City of Las Cruces - HR - Personnel Manual

Human Resources - Personnel Manual - Section 500

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•	Human Resources
•	Personnel Manual: Table of Contents

Table Of Contents

•	Sec 100: Introduction
•	Sec 200: Recruitment & Selection
•	Sec 300: Classification Plan
•	Sec 400: Compensation
•	Sec 500: Leave, Attendance & Holidays
•	Sec 600: Employee Work Rules & Procedures
•	Sec 700: Employee Training & Development
•	Sec 800: Management Authority & Responsibilities
•	Sec 900: Disciplinary Actions, Transfers & Terminations
•	Sec 1000: Performance Reviews
•	Sec 1100: Employee Grievances & Discrimination Complaints
•	Sec 1200: Benefits
•	Sec 1300: Definitions

500 LEAVE, ATTENDANCE AND HOLIDAYS

LEAVE DEFINITIONS. An employee benefit made available by the City of Las Cruces for eligible employees. Each eligible employee must submit a written request in advance of the time he/she elects to be absent from regular duties. Exceptions may be made in cases of illness, accident, or emergency. Written requests for leave do not guarantee that the request will be approved. Supervision shall consider each request on a case-by-case basis. Approval shall be considered in terms of workload, staffing levels, availability of personnel, timeliness and other job-related factors.

REST PERIODS. Subject to work schedules and service delivery needs, full-time, non-exempt, unrepresented, non-public safety employees may be allowed a rest period of up to fifteen (15) minutes in each half of the work shift. Rest periods can not be accumulated from day to day and can not be used in conjunction with other paid time off, starting and quitting times, or the lunch period. Rest periods need to be strictly scheduled and are subject to cancellation and interruption by the supervisors, customers or service delivery needs. Rest periods shall be taken at their original time and can not be rescheduled due to interruptions or cancellations. These rest periods are to provide employees time away from their duties to return personal calls, check cell phone messages, smoke or to attend to other personal needs.

ATTENDANCE/PUNCTUALITY. Whenever possible, time off should be scheduled in advance. Excessive unscheduled absenteeism or failing to be punctual can adversely affect the quality of services, the workload of co-workers, and the employee’s work record. Repeated unscheduled absences, even for legitimate reasons, will be subject to review and progressive discipline may be initiated. Employees are personally responsible for properly notifying their immediate supervisor or designee in advance of the scheduled work shift whenever they will be absent, late, or need to leave early.

Definitions:

Scheduled Absences are Pre-planned periods of time off which an employee and their immediate supervisor mutually agree to before the absence is to occur.

Unscheduled Absences. Unplanned time off to which an employee and their immediate supervisor did not mutually agree in advance. An unscheduled absence may be paid if sufficient leave accruals are available and the supervisor or designee is properly notified before the shift begins. The supervisor retains the right to approve/disapprove use of sick leave accruals if proper notification of the absence is not received.

Absence – includes missing an entire scheduled shift of work or reporting to work more than two hours late or not staying through at least one-half of a scheduled shift.

Failure to Report on Time –arriving or “clocking in” after the official starting time, or leaving or “clocking out” before the official quitting time, without advance approval.

Failure to Notify Supervisor. Employees failing to properly notify their immediate supervisor or designee of an absence, will not be paid for such absence. Three consecutive unscheduled absences without calling may constitute a presumption of job abandonment and the employee may be deemed to have voluntarily resigned their position. In this situation, the employee will be ineligible for future re-hire.

Extenuating Circumstances. Occasionally, there may be situations which could be exempt from the disciplinary measures of this policy. Should such a case arise, the employee should review the events that occurred with the Department Director.

Incarceration. An employee who is arrested or incarcerated by authorities shall not be granted any form of paid leave to serve periods of confinement or incarceration (generally excluding pre-trial confinement).

LEAVE AND PAY DEDUCTIONS FOR EXEMPT EMPLOYEES
1. FLSA Leave for Exempt Employees
2. FLSA Pay Deductions for Exempt Employee

ANNUAL LEAVE. Annual Leave (also referred to as vacation) may be taken from time to time, normally in four-hour increments depending on unused accrual and prior approval by supervision. Eligibility depends on the following criteria:

Individual must be employed in a position eligible for annual leave accruals.

Annual Leave shall "accrue" to regular and probationary full-time employees and to regular and probationary part-time employees on a pro rata basis from date of regular appointment at the following rates, depending on years of service. Annual leave shall accrue to contract employees in accordance with the terms of the contract and shall accrue for grant-funded employees in accordance with the terms of the grant.

	YEARS OF SERVICE	REGULAR F/T 40 HRS/WK	LCFD WORKING 56 HRS/WK
During 1st Year	56 hrs/yr	(7 days)	56 hrs/yr
2nd and 3rd Year	80 hrs/yr	(10 days)	112 hrs/yr
4th - 10th Year	120 hrs/yr	(15 days)	168 hrs/yr
11th + Years	160 hrs/yr	(20 days)	224 hrs/yr

An employee who has been approved for annual leave shall not change that leave to sick leave without presenting the supervisor with a physician’s statement that the employee became ill.

Exceptions to this policy can be made under extraordinary circumstances upon recommendation of the Department Director and approved by the City Manager.

ANNUAL LEAVE MAXIMUM ACCRUAL ALLOWANCE.
1. No more than 240 hours (30 days) of Annual Leave shall be carried forward from one calendar year to a subsequent calendar year (336 hours, for 56-hour non-union fire service personnel). All unused accrued Annual Leave in excess of these hours shall be forfeited effective midnight, December 31 of each calendar year.
2. When an employee terminates for any reason, he/she shall be paid for all earned Annual Leave up to 240 hours (30 days) plus accrued Annual Leave for the current calendar year unused by date of termination.
3. Employees who voluntarily retire and begin receiving a P.E.R.A. pension, will be paid for all accrued Annual Leave even if in excess of 240 hours, but not to exceed the aggregate of 30 days plus Annual Leave accrued but not used since the beginning of the calendar year (336 hours for 56 hour non-union fire service employees).
4. Exceptions to this policy can be made under extraordinary circumstances upon recommendation of the Department Director and approved by the City Manager.

PERSONAL LEAVE. Regular and probationary employees shall accrue personal time off to conduct personal business as described below. The amount of Personal Leave authorized each calendar year is determined according to the employee’s schedule. Personal leave shall accrue to contract employees in accordance with the terms of the contract and for grant-funded employees, in accordance with the terms of the grant.
1. 8 hrs per calendar year for employee’s who are budgeted to work 35 or more hrs/week.
2. 11.25 hrs per calendar year for 56 hour non-union fire service employees.
3. Part-time regular employees shall accrue personal leave on a pro rata basis.
4. All unused personal leave shall be forfeited effective midnight, December 31 of each calendar year.
5. Personal Leave must be approved in advance and requested using the Request for Leave Form.

SICK LEAVE.
1. Sick Leave is an employee benefit provided by the City which provides time off from regular duty, with pay when an employee is unable to work due to illness, for an FMLA qualifying event, or for an illness in the immediate family. Immediate family shall be defined as spouse, minor child or stepchild ( dependant), an individual for which the employee is a court appointed legal guardian, or domestic partner and their minor children. Employees using sick leave accruals shall submit a Leave Request Form prior to or immediately upon
  return to work. A supervisor may verify use of sick leave by requesting a physician ’s statement confirming the illness.
2. Sick Leave shall "accrue" to regular and probationary full-time employees and on a pro rata basis to regular and probationary part-time employees from date of regular appointment as follows:
  1. 96 hrs (12 days) for employees who work 40 hrs/week.
  2. B. 135.2 hrs (16.9 days) for non-union fire service employees who work 56 hrs/week.
3. Sick leave shall accrue to contract employees in accordance with the terms of the contract and for grant-funded employees, in accordance with the terms of the grant, not to exceed the amounts as stated in 508.2.
4. Abuse of Sick Leave may result in disciplinary action up to and including termination. Sick Leave abuse is defined as charging Sick Leave for work absences when not sick, except for an FMLA qualifying event or use of sick leave for doctor appointments. Any of the following conditions may indicate a need to review sick leave use:
  1. Patterns of use; e.g., after pay day, using the same day of the week repeatedly, the day before or after holidays, Annual Leave or weekends, or
  2. When attempting to contact an employee and finding the employee not home, reported or having been seen in an activity which belies the statement of illness, as well as other possible actions, or
  3. When a review of leave reveals that Sick Leave is being used at the same rate that it is being accrued.
5. Whenever an employee has been absent from duty because of an injury, or has been absent from duty for three (3) or more consecutive calendar days, the supervisor shall initiate the FMLA procedures.
6. All absences from the work station to visit a medical facility will be charged to sick leave or annual leave and are to receive prior approval by the supervisor.
SICK LEAVE MAXIMUM ACCUMULATION ALLOWANCE.
1. No more than 1,560 hours (195 days) of Sick Leave shall be carried forward from one calendar year to a subsequent calendar year. The maximum for non-union fire department personnel working a 56 hour schedule shall be 2184 hours (91 shifts).
2. Employees who have accumulated Sick Leave in excess of 300 hours (37.5 days) may, at their option, sell back to the City any hours in excess of 300 hours (37.5 days) in accordance with the following provisions:
  1. Notification of intent to sell Sick Leave must be given to the employee's supervisor between November 1 thru November 15. Maximum Sick Leave that may be sold back to the City in any given year will be 240 hours (30 days). Maximum sell back for non-union fire service employees working a 56-hour schedule shall be 336 hours. Maximum sell back for employees retiring from City government shall be 836 hours (104.5 days)
  2. The rate of exchange for Sick Leave will be at a ratio of 3:1 and will be paid in accordance with the following schedule:
    1. Employees who elect to convert to Annual Leave: Sick leave converted to Annual Leave will be posted to employee's record January 1 of the following year.
    2. Employees who elect to receive payment for Sick Leave: An extra payment will be made in the first 15 days in December..
      EXAMPLE: An employee with accrued Sick Leave of 510 hours may sell 210 hours back to the City for 70 hours of Annual Leave or a payment to be computed as 70 hours at current hourly rate. In the case of payment, normal federal and state deductions will be withheld.
3. Voluntary Termination Provisions: Upon voluntary termination without prejudice, payments of unused Sick Leave in excess of 300 to a limit of 240 hours (336 hours for non-union fire employees working a 56 hour schedule) shall be made to employees in accordance with Section 509.2(A and B). No payment for Sick Leave shall be made to employees whose termination is involuntary or whose resignation is accepted with prejudice.
4. Retirement Provisions: Employees with ten or more years of service, who retire while on the active payroll, shall be paid for unused Sick Leave to a limit of 836 hours at a ratio of 2:1. Non-union fire service employees working a 56 hour schedule shall have a limit of 1170 hours.
5. Death Provisions: The beneficiary of an employee who dies while on active duty with ten or more years of service shall be paid for the deceased employee's unused Sick Leave at the retirement rate.

SICK LEAVE BANK.
Purpose:
On occasion, a City of Las Cruces employee or a member of their immediate family may encounter a catastrophic illness that requires an extended absence from work. The Sick Leave Bank (SLB) is created to provide for donation of sick/annual or personal leave to assist an employee who has exhausted all accrued leave and who has no other paid leave options available. This leave may be granted in the event of a catastrophic illness of the employee or immediate family member.

A catastrophic illness means an illness, injury, impairment, or physical/mental condition which prevents the employee from performing the functions of their job, or a life-threatening illness of an immediate family member; and requires the services of a licensed medical practitioner for a prolonged period of time, and forces the employee to exhaust all leave time earned and be in a leave without pay status.
Policy:
1. The Sick Leave Bank will consist of leave donated by employees. All donations of leave to the SLB are strictly voluntary, but in order for employees to become eligible to receive leave from the SLB, they must donate at least twelve (12) hours of leave, or 16.9 hours for firefighters working 56 hours per week, to the SLB at the beginning of each calendar year, or they shall relinquish their eligibility to withdraw leave from the SLB for that calendar year.
2. Part-time regular employees shall donate/withdraw leave from the SLB on a pro-rated basis.
3. Employees may donate additional leave throughout the year if they choose to do so. Employees may donate annual leave regardless of accrual balance, and sick leave if the sick leave donated is in excess of a 96-hour balance.
4. Leave hours will be donated/withdrawn on a one-to-one hourly basis. Leave donations to the SLB will be converted to a dollar value based on the base rate of pay of the donator and deposited into the SLB. Leave withdrawn from the SLB will be in the form of a dollar value based on the receivers base rate of pay. During the period of receiving donations from the SLB, the employee will not accrue any leave.
5. FMLA qualifying leave will run concurrently with hours provided from the Sick Leave Bank.
6. This policy does not cover time off due to a job-related injury covered by Workers Compensation or maternity leave which does not involve a serious illness/injury of an employee.
7. All leave withdrawn is contingent upon the availability of leave in the Sick Leave Bank. Because the Sick Leave Bank is not funded, City management will work with the departments who have users of the SLB and may need temporary replacements, but do not have adequate budget since they are being charged for the employee using SLB hours.
8. The Human Resources Department will monitor donations and withdrawals and may, from time to time, solicit additional donations from employees during the calendar year. Employees who donate leave during these mid-year efforts will not be eligible to withdraw leave from the SLB for that calendar year unless they previously met the initial eligibility requirements.
9. Excess SLB donations will not carry over from one year to the next. Employees will be permitted to make donations on December 31 of each year for the following year. This will allow employees to use annual leave hours for the donation that they would otherwise have lost due to annual leave accrual maximums.
Procedure:
The Human Resources Department is responsible for tracking and maintaining the Sick Leave Bank and notifying employees of the following Sick Leave Bank requirements. The Human Resources Director shall accept SLB Donation/Request Forms and function as the approving authority.
1. The minimum eligibility qualifications for the Sick Leave Bank are:
2. The confidentiality of the Sick Leave Bank applicants/recipients will be protected. Employees may apply for leave from the Sick Leave Bank by using the SLB Request Form, which can be obtained from the Human Resources Department. The employee will:

BEREAVEMENT LEAVE. Employees may take up to three days paid Bereavement Leave (48 hours (2 shifts) for non-union firefighters working a 56 hour schedule) for a death in the immediate family. For the purpose of this Section, immediate family shall include: Parents, stepparents, spouse, children, stepchildren, siblings, step-siblings, grandparents, legal guardian or domestic partner or eligible dependent.
1. Payment for Bereavement Leave shall be computed at the bereaved employee's regular base rate.
2. Employees shall be granted one day paid Bereavement Leave for a death of their mother-in-law, father-in-law, aunt, uncle, grandparents-in-law, and grandchildren or mother or father of a qualifying domestic partner,
3. One additional Bereavement Leave day shall be allowed if the funeral is being held at a location greater than 300 miles from the City of Las Cruces.
4. If requested by the supervisor, an employee must present reasonable proof of death, relationship, and/or attendance at the service.
MILITARY LEAVE.
It is the policy of the City of Las Cruces to grant military leave of absence as required by state and federal law and to provide certain benefits to employees granted such leave. There are two types of military leave(s).
1. Definitions:
  1. Persons Covered: USERRA covers a person, who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform “ service” in a “uniformed service” and who separate military service under “Honorable” conditions.
  2. Service: The performance of duty on a voluntary or involuntary basis and includes the following:
    - Active duty;
    - Active duty for training;
    - Inactive duty for training;
    - Inactive duty training;
    - Full-time National Guard duty; and
    - Absence to take a fitness examination.
  3. Uniformed Services:
    - The armed forces – Army, Navy, Marine Corp, Air Force, Coast Guard (including their respective reserve branches);
    - The Army and Air National Guard;
    - The commissioned Corps of the Public Health Service; and
    - Any other category designated by the President in time of war or emergency.
2. Military/Reserve Training
  1. Active Duty/Active Duty for Training – for persons who are members, or become members, of the United States Armed Forces Reserve Units, National Guard or Naval Militia, and are on federally funded military duty. During a military service training leave (not to exceed a total of one hundred and sixty (160) hours in any federal fiscal year, unless otherwise approved by the City Manager for extenuating circumstances), employees will continue to receive their regular pay from the City, provided the reservist gives advance notice to the City that they will be absent from their position of employment to perform active duty or active duty training.
    Procedure:
    1. All employees ordered to active duty must present their orders, or other official military documentation validating military leave requirement, to supervision no later than three (3) days after orders were received. Upon receipt of such documentation from the employee, the supervisor will forward a copy to Human Resources for inclusion in the personnel folder and attach a copy to the leave request form for Payroll.
    2. All employees, including, seasonal, temporary or provisional employees and those on probation status, shall be compensated at the base rate for all hours usually worked up to 160 hours of annual active duty or active duty training based on the federal fiscal year of October 1 through September 30.
    3. The City may replace employees ordered to active duty or active duty training with other persons provided the employee is hired with full knowledge and understanding that the veteran returning from active duty has a right to his/her previous position with the City and the replacement worker will be separated.
    4. Military leave is a special paid leave benefit and is not charged against the accumulated annual or sick leave balance, unless additional military duty is needed. Military leave in excess of one hundred and sixty (160) hours per year may be charged to annual, or leave without pay (excused) at the employee’s option.
  2. Inactive Duty Training
    Military reservists and guards persons shall be allowed to attend Inactive Duty Training (IDT), however the City is not obligated to provide compensation for the period of IDT.
3. Military Service Leave for Tour of Duty – Applicable to any employee who enters active duty or is called to active duty.
  
  The City will grant an authorized absence to employees who elect or are required to perform service in uniformed services, to the full extent required by the Uniformed Services Employment and Reemployment Rights Act (USERRA). An individual employee’s service limitation, available benefits, and reemployment rights will be determined in accordance with applicable provisions of this law.
4. Notice Requirements:
  All employees being called to military service must provide the City with advanced notice either written or orally. Unless otherwise impossible or unreasonable, an employee who fails to give notice prior to military service will not be afforded the protections offered by USERRA.
5. Health Insurance:
  The City will provide continuation of existing health care benefits for a period of thirty (30) days to provide transition to military coverage. The veteran is then allowed to elect to continue health insurance during times of service for a maximum period of eighteen months beginning on the date in which the employee’s absence begins; or the day after the date on which the employee fails to apply for or return to employment. An employee electing to continue health plan coverage under USERRA shall be required to pay up to 102% of the full premium paid by the other employees, except that an employee who performs military service for less than thirty-one (31) days may not be required to pay more than the employee’s share for such coverage.
6. Duration of Rights:
  The accumulated length of a person’s absence from employment may not exceed five (5) years. Each time an employee is absent due to military service, the time the employee is absent will be counted against the five-year limit.
  
  Certain categories of service are exempt from the five-year limitation and include:
  - Service required beyond five years to complete an initial period of obligated service;
  - Service from which a person through no fault of the person, is unable to obtain a release within the five-year limit;
  - Required training for reservist and national guard members (the fourteen or fifteen days of full time duty for training each year and the one weekend per month);
  - Service under an involuntary order to, or to be retained on, active duty during a domestic emergency or national security-related situation;
  - Service under an order to, or to remain on, active duty during a war, a national emergency declared by the president or Congress;
  - Active duty in support of an “operational mission” for which selected reservists have been ordered to active duty without their consent;
  - Service by persons who are ordered to active duty in support of a “critical mission or requirement”; and
  - Federal service by members of the National Guard called into action by the President to suppress an insurrection, propel and invasion, or to execute the laws of the United States.
7. Returning to Work: Depending on the duration of the veteran’s military service, USERRA grants windows during which a veteran released from active duty must return to work.
8. Documentation:
  The City has the right to request documentation showing that a veteran is eligible for reemployment if that veteran has been absent for a period of service of thirty-one (31) days or more. The City is entitled to documentation showing the following:
  1. The veteran’s application for reemployment is timely;
  2. The veteran has not exceeded the five-year service limitation; and
  3. The veteran’s separation from service is under honorable conditions.
9. Undue Hardship:
  The City is not required to reemploy a veteran if the City’s circumstances have so changed to make such reemployment impossible or unreasonable. Undue hardship is defined as:
  1. Where reinstatement would require creation of a useless job or where there has been a reduction in workforce that reasonably would have included the veteran.
  2. When the veteran is not qualified for a position due to disability or another bona-fide reason after reasonable efforts have been undertaken to qualify the person.
10. Re-employment:
  A regular full-time employee who has completed his or her initial employment period and who enlists, is drafted, or is called to active duty, and who is granted a military leave shall:
  1. When he/she returns from active service to the City, they will be added to the City ’s health plan on their return date without additional probationary period or delays on pre-existing conditions.
  2. Receive retirement service credit as though continuously employed by the City as per rules and regulation of the Public Employees Retirement Association of New Mexico (PERA).
  3. Be credited with continues accumulation of seniority for up to four years while on active duty.
  4. Be reinstated to the same job or one of similar seniority, status and pay (even if that means bumping or otherwise removing the employee’s replacement). If the employee has; a) received an honorable discharge or satisfactory completion certificate; b) sought reemployment with the City within thirty-one days of discharge if the employee ’s tour of duty was less than twelve weeks or within ninety days if the tour of duty was longer than twelve weeks.
  5. Be placed in a position of similar status, pay, and seniority for which the returning employee is qualified if he/she is no longer qualified for the position held prior to active duty because of a disability sustained while in the military unless the City ’s circumstances have so changed as to make it impossible or unreasonable to do so.

JURY DUTY OR COURT LEAVE.
1. Jury Duty with regular pay is authorized only when the employee is required to involuntarily serve as a juror.
  1. Jury Duty payment will be authorized only when the employee serves on a day which would have been a regularly scheduled workday. Payment shall not be authorized when employees serve on Jury Duty while on the inactive payroll, Annual Leave, or on days when he/she was not scheduled to work.
  2. If excused by the court during a regular workday, employees are expected to return to work if serving within the City.
  3. Upon returning from Jury Duty, the employee must present an attendance record, validated by the Court Clerk, to supervision. A copy of the summons, subpoena, or court order and the attendance record must accompany the employee's time sheet to the Payroll Department.
  4. Any fees and allowances paid to an employee by the court (except reimbursement for travel and actual out-of-pocket expenses) may be retained only if the employee is on Leave without Pay or Annual Leave status. Otherwise, all fees received from the court (except for travel or out-of-pocket expenses) shall be remitted to the Finance Director.
2. Court Leave with regular pay is authorized when an employee is required to testify on behalf of the City government in a matter that came about as a result of his/her employment. This benefit is not authorized in matters in which the employee is a private litigant.

FAMILY AND MEDICAL LEAVE.
1. Policy: The City of Las Cruces will provide up to 12 weeks of job-protected leave to eligible employees for family and medical reasons consistent with the Family and Medical Leave Act (FMLA), relevant State law, and collective bargaining agreements and plans.
2. Definitions:
  1. Rolling Calendar Year: The 12-month period is measured forward from the date any employee’s first FMLA leave begins.
  2. Employee is Needed to Care for a Family Member: When the employee is needed to provide physical or psychological care which includes situations where:
    1. Because of a serious health condition, the family member is unable to care for his or her own basic medical, hygienic, nutritional or safety needs; or is unable to transport himself or herself to the doctor.
    2. The employee is needed to provide psychological comfort and reassurance that would be beneficial to a child, spouse or parent with a serious health condition who is receiving inpatient or home care.
    3. The employee may be needed to fill in for others who are caring for the family member, or to make arrangements for changes in care, such as transfer to a nursing home.
  3. Health Care Provider:
    1. A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the State in which the doctor practices.
    2. Others capable of providing health care services including only:
      1. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by x-ray to exist) authorized to practice in the State.
      2. Nurse practitioners and nurse-midwives who are authorized to practice under State law.
      3. Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts.
      4. Clinical Social Worker.
      5. Any health care provider from whom an employer or the employer’ s group health plan’s benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits, including a foreign physician.
  4. Incable of Self-Care: Incapable of self-care means that the individual requires active assistance or supervision to provide daily self-care in three or more of the activities of daily living (ADLs) or instrumental activities of daily living (ADLs).
  5. Loco Parentis: Persons who are in loco parentis include those with day-to-day responsibilities to care for and financially support a child, or in the case of an employee, who had such responsibility for the employee when the employee was a child. A biological or legal relationship is not necessary.
  6. Parents: A biological parent or an individual who stands or stood in loco parentis to an employee when the employee was a child. This term does not include parent in law.
  7. Physical or Mental Disability: A physical or mental impairment that substantially limits one or more of the major life activities of an individual.
  8. Serious Health Condition: For purposes of the FMLA, serious health condition means an illness, injury, impairment, or physical or mental condition that involves:
    1. Inpatient care, i.e., an overnight stay in a hospital, hospice, or residential care facility, including any period of incapacity or any subsequent treatment in connection with such inpatient care; or
    2. Continuing treatment by a health care provider that involves:
      1. A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment therefore, or recovery therefrom) of more than three consecutive calendar days; and
      2. Any subsequent treatment or period of incapacity relating to the same condition, that also involves:
      3. Treatment two or more times by a health care provider, by a nurse or physician’s assistant under direct supervision of a health care provider, or by a provider of health care services (e.g. physical therapist) under order or, on referral by, a health care provider; or
      4. One treatment session by a physician which results in a regimen of continuing treatment by a health care provider, or at least under the supervision of the health care provider; or
    3. Pregnancy. Any period of incapacity due to pregnancy, or for prenatal care. This absence qualifies for FMLA leave even though the employee does not receive treatment from a health care provider during the absence, and even if the absence does not last more than three days; or
    4. Chronic serious health condition. Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. This absence qualifies for FMLA leave even though the employee or immediate family member does not receive treatment from a health care provider during the absence, and even if the absence does not last more than three days.
    5. Chronic serious health condition is defined as one which:
      1. Requires periodic visits for treatment by a health care provider, or by a nurse or physician’s assistant under direct supervision of a health care provider; and
      2. Continues over an extended period of time; and
      3. May cause episodic rather than a continuing period of incapacity (e.g. asthma, diabetes, epilepsy, etc.) or
    6. Permanent or long term condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider (e.g. Alzheimer’s, severe stroke, or at the terminal stages of a disease); or
    7. Multiple treatments by a health care provider or a provider of health care services under order of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention such as cancer (radiation, chemotherapy, etc.), severe arthritis (physical therapy), or kidney disease (dialysis).
  9. Son or Daughter: A biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18, or age 18 or older and incapable of self-care because of a mental or physical disability.
  10. Spouse: A spouse means a husband or wife as defined or recognized under state law for purposes of marriage in the state where the employee resides, including common law marriage in states where it is recognized.
  11. Domestic Partner: Two individuals who are in a mutually exclusive, committed relationship for the last twelve (12) months, who share a primary residence, who are jointly responsible for the common welfare of each other, who share financial obligations and have executed an affidavit of domestic partnership with the Human Resources Department and granted domestic partnership status.
  12. Unable to Perform the Functions of the Position of the Employee: Where the health care provider finds that the employee is unable to work at all or is unable to perform any of the essential functions of the employee’s position within the meaning of the Americans with Disabilities Act.
3. Eligibility, Qualifying Reasons for Leave
  1. Employee Eligibility:
    1. The employee must have worked for the City of Las Cruces for at least one year; and
    2. The employee must have worked at least 1,250 hours during the 12 months immediately preceding the request. The Fair Labor Standards Act requires employers to count hours of work only, not paid hours such as vacation, holidays, sick pay, unpaid leave of any kind, or period of layoff.
  2. Reasons for Taking a Qualifying Leave:
    1. For the birth of the employee’s child, and to care for such child.
    2. For the placement of a child for adoption or foster care.
      Circumstances may require that leave for the birth of a child, or for placement for adoption or foster care, be taken prior to the actual birth or placement.
    3. To care for the employee’s seriously ill spouse, son or daughter, or parent or the qualifying domestic partner.
    4. Because of a serious health condition that makes the employee unable to perform one or more of the essential functions of an employee’s job.
4. Types of Leave
  Based on a “rolling 12 calendar year”, the City of Las Cruces will provide up to 12 weeks of job-protected leave to eligible employees.
  1. Full 12-Week Leave. This leave is taken in one block of 12 weeks due to a single qualifying event.
  2. Intermittent Leave. This is leave taken in separate blocks of time due to a single qualifying reason. Leave may be taken for an hour or more to several weeks.
  3. Reduced Leave Schedule. This is a leave schedule that reduces an employee’s usual number of working hours per workweek, or hours per workday.
    Leave may be taken intermittently or on a reduced leave schedule when medically necessary for planned and/or unanticipated medical treatment of a related serious health condition by or under the supervision of a health care provider, or for recovery from treatment or recovery from a serious health condition. It may also be taken to provide care or psychological comfort to an immediate family member with a serious health condition.
5. Transfer of Employee to an Alternative Position
  If an employee needs intermittent leave or leave on a reduced leave schedule, the City of Las Cruces may require the employee to transfer temporarily, to an available alternative position for which the employee is qualified and which better accommodates recurring period of leave than does the employee’s regular position.
6. Substitution of Paid Leave for FMLA Leave
  The City of Las Cruces requires an employee to substitute paid leave for FMLA leave. Therefore, FMLA leave runs concurrently with any accrued paid leave such as annual leave or sick leave and with workers’ compensation at a rate not less than 40 hours per pay period. Employees are not required to use any accrued sick leave when the FMLA qualifying event is for the serious health condition of a family member, or for paternity leave. Once accrued paid leave is exhausted, the employee, whether exempt of non-exempt, shall be placed on Leave Without Pay. An exempt employee who has exhausted accrued paid leave who is taking intermittent FMLA leave shall be paid a proportionate part of the full salary for time actually worked.
7. Medical Certification
  1. Where FMLA qualifying leave is foreseeable and 30 days notice has been provided, an employee must provide a medical certification before leave begins.
  2. Where FMLA qualifying leave is not foreseeable, an employee must provide notice to the employer of the need for leave as soon as practicable (1 or 2 working days is expected except in extraordinary circumstances). The employee must then provide medical certification within 15 working days.
  3. The City of Las Cruces may require medical certification to support a FMLA qualifying leave request either to care for an employee’s seriously ill family member, or for leave due to a serious health condition that makes the employee unable to perform the functions of his or her job.
  4. Employees returning from FMLA leave for a qualifying event related to personal illness or injury must provide a medical release to return to work to the Human Resources Director.
  5. Employees qualifying for FMLA leave are required to provide medical updates to the Human Resources Director every 30 working days.
8. Designating Leave
  1. The City of Las Cruces may make a preliminary designation of leave as FMLA qualifying if medical certification was not provided prior to the beginning of leave, or if the City is waiting for a second or third medical opinion.
  2. Where the City of Las Cruces has knowledge that an employee’s leave qualifies as FMLA leave and does not designate the leave as such, the City may not designate leave retroactively as FMLA leave unless:
    1. The employee has been out of work and the employer does not learn of the reason for the leave until after the employee returns (in which case the City must designate the leave upon the employee’s return to work); or
    2. The City has provisionally designated leave as FMLA leave and awaits receipt of a medical certification or other reasonable documentation.
  3. If the employee gives notice of the reason of the leave later than two days after returning to work, the employee is not entitled to the protections of the FMLA.
9. Job Benefits and Protection
  1. During an FMLA qualifying leave, the employee and dependent health and dental insurance is maintained on the same basis as coverage would have been provided if the employee had been continuously employed during the entire leave period.
  2. An eligible employee returning from a FMLA qualifying leave is entitled to be restored to the same position and shift that the employee held when the FMLA qualifying leave began, or to an equivalent position and shift with equivalent benefits, pay and other terms and conditions of employment.
  3. Provided the employee returns to work immediately following his/her FMLA qualifying leave benefits must be resumed upon the employee’s return to work at the same level as were provided when leave began. Any new or additional coverage or changes in health benefits must be made available to an employee while on FMLA qualifying leave.
10. Procedures and Responsibilities
  1. Employee Requests
    Employees must request FMLA leave 30 days in advance or as soon a practicable by completing the FMLA Leave Request Form and submitting it to their immediate supervisor. The form is then routed to the Human Resources Department. If the employee is unable to complete the form, due to circumstances relating to a serious health condition, the form may be initiated by supervisory staff.
    The employee must ensure that the Certification of Physician or Practitioner is completed immediately and submitted to the Human Resources Department.
  2. Employer Initiation
    The supervisor will notify Human Resources when an employee has been absent 3 consecutive calendar days (2 shifts for fire personnel working 53 or 56 hour shifts), at which time the Human Resources Department will make a preliminary designation of leave as FMLA qualifying if medical certification was not provided prior to the beginning of leave.
  3. In either an employee initiated or employer designated FMLA leave, the Human Resources Department shall provide the employee with the following:
    1. Notice describing the employee’s obligations and explaining the consequence of a failure to meet the obligations.
    2. Notice that the leave will be counted against the employee’s twelve weeks of FMLA leave.
    3. Medical certification requirements.
    4. Employee’s right to use paid leave and the employer’s requirement of substitution of paid leave.
    5. Requirements concerning payment of health insurance premiums.
    6. The employee’s potential liability for payment of health insurance premiums paid by the employer during FMLA leave if the employee fails to return to work for at least thirty (30) calendar days after taking the leave.
    7. Requirements of a fitness-for-duty certificate for the employee to be restored to employment.
    8. The employee’s rights to restoration to the same or an equivalent job upon return from FMLA leave.
11. Appeal Process
  If an employee believes that his/her rights under the FMLA have been violated, he/she may:
  1. Internal
    1. Contact the Human Resources Department
  2. External
    1. File or have another person file on his/her behalf, a complaint with the Secretary of Labor. The complaint may be filed in person, by mail or by telephone, with the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor. The complaint may be filed at any local office of the Wage and Hour Division; the address may be found in the telephone directory.
    2. A complaint filed with the Secretary of Labor should be filed within a reasonable time after the employee discovers that his/her FMLA rights may have been violated, but in no event more than two (2) years from the date the alleged violation occurred, or within three (3) years in the case of an alleged willful violation.
    3. File a private lawsuit pursuant to Section 107 of the FMLA.

LEAVE WITHOUT PAY STATUS. This classification, hereinafter referred to as LWOP, may be awarded voluntarily or involuntarily for a variety of reasons. While an employee is on LWOP status, they are on the inactive payroll and all employer benefit contributions are suspended. Note: the FMLA provides for a continuation of benefit payments for qualifying events.
1. Involuntary LWOP. Employees are usually assigned to this status for disciplinary reasons as a result of employee misconduct. In those cases, LWOP status assumes the form of suspension from duty without pay for a specific period of time. In other special cases, involuntary LWOP may result from administrative action in order to accommodate an employee who has exhausted all other types of Leave with Pay. In every case, involuntary LWOP status is initiated by management and approved by the City Manager.
2. Voluntary LWOP. This type of leave may be requested by employees for a variety of reasons not covered under the Family and Medical Leave Act. Approval of LWOP is discretionary on a case-by-case basis. Each request will be considered in terms of work load, staffing levels, business necessity, availability of personnel, timeliness, reason for leave and other job-related factors.
3. Reinstatement from LWOP Status. Reinstatement will be made only if a vacant position exists for which the employee who was on LWOP qualifies. The City Manager shall make the final determination concerning reinstatement based on suitability, budgetary constraints, staffing levels, and other related factors.
4. Continuation of Certain Benefits During LWOP Status. The immediate supervisor is charged with the responsibility to make sure that employees placed on LWOP status receive information on what happens to their benefits during that period. The employee may continue as a member of the Employee Health Care Plan in accordance with the provisions of the applicable insurance contract by paying the COBRA rate both his/her share and the City’ s share.

WORKERS’ COMPENSATION PAY STATUS.
When an employee is receiving Workers’ Compensation benefits as a result of on-the-job illness or injury, the employee may continue as a participant in the City's group insurance by continuing to pay the employee’s portion of the premium. The employee in this status shall be designated for payroll purposes as being on Leave Without Pay. Employees on LWOP due to a Workers’ Compensation Injury will accrue Annual Leave, time in grade and longevity credits only. However, the accruals will not be posted until such time that the employee returns to the active payroll.

HOLIDAYS.
1. Regular full-time, regular part-time, and probationary employees regularly scheduled to work, or working non-traditional shifts, will receive up to eight (8) hours of prorated holiday pay for eleven (11) regularly scheduled holidays as determined by the City Council.
2. Personnel required to work on a holiday shall be compensated in accordance with Section 518 of this Manual of Personnel Policies.

HOLIDAY PAY PROCEDURE.
1. If a paid holiday occurs while an employee is away on annual leave, the employee’s supervisor will account for that day as a holiday on the employee's time sheet. Annual Leave may be combined with a holiday to the advantage of an employee, so long as prior approval by the supervisor is given.
2. If a holiday occurs on a day when an employee is not at work due to illness, that day should not be deducted from the employee's sick leave accrual, but will be charged as a holiday.
3. If an employee is sick the day before or the day after a paid holiday, a physician's written release to return to work may be required. An illness which occurs the day before or the day after a paid holiday may be investigated.
4. A non-exempt employee required to be on duty during a paid holiday shall be awarded another paid day away from work during the pay period.
5. If another day off with pay within the pay period is not possible, the non-exempt employee shall receive up to eight (8) hours of prorated holiday pay (computed at the hourly rate), plus one and one half (1-1/2) times their hourly rate for all time worked on that holiday.
6. Employees must be on paid status the day before and after the holiday to be eligible for holiday pay.
PAYMENT PROVISIONS FOR NON-UNION FIRE DEPARTMENT PERSONNEL.
1. All 40 hour non-union fire service employees, whether on duty or not, shall be eligible to receive 8 hours holiday pay.

GOVERNMENTAL/PROFESSIONAL LEAVE.
Employees, who are members of governmental or professional organizations related to their City employment, are eligible to attend meetings during working hours and charge such leave as time worked when such meetings are held in Las Cruces. If such meetings are conducted outside the Las Cruces area, employees shall follow the City’s Travel Policy.
Participation is contingent upon supervisor approval and shall not interfere with the proper execution of employees work related duties.

VOTING LEAVE.
All City employees who are registered to vote in primary, general and municipal elections will be allowed up to two hours off from work to vote, when applicable. Employees requesting time off to vote must be registered voters, living within the eligible voting area, and must coordinate absence from their duties during working hours with their supervisor, so as not to adversely impact City operations.

SEARCH AND RESCUE LEAVE
Employees who participate on Search and Rescue Teams recognized by the New Mexico State Police will be granted leave with pay for the time the employee is engaged in the State Police Certified search and rescue mission.

Before the employee will be granted any paid leave time for participation in a search and rescue mission, s/he must obtain written permission from the City Manager. A copy of the memo granting the leave will be placed in the employee’s personnel folder and a copy sent to the Payroll Section.

Regular, full-time employee will be granted leave as follows:
1. If a mission is during work hours, the employee will be granted leave with pay for the time spent on the mission, including travel time to and from the location of the search.
2. If the mission is longer than four (4) hours and is at night prior to a work day, the employee will be granted eight (8) hours of paid leave to compensate for loss of sleep.
Employee participating in search and rescue missions shall assure that their immediate supervisor is informed of the mission and the absence from the workforce. Such notification shall be given no later than one hour after that employee is scheduled to arrive at the work site. Should notification not be received, the employee will not be granted the leave.

Employees participating in search and rescue missions must furnish a written statement, signed and dated by the mission coordinator and/or State Police mission initiator, and include the actual hours and date of the mission. The justification will be signed by the supervisor and attached to the time sheet for the pay period during which the leave is authorized.

EXTENDED LEAVE.
Extended leave for up to a maximum of an additional 12 weeks beyond approved FMLA leave will be provided for eligible employees. Extended leave provisions are intended to provide “ eligible” full-time regular and part-time regular employees who have a serious health condition that requires on-going medical care by a health care professional in excess of the FMLA period and are unable to return to work, a period of extended leave.
1. Definitions:
  1. “Serious Health Condition:” An illness, injury, impairment, physical or mental condition that involves:
    1. Periodic visits for treatment by a health care provider, or by a nurse or physician’s assistant under direct supervision of a health care provider.
    2. The health care provider has found the employee is unable to work at all, or is unable to perform any of the essential functions of the employee’ s position with or without reasonable accommodation.
  2. “Eligible:” Full-time regular and part-time regular employees who have completed their FMLA entitlement and have complied with the reporting requirements of the FMLA as outlined in the FMLA Notification Letter and policy.
  3. “Extended Leave:” A maximum of an additional 12 weeks of leave. The extended leave period does not protect the employee’s position.
  4. Type of Leave:” Leave taken in one block of time due to the serious health condition.
2. Procedure:
  1. At the end of the FMLA entitlement period, Human Resources will notify the employee in writing that:
    1. Their job protected leave is over;
    2. They are being placed on Leave Without Pay status if they have no accrued leave balance; or Leave With Pay status for the balance of their accrued leave, not to exceed 12 weeks.
    3. They are required to continue to provide 30-day medical updates to the Human Resources Director and a fitness-for-duty certification prior to returning to work in the future.
  2. If operational needs require the position to be filled, the employee will be separated from employment without prejudice. In this situation, if the employee is able to return to work within the 12 weeks of extended leave the Human Resources Department will review vacant positions for which the employee is qualified.
  3. If a vacant position is identified, the employee will be reassigned to that position at the pay scale for that position at their same percentile rank or the maximum of the new pay grade, whichever is lower for unrepresented employees and to the pay scale for the position at the average wages of all employees within that position with a similar length of service with the City for represented employees. The employee being reassigned shall complete any tests required of an applicant for that position to demonstrate qualifications prior to being reassigned.