N.M. Admin. Code § 10.12.10.14

Current through Register Vol. 35, No. 21, November 5, 2024

Section 10.12.10.14 - RE EMPLOYMENT OF JOB-RELATED INJURED OR ILL FORMER EMPLOYEES

A.A former employee who has separated from the department due to job-related injury or illness and who has received or is due to receive benefits under the Workers' Compensation Act shall have reemployment rights in accordance with the provisions of Section 52-1-50.1 NMSA 1978 and Section 52-3-49 NMSA 1978 under the following provisions:

(1) Reemployment rights under this rule are extended only to employees of the department at the time of the job-related injury or illness and are provided only for positions which contain the same or lower midpoint as that held at the time of separation.

(2) To initiate reemployment rights under this rule, the former employee must notify the human resource director in writing of their desire to be reemployed. The notification shall include the positions and locations, which the former employee is willing to accept, and an appropriate application for employment.

(3) The department must receive certification in writing from the treating health care provider that the former employee is fit to carry out the essential functions of the position with or without reasonable accommodation without significant risk of re-injury or relapse to illness.

(4) When the department is to fill a vacant position which is a position and location indicated by the former employee, the department shall offer the job to the former employee provided:

(a) the employee meets the established requirements and can perform the essential functions of the job, either with or without reasonable accommodation, or

(b) the employee holds qualifications and abilities necessary for successful job performance and can perform the essential functions of the job, either with or without reasonable accommodation.

(5) Former employees reemployed in accordance with these provisions will hold the status of the position in accordance with these rules 10.12.2.9 NMAC, 10.12.2.10 NMAC or 10.12.2.11 NMAC and do not have to serve a probationary period if they were in career status at the time of separation.

B.The risk management division of the general services department shall be notified immediately of any injured or ill former employee who applies for a position and subsequently declines a job offer.

N.M. Admin. Code § 10.12.10.14

Adopted by New Mexico Register, Volume XXVI, Issue 13, July 15, 2015, eff. 7/1/2015