N.M. Admin. Code § 10.4.7.19

Current through Register Vol. 35, No. 23, December 10, 2024

Section 10.4.7.19 - MILITARY LEAVE - ACTIVE DUTY

A. An employee who is ordered to active duty (not active duty training) and presents a copy of the official orders or appropriate military certificate to the district attorney shall be granted military leave with pay for the first fifteen (15) calendar days. After the paid military leave has been exhausted, the remainder of time they are on active duty must be taken as leave without pay, unless they elect to use their annual or compensatory leave.

B. Employees who enter active military duty are entitled to return to their former positions or to similar positions with the same pay provided they are still qualified to perform the duties of the position. Employees must notify the respective district attorney's office that they are eligible for re-employment within thirty (30) days of release from military service.

C. Upon re-employment, employees are entitled to be treated as though they never left for purposes of rights and benefits based upon length of service. The time spent in the military shall count for seniority, general pay increases and annual accrual rate purposes. Part-time employees shall receive prorated benefits.

D. Employees in the reserves and the national guard who are called to active duty shall first be granted any remaining military leave from the fiscal year normally used for training purposes and then be granted an additional fifteen (15) days of military leave, as authorized by the governor.

N.M. Admin. Code § 10.4.7.19

10.4.7.19 NMAC - Rp, NMDAA 91-1.6.13, 6/30/2010