A. State agencies, political subdivisions and school districts shall implement policies that provide for employees who earn annual or sick leave the opportunity to donate annual or sick leave to another employee for a medical emergency. The policy shall provide:
(1) that a reasonable amount of leave may be donated by an employee annually and that each employee shall maintain a certain minimum amount of leave before making a donation of leave in excess of that amount;
(2) that the donation may be limited to a donation between employees within an organizational unit;
(3) for an application process for donated leave that includes:
(a) a method of soliciting donated leave;
(b) documentation of the identity of the donor and recipient of leave;
(c) a certified document by a health care provider that describes the nature, severity and anticipated duration of the emergency medical condition of the recipient and that includes a statement that the recipient is unable to work all or a portion of the recipient's work hours; and
(d) other information that the employing agency may reasonably require;
(4) that an employee who wishes to request donated leave shall first use all annual, sick and personal day leave that the employee has accrued and any compensatory time due prior to receiving donated leave;
(5) for conversion of the value of the donor's donated leave based on the donor's hourly rate of pay to hours of leave for the recipient based on the recipient's hourly rate of pay; and
(6) that unused donated leave at the end of a medical emergency or when no longer needed shall revert to the donating employees on a prorated basis.
B. To the extent any provision of this section conflicts with a current collective bargaining agreement negotiated pursuant to the Public Employee Bargaining Act [Chapter 10, Article 7E NMSA 1978], the provisions of this section shall not apply.
History: Laws 2015, ch. 81, § 1.
Effective dates. — Laws 2015, ch. 81 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2015, 90 days after the adjournment of the legislature.
Structure New Mexico Statutes
Chapter 10 - Public Officers and Employees
Article 7 - Compensation and Working Conditions Generally
Section 10-7-2 - Salaries and wages; rules; direct deposit.
Section 10-7-3 - [Inapplicability of act.]
Section 10-7-4 - Group insurance; cafeteria plan; contributions from public funds.
Section 10-7-4.1 - Children, youth and families department; group life insurance.
Section 10-7-5 - [Premiums; deduction from salaries.]
Section 10-7-5.1 - Local public bodies; group health and group life insurance.
Section 10-7-6 - [Repeal and saving clause.]
Section 10-7-7 - [Old-age benefits under Social Security Act.]
Section 10-7-8 - Annuities and deferred compensation plans; reductions from gross salaries.
Section 10-7-9 - Minimum salary rate.
Section 10-7-10 - Accumulated sick leave; payment of certain excess amounts.
Section 10-7-11 - Accumulated sick leave prior to retirement; payment of certain excess amounts.
Section 10-7-12 - Government cost savings incentive award.
Section 10-7-13 - Leave; coordination with workmen's compensation benefits.
Section 10-7-14 - Short title.
Section 10-7-15 - Definitions.
Section 10-7-16 - Cafeteria plan; optional.
Section 10-7-17 - Salary reduction agreements.
Section 10-7-18 - Status of salary reduction.
Section 10-7-19 - Applicability to deferred compensation plans.
Section 10-7-20 - Qualified transportation fringe benefit.
Section 10-7-21 - Undercover agents; life insurance benefits.