or disability, or when an employee's child or spouse, or parent requires the personal attention of the employee because of a serious injury or illness as defined in the Family and Medical Leave Act.

a.

Sick leave is not granted in advance of accrual.

b.

Full-time employees begin to accrue sick leave after their payroll period, at the rate of eight hours per month for full-time employees and four hours for part-time employees. Accrual is calculated in the first pay period of each month.

c.

Employees may accrue a maximum of five hundred seventy-six hours of sick leave.

d.

Employees with a sick leave balance greater than five hundred seventy-six hours as of July 1, 2007, can accumulate a maximum sick leave balance equal to their respective sick leave balance as of January 1, 2007, plus ninety-six hours.

e.

There shall be no pay for sick leave upon resignation, lay-off or involuntary dismissal.

f.

Each December, employees are entitled to be paid for accrued sick leave in excess of four hundred eighty hours, not to exceed ninety-six hours, at a rate equal to fifty percent of their hourly wage.

g.

Immediately prior to retirement from village service, an employee who has accumulated over five hundred seventy-six hours of sick leave, shall be entitled to be paid for fifty percent of their sick leave hours greater than five hundred seventy-six hours, not to exceed four hundred hours, at a rate equal to seventy-five percent of their hourly wage.

h.

Temporary and casual employees do not accrue sick leave.

i.

Any employee making a false claim for sick leave or who refuses to be examined by a physician may be dismissed.

j.

Patterns of sick leave usage may result in supervisor or department heads requiring documentation or certification of a licensed physician.

k.

Planned use of sick leave must be requested to the supervisor or department head as much in advance as possible.

l.

In the case of an extended illness, an employee may use accrued compensatory time or annual leave in that order.

2.

Physical Examination. The village may request that an employee have a medical examination when it appears to the supervisor or department head that the employee cannot perform the essential functions of his position, when a pattern of sick leave develops, or when an employee advises the supervisor or department head that he cannot perform his job for medical reasons. The village shall pay for the examination. An employee who refuses to be examined by a physician designated by the village shall not receive sick leave pay for the claimed period of absence and may be dismissed. Employees who cannot perform the essential functions of their positions shall be terminated if reasonable accommodation creates an undue hardship or if the employee poses a safety threat to other village employees, the public, or to himself.

3.

Reporting Sick Leave. Sick leave shall be reported to the administrative office by the employee or an immediate family member on a daily basis and as soon as possible but no later than fifteen minutes after the beginning of the employee's work shift unless the nature of the illness requires extended leave certified by the employee's physician and of which the employee's supervisor has been notified.

4.

Use of Sick Leave During Probationary Period. Probationary employees accrue sick leave. Use of sick leave must be approved by the employee's supervisor on a day-by-day basis during the probationary period.

5.

Donation of Leave Time for Nonwork-Related Serious Injury or Illness. Village employees who have accumulated annual leave time under subsection D of this section or sick leave time under this section may, but are not required or urged to, donate the time to other village employees. Such donations shall be made under the terms and conditions specified below:

a.

Nonprobationary village employees who have accumulated more than eighty hours of annual or sick leave may donate up to sixteen hours per employee of that annual leave or sick leave time to other nonprobationary village employees who have exhausted all annual leave, sick leave, or compensatory time due to a nonwork-related serious injury or illness.

b.

The employee in need of donated time must make a request for such time in writing to the department head who in turn shall notify the payroll clerk. The payroll clerk shall inform village employees of the request.

c.

Donations of time shall be made on forms provided by the village, signed by the donating employee and witnessed by the department head. Donations of time shall be in hourly increments. The receiving employee shall be paid at his hourly rate of pay for donated time, not at the donor's rate.

d.

Donated time accrues to the employee receiving the donation and time will not be returned, if not used. Under no circumstances shall time donated to any employee exceed the maximum time allowed under subsection (E)(1) of this section (sick leave).

e.

Donations of time are completely voluntary. No employee, supervisor, or elected official shall demand the donation of time from any employee, although a request from an employee may be communicated to other employees.

f.

Terminated employees are ineligible to receive donations.

g.

No right of donation is hereby created in any employee, regardless of circumstance.

F.

Family and Medical Leave of Absence (FMLA).

1.

Eligibility. To be eligible for family and medical leave benefits, an employee must have worked for the village for a total of at least twelve months and have worked at least one thousand two hundred fifty hours over the previous twelve months. Eligible employees may receive up to a total of twelve workweeks of unpaid leave during a twelve-month period (measured backwards from the date the leave is first to commence) for one or more of the following reasons:

a.

The birth of the employee's child;

b.

The placement of a child for adoption or foster care;

c.

To care for an immediate family member (spouse, child or parent) with a serious health condition; or

d.

To take medical leave when the employee is unable to work because of a serious health condition.

All time taken off from work for any of the above reasons shall be counted against the remaining balance of FMLA leave.

Leave for the birth, adoption, or placement in foster care of a child must be completed within twelve months of the applicable event.

2.

Required Use of Accrued Leave. The village shall require an employee to use the employee's entire accrued and unused sick, annual and compensatory time to cover leave prior to going on unpaid leave.

3.

Requesting Family and Medical Leave and Medical Certification. Employees requesting family care and medical leave shall be required to provide: (a) thirty-day advance notice when the need for the leave is foreseeable; (b) medical certification (both prior to the leave and prior to reinstatement); (c) periodic re-certification; and (d) periodic reports during the leave. The medical certification must state the date the condition started, how long it is expected to last, and, if the leave is to care for an immediate family member, how long the employee shall be needed to provide care and that the serious health condition requires the employee to provide such care. If the leave is for the employee's own serious health condition, the certification must also state that the employee is unable to perform the essential functions of the employee's current position. When leave is needed to care for an immediate family member or the employee's own serious health condition and is for planned medical treatment, the employee must try to schedule treatment so as not to unduly disrupt department operations.

If the employer has any doubt as to the validity of the certification, a second opinion may be required from a medical provider of the village's choice and at its expense. In addition, the village may require that a third opinion be obtained from a health care provider at the village's expense. In such an event, the opinion of the third provider shall be final and binding.

4.

Reinstatement. An employee returning from an approved family and medical care leave of absence that does not exceed the maximum eligible length of leave shall be reinstated to his or her original position or an equivalent one with no loss of seniority or benefits that accrued prior to taking the leave. A medical release to return to work from a leave taken because of the employee's own serious health condition may be required from the employee.

"Serious health condition" means an illness, injury, impairment or physical or mental condition that involves either inpatient care in a hospital, hospice, residential health care facility, continuing treatment or supervision by a health care provider. An employee who does not return to work at the end of an authorized leave and does not obtain an approved extension of leave shall be regarded as having voluntarily resigned.

If an employee on leave is a salaried employee who is among the top ten percent of employees in terms of gross earnings and keeping the job open for the employee during the leave would result in substantial grievous economic injury to the operations of the village, reinstatement may be denied. In such cases, the village must give the employee a reasonable opportunity to return to work after notifying the employee of the intent to refuse reinstatement.

5.

Continuation of Benefits. During an approved leave, the village shall continue to provide, if otherwise available, medical coverage under its group health plan on the same conditions that would have applied if the employee had not taken the leave. In no case shall the village continue to pay for such coverage for more than twelve weeks in any twelve-month period. The employee shall remain responsible for paying the employee's portion, if any, of the insurance premium, including the premium for dependent coverage, if available. Failure to pay premiums on a timely basis may result in a lapse of coverage. If the employee fails to return to work when the leave expires, the employee shall be required to reimburse the village for the group health insurance premium paid by the village on behalf of the employee during the leave unless the employee fails to return because of a continuation, reoccurrence, or onset of a serious health condition that entitles the employee to leave under this policy or due to circumstances beyond the employee's control.

No sick or annual leave shall accrue while an employee is on unpaid leave.

6.

Intermittent Leave. Intermittent leave or reduced work schedule shall only be permitted if the employee suffers from a serious condition or if an employee's spouse, child, or parent suffers from a serious condition requiring continuing medical treatment. Intermittent leave must be scheduled with the employee's supervisor in advance of the need to take intermittent leave and must not unduly affect the village's business. The village may temporarily transfer an employee requesting intermittent leave to an alternative position under certain circumstances.

G.

Bereavement Leave. In the event of a death in the employee's immediate family, as outlined under Section 2.28.050(E), including grandparents, the employee will be permitted two days leave with pay per calendar year not chargeable under any benefits. After two days, bereavement leave will be charged against the employee's sick leave. An employee must notify the employee's department head prior to taking such leave. Under extenuating circumstances, annual leave time may be used for bereavement purposes.

H.

Administrative Leave with Pay. Leave with pay and travel pay may be authorized by the department head to allow employees to attend training, workshops, and meetings of boards and commissions when the employee's attendance is on behalf of the village and in the best interest of the village. Employees shall also receive payment for per diem, mileage, and all necessary and pre-approved out-of-pocket expenses. If the employee is paid by the board or commission for his attendance in excess of per diem, the village shall pay the employee his regular salary less the amount received by the employee from the board or commission or the employee may turn over the compensation from the board or commission to the village. Administrative leave with pay may also be granted with the approval of the village administrator pending disciplinary action.

I.

Occupational Injury Time/Workers' Compensation.

1.

Workers' Compensation. Employees injured on the job or suffering from occupational diseases, as defined in the New Mexico workers' compensation statute, shall receive workers' compensation benefits as prescribed by law. An employee will continue to receive group health coverage, group dental insurance, and group life insurance with the employee and the employer paying their respective share of the premium for a period not to exceed three months.

2.

Reporting Procedure. Any employee claiming to be entitled to compensation shall give notice in writing to their supervisor regarding the alleged accident within fifteen days after the employee knew, or should have known, of its occurrence, unless, by reason of his injury or some other cause beyond his control, the employee is prevented from giving notice within that time, in which case he shall give notice as soon as may reasonably be done and at all events not later than sixty days after the occurrence of the alleged accident.

3.

Medical Procedure. An employee who incurs a job-related injury or illness shall follow the procedures established as designated by the village administrator. The employee, a co-worker or supervisor must dial 911 to report the injury. The medical unit of the Los Lunas fire department will be dispatched to respond to the scene of the accident at which time the employee will be evaluated to determine if further medical attention is required. The medical unit will issue the authorization form required by the village for the treatment of the employee.

4.

Return to Work. An employee must return to his former position or be reassigned to a comparable position if the village's physician certifies that the employee can return to work within three months of the injury. If an employee is unable to perform the essential functions of his job with reasonable accommodations at the end of three months, the employee may be dismissed within the guidelines of the law.

5.

Modified Work Schedule.

a.

An employee returning from workers' compensation disability may return to light duty if an appropriate position is available and the employee's physician certifies that the employee can return to a modified work schedule.

b.

Light duty is defined either as performing the same job as the employee held before the injury, or as performing the duties of another position for which the employee is qualified, for fewer than eight hours each day or having reduced physical requirements for the full day or less than the full day.

c.

The times and conditions of light duty shall be determined by the employee's department head in conjunction with the village administrator. All light duty assignments are temporary and shall not exceed three months.

6.

Re-employment of Village Employees Injured on the Job. A classified full-time or part-time employee, who has received benefits pursuant to the Worker's Compensation Act and who was unable to return to work during the twelve-week period during which the village held the employee's position open, may apply for his pre-injury job, a modified job similar to the pre-injury job, or any job that pays less than the pre-injury job, provided that the employee is qualified for this job and the village is hiring. The village shall rehire the classified full-time or part-time employee provided that the employee's treating health care provider certifies that the employee is fit to carry out the job without significant risk of injury.

J.

Civic Duty Leave. An employee shall be given necessary time off with pay for the following:

1.

Jury Duty. Pay for jury duty shall be authorized only for those days that the employee is scheduled to work. If excused by the court during a working day, the employee shall return to duty if at least one hour of village duty can be served in that work day. If the employee does not return to work, the balance of the day shall be charged to annual leave or leave without pay.

a.

The employee shall provide his supervisor with a copy of the summons for jury duty.

b.

Employees are expected to report to work for the hours before and after jury duty.

e.

Part-time and temporary employees do not receive pay for jury duty.

The employees seeking pay for jury time, shall turn over to the village all compensation received from the court for serving as a juror.

2.

Court Appearance Time. Full-time and part-time employees shall be paid for court time when required by village duties or subpoenaed to appear before a court, personnel hearing officer, public body or village council for the purpose of testifying in regard to village matters. If a court appearance is not required by village duties, the employee shall not receive pay unless the employee uses accrued vacation or compensatory time.

3.

Voting. For purposes of a national, state, or local election, an employee who is registered to vote shall be granted up to two hours paid leave for voting. The employee's supervisor may specify the hours for the leave. This leave shall not be granted to any employee whose work day begins more than two hours subsequent to the time of the opening of the polls, or ends more than three hours before the closing of the polls. Time off for voting shall not be used for other purposes. Department heads may inquire in the office of the county or village clerk to see if an employee is a registered voter before granting time off to vote.

K.

Military Leave for Reserve or National Guard Duties.

1.

Paid Military Leave for Reserve or National Guard Activities. Paid military leave shall be granted for authorized reserve or national guard activities for a maximum of fifteen working days during a one-year period. Military leave must be requested twenty days in advance. The employee must furnish proof of duty orders or other documentation prior to leave being granted unless the leave is for emergency purposes.

2.

Unpaid Military Leave. Employees voluntarily or involuntarily serving on active duty for more than fifteen working days shall be placed on leave without pay. The employee on unpaid military leave will not be allowed to use annual and sick leave.

3.

Employees Returning from Unpaid Military Leave. Any employee who leaves a position he has held with the village other than a temporary position, to enter the armed forces of the United States, national guard or organized reserve, and who serves on active duty and is honorably discharged or released from active duty to complete his remaining service in a reserve component, and who is still qualified to perform the duties of the village position previously held, shall be reemployed in such position or to a position of like seniority status, and pay. To be reemployed in such position, the employee must make application for reemployment within ninety days after he is released from training or duty or within ninety days of release from hospitalization which continued after honorable discharge for a period of not more than one year.

a.

The returning employee shall be deemed to have accrued seniority and length of service rights for the purpose of calculating sick and annual leave as though his employment with the village had been continuous since the date of initial employment.

b.

The returning employee shall have all annual and sick leave accrued at the time of his departure for military services restored.

L.

Inclement Weather. The village administrator may at his discretion close offices and send employees home with pay due to inclement weather.

(Ord. 343 (part), 2007)

( Ord. No. 389, 3-13-2014 )