The purpose of the handbook is to define the role of the Professional Employees at Eastern New Mexico University. It provides a definition of Professional Employees and their functions, rights, responsibilities, benefits, and those processes of selection, retention, and advancement which are particular to Professional Employees.

Professional Employee Rights

It is the policy of Eastern New Mexico University to provide personnel with access to individual files except for the letters of reference and letters or memoranda which are matters of opinion. Because of the exceptions to the policy of general access, it is necessary to withdraw from the files to which the public has the right to access those materials which are identified as exceptions. The personnel files identified as public records under Section 71-5-1 New Mexico Statutes Annotated are maintained in the office of the Director of Personnel.

Function and Responsibility

The function and responsibility of the professional employee shall be to perform duties as described in the job description and to have the opportunity for involvement in policy formulation.

Function and Responsibility

The function and responsibility of the professional employee shall be to perform duties as described in the job description and to have the opportunity for involvement in policy formulation.

Procedures for Amendment of the Professional Employees' Handbook

Amendments may be proposed by the Professional Personnel Policies and Handbook Committee, or by an individual professional employee. Four members of the Committee are elected by the constituency. You must be employed at ENMU for a minimum of one year as a professional employee to be eligible for service on the Handbook Committee. All proposed amendments shall be presented to the Professional Employees' Senate, which shall recommend the amendments by a majority vote. Such recommended amendments shall be presented to the regular professional employees in a referendum. Such amendments, upon approval by a majority vote, shall be presented through governance procedures to the President. The President shall submit proposed amendments to the Board of Regents with the President's recommendations for their consideration.

Amendments may also be initiated by the President in consultation with the Professional Employees Senate or by directive of the Board of Regents. Any amendments approved by the Regents will become effective on the day they are approved by the Regents with the exception of changes in benefit accrual rates which will become effective for the next contract year.

Employee Classifications

Employee Designation

The term "staff" refers to any employee who is in a position other than teaching and who does not have faculty rank.

Professional Staff

The term "professional staff" refers to personnel holding positions classified as exempt under the Fair Labor Standards Act as amended. These include such positions as directors, managers, supervisors, engineers, accountants, systems analysts, and counselors. Professional staff employees are on the bi-weekly payroll.

Regular Full-Time: An employee hired for an indefinite time, scheduled to work 40 hours or more per week over a minimum period of nine (9) months per year.

Regular Part-Time: An employee hired for an indefinite time, scheduled to work less than 40 hours per week over a minimum of nine (9) months per year.

Temporary and Occasional Employees

Temporary Full-Time: An employee hired for a workweek of 40 hours or more for a limited period of time with a designated ending date. Normally, the limited period of time does not exceed nine (9) months. Exceptions must be approved by the appropriate supervisor and the Director of Personnel.

Temporary Part-Time: An employee hired for a workweek of less than 40 hours for a limited period of time with a designated ending date. Normally, the limited period of time does not exceed nine (9) months. Exceptions must be approved by the concerned Dean or Director and the Director of Personnel.

Occasional: An employee hired, full-time or part-time, for a period not to exceed ninety (90) days.

Multiple Positions

An employee working two (2) regular part-time positions, totaling 40 hours or more per week, will be considered a regular full-time employee. If the total hours regularly worked are less than 40, the employee will be considered regular part-time.

An employee working two (2) temporary part-time positions, totaling 40 hours or more per week, will be considered a temporary full-time employee. If the total hours regularly worked are less than 40, the employee will be considered temporary part-time.

An employee working a regular part-time position and a temporary part-time position will be considered a regular part-time employee.

Employment Policies and Practices

Code of Conduct

General Policy

Pursuant to the New Mexico Statutes Annotated 1978, Section 10-16-11, the undersigned authority promulgates the following Code of Conduct for all personnel of the University.

Business Ethics

Employees of the University shall maintain the highest standards of professional ethics in transactions with the University and the public.

Outside Activities

Employees of the University are expected to perform their duties faithfully and efficiently and never to give rise to suspicion of improper conflict with interests of the University or any agency of the state government.

Gratuities

Employees of the University shall not accept any favor or gratuity from any person, firm or corporation which is engaged in or attempting to engage in business transactions with the University or any agency of the state or local government which might affect the employee's judgment in the impartial performance of duties.

Conflict of Interest General Policy

Guidelines

The statute, Chapter 10, Article 16, New Mexico Statutes Annotated 1978 as amended, should be examined for complete details. The following summary is offered for your guidance:

Accepting gifts or loans from persons with whom the employee has had official duties within the last (2) years;
Participating in any official act affecting a business in which the employee has an official interest or acquiring a financial interest in said business;
Using confidential information acquired from state employment for personal profit;
Certain types of contracts between state agencies and present or former employees or with members of the legislature.

In addition, the statute requires the disclosure of financial interest in any transaction with a state agency to be filed with the Secretary of State of the State of New Mexico in January of each year during employment.

Employee Information Disclosure Policy

General Policy

The University recognizes that as a public institution, it has an obligation to the citizens of the State to disclose on request the salary paid to any employee of the institution.

In addition, the University recognizes its obligation to its employees not to disclose personal and private information maintained in personnel files.

In order to satisfy both of the above obligations, the University has adopted the following disclosure policy:

The name, job title, and salary of each University employee is on file in the Office of Information Services for public inspection.
All other employee personnel information is private and will not be generally disclosed (except as required by federal and state regulations).
General personnel information not involving individual employees (average rates paid employees in a particular position, salary grade or grades for a position or positions, percent of minority employees in a specific position or positions, etc.) may be disclosed by proper University officials. For example, to a University association such as the College and University Personnel Association conducting a confidential salary survey, to another university or other employers for comparison purposes, or to employees as in the publication of a classification manual. This information is not necessarily considered to be "public"; however, information generally available to University employees, such as a published classification manual or employee handbook will be on file in the Information Services Office for public inspection where appropriate.
Salaries and other employee information requested by lending organizations will be given if authorized in writing by the employee. Requests for such information made directly to any department should be forwarded to Personnel Services for reply.
Requests by credit companies, retail establishments, or other organizations for salary and employment verification will be honored by Personnel Services.
Employees may have access to all non-privileged information in their own personnel file in accordance with Chapter 14-2-1, New Mexico Statutes Annotated 1978.
All employee information must be kept in a master file in Personnel Services.
Personnel Action Notices, payroll data, performance evaluations, and other normal employment data (including disciplinary actions) initiated by the University, shall not be considered privileged and shall be made available to the employee.
All recommendations and information obtained in the process of evaluating employees for initial employment at ENMU, or for promotion or transfer within ENMU, shall be privileged.
All job performance evaluations will be disclosed by the supervisor to the employee.

Employment of Relatives

Relatives are defined as members of a person's immediate family and include parents, spouse, children, brothers and sisters.

A department is defined as an organization reporting to a Supervisor, Manager, Dean, Director or Executive Director.

Employment of relatives is acceptable with the limitations specified below:

No supervisor may employ a member of his/her immediate family. Nor may any supervisor employ a member of the immediate family of any of his/her line supervisors without the advance approval of the President.
Relatives, regardless of employment rank or classification, may be employed in a separate department, but no relative can be employed in the same department where one of the relatives holds supervisory rank or has hiring authority.
Relatives not holding supervisory rank or having hiring authority may be employed in the same department.
If there is a change in the family relationship which would violate the above policies, the situation must be corrected by the supervisor within six (6) months by the transfer, resignation, or discharge of one or more of the employees so related.
Employees cannot participate in institutional decisions which involve a direct benefit (initial appointment, retention, promotion, salary, leave of absence, etc.) to members of their immediate family.

Probationary Period

All professional employees hired into a regular position are on a probationary basis for the first twelve (12) calendar months.

An employee may be terminated during the probationary period in accordance with Termination of Employment Policy. When practical, an employee may be considered for another position which the employee can perform satisfactorily.

Employees promoted or transferred to a different position after completion of their probationary period shall serve a new probationary period of up to twelve (12) months to demonstrate their ability to perform the new job satisfactorily.

Promotion and Transfer

General Policy

Whenever practical, all new positions and job vacancies are filled from within the University by promotion or transfer of qualified and interested persons (of any classification).

Qualifications for Promotion or Transfer

All promotions or transfers are based on training, experience, and past performance without regard to race, color, creed, national origin, religion, age, sex, or disability.

Eligibility

All regular employees are eligible under this policy.

Promotion or transfer during the employee's probationary period is discouraged. Any employee who is promoted or transferred during that period will be required to serve a probationary period in the new position.

Grievance and Complaint Procedure

Definition

A grievance shall mean a complaint regarding a work-related problem or condition by an employee that there has been a violation, misinterpretation or inequitable application of ENMU policies and practices.

Grievances

Legitimate problems, differences of opinion, complaints, and grievances may exist between the University as an employer and its employees. It is the responsibility of all supervisors, administrators, faculty, and professional employees to establish and maintain a work climate within which an employee problem or complaint may be promptly identified, presented, discussed, and given fair and timely consideration.

Each person involved has an obligation to make every effort to resolve employment relation problems as they develop. If this effort fails, an appeal may be taken to higher authority, including the Appeals Committee, pursuant to policy and rules issued by the President of the University. (See Appeals Committee Procedures.)

Each professional employee shall have the right to make known the problem or complaint without fear of coercion or reprisal. The right of an employee to representation in the employee's complaint or appeal is also recognized.

All matters concerning work related problems and interpretation or application of University rules and procedures may be the source of a grievance. However, no decision may be made at any step of the grievance procedure which conflicts with or modifies a policy approved by the Board of Regents of Eastern New Mexico University or with any applicable statute.

Grievance Process

Step One
The aggrieved professional employee shall present the grievance orally to the employee's immediate supervisor, or to the next level of administration for the purpose of informal discussion. The area executive administrator must hear and attempt to resolve the grievance before the appeals process is initiated. Written verification of date(s) and time(s) of initial meeting(s) must be signed by all parties present. A maximum of three (3) working days is allowed for a decision at each aforementioned level of grievance. If the grievance is unresolved, at the area executive administrator level, the professional employee may appeal to Step Two. The appeal to Step Two must be in writing and must be filed within ten (10) working days after the informal discussion.

Step Two
The grievance appeal shall be presented in writing to the Chairperson of the Appeals Committee. The grievance must contain a statement of the grievance, the facts upon which it is based, the ENMU policy allegedly violated, and the remedy being sought by the grieving employee. Within (10) working days after the receipt of the written grievance, the Appeals Committee Chairperson shall convene a hearing for the aggrieved employee. The Chairperson shall render a written recommendation for the Appeals Committee within five (5) working days after the conclusion of the hearing to all parties involved and appropriate administrative offices.

Any parties to the grievance dissatisfied with the recommendation of the appeals committee may appeal to the President of the University.

Those professional employees who report directly to the President should:

Seek to resolve the grievance with the President;

If unresolved, they may appeal to the Board of Regents.

Appeals Committee Procedures

(These procedures do not apply to probationary employees or to employees that serve at the pleasure of the President.)

General Appeal Procedure

The appeal will be heard by the Appeals Committee.

The committee shall consist of five professional employees and two alternates who shall be elected before June 30 to serve during the following fiscal year as an appeals board in all cases of removal and/or grievance of a professional employee.

The committee shall be elected from the professional employees at large in an election conducted by the Professional Employees Senate. You must be employed at ENMU for a minimum of one year as a Professional Employee to be eligible for service on the Appeals Committee.

The grievance appeal shall be presented in writing to the Chairperson of the Appeals Committee. Within ten (10) working days after the receipt of the written grievance, the Appeals Committee Chairperson shall convene a hearing for the aggrieved employee. The Chairperson shall render a written recommendation for the Appeals Committee within five (5) working days after the conclusion of the hearing. The Chairperson will forward the recommendation of the Appeals Committee to the President and to the parties involved. The President will review the recommendation of the Appeals Committee and make the final decision within 21 working days.

Rights of Parties Involved in the Appeal Procedure

The party may bring an advisor for consultation purposes only.

The party may present evidence and testimony of witnesses and may question all witnesses.

The party may examine all documents to be presented to the committee.

The person filing the appeal may request either an open or closed hearing. Both parties must agree before a hearing will be an open hearing.

The Appeals Committee Chairperson may accept a spokesperson for either party if physical conditions preclude them from speaking for themselves.

The hearing before the Appeals Committee shall be recorded and the documents presented shall be preserved as part of the record of the hearing.

The recommendation of the Appeals Committee shall be based upon the record presented at the hearing.

The decision of the President will be based upon the same record and upon the recommendation of the Appeals Committee unless the President receives relevant information subsequent to the recommendation of the Appeals Committee. Such information may be taken into consideration if the affected parties have an opportunity to respond to the information submitted.

Rehire and Reinstatement

Definitions

Rehire:

The re-employment of any former employee of the University who terminated for reasons other than layoffs of less than one year.

Reinstatement

The placing back on roll, within one (1) year, of any employee who has been temporarily off roll due to termination because of layoff.

Benefits Treatment

Rehires

All rehires will be considered new employees for purposes of computing accrual rates for vacation, medical leave, and other benefits, including seniority.

Reinstatement:

While medical leave credits do not accumulate during layoff, accumulated medical leave is-held for one year and credited to an employee's account upon reinstatement, if such reinstatement is within the one-year period.

An employee recalled from layoff within one year will be given credit for prior service in computing accrual rates for vacation, medical leave and other benefits.

Rehire or Reinstatement Policy

Subject to the provision below, no employee who has terminated employment at the University may be rehired or reinstated for the same or similar job at a higher rate of pay than the employee would normally have earned through continuous employment at the University.

Employees who have terminated may be rehired at higher rated jobs and higher rates of pay if they have increased their qualifications through education, experience, etc., during their period of termination, but they are considered for the position along with other applicants.

Seniority

Definition

Seniority is defined as the duration of the employee's continuous employment at the University.

General Policy

A seniority policy is established to determine priorities in promotions and transfers, when ability, skill, training and other relevant qualifications are equal as determined by the University.

Eligibility

This policy applies to all regular full-time employees and to regular part-time employees who work at least half-time.

Temporary employees or regular part-time employees who work less than half-time, do not accumulate seniority.

Seniority Computation

Seniority is computed from the first day of employment but no employee is entitled to exercise any seniority rights until (s)he has completed the six (6) month probationary period.

Special Provisions Regarding Seniority

If a temporary employee becomes a regular employee with no break in service, seniority accumulation is adjusted to begin with the date of temporary employment.

If a student employee or an occasional employee becomes regular, seniority accumulation begins on the date of regular employment.

An employee on an approved leave of absence does not lose accumulated seniority but does not accumulate additional seniority during the leave of absence unless such leave is for professional development.

In case of layoff, seniority shall be based on length of service in employee's present department.

An employee who has been laid off for lack of work, and reinstated within one (1) year, retains accumulated seniority to the date of layoff.

Termination of Employment

Types of Termination

Each termination must be categorized as falling within one of the following seven (7) official types of termination.

Resignation: Employee's request. In the event an employee decides to resign, a written resignation shall be submitted to the employer as soon as possible and no less than two (2) weeks prior to the effective date of proposed separation.

Employee walks off job. Is absent for two (2) consecutive work days without permission except when an emergency situation precludes giving notice. Work days are considered consecutive even when broken by normal non-working days such as holidays or weekends.

Failure to return to work within the prescribed time limits following a Leave of Absence for Extended Illness, Injury, or Personal Reasons.

Released: Terminated at the end of temporary employment.

Relieved: Terminated during the twelve (12) month probationary period. Probationary employees may be terminated any time prior to completion of the probationary period without cause or recourse upon a minimum of one months advance notice, in writing.

Layoff:Terminated because of reduction in force due to lack of funds, work, or other compelling reasons.

Every effort is made to place an employee in good standing in another position within the University prior to layoff.

The order of layoff shall be based on performance, ability, training, seniority and other qualifications as determined by the University. When performance, ability, etc., are equal, seniority, shall be the determining factor. Recall shall be in reverse order.

Probationary, temporary, and occasional employees are normally laid off before regular employees in the same classification and department.

See Rehire and Reinstatement, for benefits treatment upon reinstatement.

Discharge: Terminated after corrective discipline has failed or the seriousness of the misconduct or situation so warrants. (See University's Right to Manage, Discipline and Discharge).

Retired: Terminated under the New Mexico Educational Retirement Act and/or University's right to manage.

Deceased

Notice of Termination

All layoff and/or dismissal cases should have prior consultation with Personnel Services. Whenever such consultation is not practical because of urgency or other pressing reasons, necessary action may be taken and the case reviewed with Personnel Services as soon as practical.

Temporary employees must be given at least two weeks notice of termination.

When giving notice is not practical, pay in lieu of notice may be given at straight time rate. Pay in lieu of notice will not be granted if in the judgment of the University it is determined that immediate dismissal for serious misconduct is warranted.

Probationary employees must be given at least one (1) month notice of termination.

The following procedures do not apply to any employee who serves at the pleasure of the President.

Probation

Each professional employee shall be in a probationary status during the first year of University employment. The professional employee may be dismissed without cause or recourse during the probationary period upon a minimum of one month's advance notice, in writing.

Adequate Notice of Termination

Professional employees with at least one (1) and not more than three (3) years of completed service may be removed from University employment by a written notice of termination delivered three (3) months prior to the effective date of termination. Professional employees with more than three (3) years of service may be removed from University employment by a written notice of termination delivered to the employee six (6) months prior to the effective date of termination. Employees that have completed the probationary period must be given written reason(s) for their termination.

Removal by Action for Just Cause

Cause for termination of service may consist of:

Refusal or failure to perform the duties or to fulfill the responsibilities required by the University or contained in the Professional Employees' Handbook or continuing appointment letter; or
Inability or incompetence in performance of duties for any cause, including but not limited to physical, mental, or emotional unfitness; or
Conduct which causes damage to the University, its reputation, programs, property, employees or students; or
Excessive absenteeism for permanent and/or chronic disability which seriously jeopardizes or prevents performance of his/her assigned duties. Any employee who is absent from duty without permission and without having notified the employee's supervisor of the reason(s) for the employee's absence and the date the employee intends to return shall be considered to be absent without leave. After two (2) consecutive working days of absence, the supervisor shall advise the employee of the employee's termination, effective as of the last day on the job;
Any other just cause.

Removal for Just Cause Procedure

The justification for removal shall be in writing, sent to the next level of supervisor with copies to the employee and the Director of Personnel. This justification must include the informal procedures that have been utilized in previous attempts to alleviate the situation or a statement explaining why attempts to alleviate the situation would not be useful in view of the circumstances.

The University's Right to Manage, Discipline and Discharge

Management Rights

The University shall retain the right, in accordance with applicable Federal and State laws and Board of Regents policies, to determine the mission of the University and its constituent colleges, schools, and departments; to set standards; to exercise control and discretion over the University organization and its operations; to direct employees of the University; to hire, promote, transfer, assign and retain employees in, or relieve employees from, positions within the University and to suspend, demote, discharge, or take other disciplinary action against employees; to maintain the efficiency of the operations entrusted to the administration; to determine the methods, means, and personnel by which such University operations are to be conducted; and to take whatever actions may be necessary to carry out the functions and mission of the University and maintain uninterrupted service to its students and faculty in situations of emergency.

Corrective Discipline

General Policy

Adequate cause for suspension, termination of services, or other disciplinary action including written reprimands, suspension with or without loss of pay, or other disciplinary action may result from an employees' refusal or willful failure to perform duties, as assigned by his/her supervisor pursuant to the terms of employment in the Professional Employees Handbook or continuing appointment letter, incompetence in the performance of duties, moral turpitude, or other just cause.

Corrective discipline, as a method of dealing with unsatisfactory performance or misconduct of employees, is designed to provide the employee with an opportunity to become aware of and to correct the deficiency. The goal is to correct the misconduct or substandard performance and restore the employee as a productive member of the workforce.

Types of Corrective Discipline

Verbal Warning:

This is generally used for minor misconduct or to correct minor faults in employee performance.

Documented Warning

The documented warning is addressed to the employee and is utilized when the deficiency or misconduct is of a greater degree. The warning should be signed by the employee indicating that the warning has been read by the employee. The warning is then placed in the employee's personnel file. If the employee refuses to sign the warning, the supervisor should indicate this on the form, sign, date and forward it to Personnel Services.

Suspension:

An employee may be suspended without pay for serious offenses or for continued low performance or misconduct after previous attempts for correction have failed. Such suspension shall not exceed fifteen (15) working days.

Employees may not charge suspension time to vacation or other type of paid time off.
Employee actions leading to suspension must be documented.

Dismissal:

While a dismissal is not a type of corrective discipline, it is a possible consequence of failure in corrective discipline and is therefore considered here. An employee may be dismissed when corrective discipline has failed or when the seriousness of the matter is such that the employee should not be permitted to remain on the workforce.

This dismissal policy does not apply to probationary employees who may be terminated any time prior to completion of the probationary period.
Employee actions leading to dismissal must be documented.

Selection of Appropriate Disciplinary Type

Each case of inadequate work performance or act of misconduct is judged individually and the type of corrective discipline to use depends on the severity of the misconduct, employee's previous record, and any other pertinent factors. It is not necessary that the types of corrective discipline be applied sequentially (i.e., verbal warning, documented warning, suspension). The type of corrective discipline should be based on the nature of the misconduct and the circumstances of the case.

Approvals for Corrective Discipline

Any supervisor may take corrective discipline with an employee under his/her authority, consistent with departmental policies which may require higher level approval. Copies of any documented disciplinary action (i.e., documented warning or suspension) must be furnished to Personnel Services.

Dismissal cases should have prior consultation with Personnel Services. Whenever such consultation is not practical because of urgency or other pressing reasons, necessary action may be taken to suspend the employee and the case reviewed with Personnel Services as soon as practical.

Reassignment and Demotion

(These procedures do not apply to any employee who serves at the pleasure of the President.)

Reassignment

Any professional employee may be removed from a position by one of the following procedures:

Any professional employee may be removed at any time, including the probationary period, from a position by reassignment. The University's responsibility under reassignment shall be to offer a substitute position reasonably commensurate with the person's education, experience, and performance.
Persons holding tenure in the faculty who have an administrative assignment or who acquire tenure in the faculty while holding an administrative assignment will retain their rank with tenure in the faculty. Such persons may return to a teaching position in accordance with the individual agreement (in writing) which was reached at the time the administrative appointment was accepted, without loss of tenure or rank.
Demotion: A demotion occurs when an employee is reduced in grade and/or salary.

Voluntary:

A voluntary demotion is a position change to a lower grade mutually agreed to by the employee and supervisor.

Involuntary:

An involuntary demotion is a position change to a lower grade and/or salary initiated by the supervisor without employee consent. The causes leading to involuntary demotion must be documented by the supervisor initiating the action and approved by the next administrative level after consultation with Personnel Services with copies provided to the employee. The affected employee may appeal to the Appeals Committee.

Reduction in Force

Reduction In Force conditions exist when:

Budgeted monies for the University are insufficient in the opinion of the Administration, as verified by the Board of Regents, to continue the current level of personnel, or

Work-load in the professional ranks is reduced to the extent that under-utilization clearly exists in the opinion of the administration, verified by the Board of Regents.

Institutional financial problems leading to the dismissal of any professional employee shall be demonstrably bona fide. Such financial problems may be described as follows. A change in allocation of budgeted monies for the University or for divisions within the University as recommended by the Commission on Higher Education (and subsequent legislative approval) or by the Board of Regents that necessitates the elimination of professional positions.

Institutional work-load problems leading to the dismissal of any full-time professional employee shall be demonstrably bona fide. Examples of workload problems may include but are not limited to (a) reduced number of students; (b) changing federal requirements; (c) automation of services; or (d) contracted services.

The proper University authorities will coordinate the reassignment, whenever possible, of professional personnel when RIF conditions exist, and the regular procedures for transfer shall apply. If such an arrangement is achieved, it shall not be considered a RIF action.

Procedures for RIF are in lieu of all other procedures relating to notice, grievance, removal, reassignment and other provisions which are triggered not as a result of reduced budgets or work-loads. (Normal notice requirements do not apply under these provisions.)

Upon the request of the President, the RIF Committee shall be established to meet each Fall to consider the necessity for RIF action.

The committee shall consist of all area executive administrators and three members from the professional constituency, with the Vice President for Academic Affairs serving as chairman. The professional constituency members shall be elected during the first semester of the academic year according to the following procedure:

They shall be elected from the professional constituency,
The election shall be conducted by the Professional Employees Senate.

The RIF Committee shall review all available data it deems relevant. The Chairperson will be responsible for providing the committee with all necessary information including, among other possible data, official CHE documents, Board of Regents directives, and enrollment statistics covering at least the previous three years and any other input submitted by the University community members.

The committee shall consider the special needs of any area or program to continue a high quality program of service to the University.

The RIF Committee shall recommend to the President the number of positions to be RIFed in each of the areas. At this point, the work of the RIF Committee is completed.

If a position is available, a professional employee may be reassigned to a department or unit if the employee is qualified to perform in that area. During the period of reassignment an area executive administrator shall not be required to employ an unacceptable transferee, but justification for not accepting the employee is required.

Benefits

Leave With Pay

Medical Leave

General Policy

It is recognized that employees will, from time to time, be sick or injured, and that time off with pay must be provided to protect employees during those periods. It is not the intent, however, that medical leave benefits be used for any purpose other than sickness or injury.

Use of Medical Leave

Medical leave is used only for:

Personal sickness or injury.
Pregnancy.
Quarantine of employee's household.
Partial days not worked when an employee, who has been on medical leave, returns to work on part-time basis while recovering from the sickness or injury.
Medical examination, dental and eye care.
Illness of the immediate family: including parents, children, grandparents, grandchildren, siblings or spouse.

Accruing Medical Leave

Only regular employees (full-time or part-time who work 20 hours or more per week) are eligible. Temporary or occasional employees do not accrue medical leave.

Medical leave is earned during actual time worked, during paid medical leave, vacation time, holidays and leaves of absence with pay.

Medical leave is not earned during unpaid leaves of absence.

Temporary employees who work half-time or more and who become regular employees will begin accruing medical leave on the day they become regular employees. The accrual rate will be based on the date the employee was last hired as a temporary employee, provided there has been no break in employment between the temporary and regular assignment.

Professional Staff (i.e., Exempt Employees)

Regular Professional Staff accrue medical leave according to the following schedule:

Full-Time
Type of Employee	Hours/Month	Hours/Year
Full-Time	14	168
3/4 Time	10.5	126
1/2 Time	7	84

To earn medical leave for a given month, employees must work a minimum number of hours in accordance with the following schedule:

Medical Leave - Minimum Hours/Month

Medical Leave - Minimum Hours/Month
Type of Employee	Minimum Hours/Month
Full-Time	80
3/4 Time	60
1/2 Time	40

Maximum accruals at the end of any month may not exceed the figures listed below:

Medical Leave - Maximum Hours/Month

Medical Leave - Maximum Hours/Month
Type of Employee	Maximum Accrual Hours
Full-Time	1,040
3/4 Time	780
1/2 Time	520

Payment for Medical Leave
Payment is made at the employee's current straight time rate of pay for the time lost within the employee's regularly scheduled work period.

Conversion of medical leave accruals to cash is not permitted.

Medical Leave Practices

Notification

Any illness necessitating an absence must be reported as soon as possible to the supervisor, preferably before the start of the work period.

Physician's Statement

When an employee is absent due to illness, a "Physician's Statement" may be required at the supervisor's discretion.

If an employee becomes ill while on vacation, the employee may present a "Physician's Statement" verifying the period of illness and charge the period of illness to medical leave rather than vacation.

When a holiday falls during a time an employee is on medical leave, the holiday will be charged as a holiday and not as medical leave.

The University reserves the right to require a physicians statement that an employee is physically able to return to work.

Time Charged

Time charged to medical leave may not exceed the employee's accruals.

An employee may elect to charge medical absences to vacation accruals, and unless otherwise specified by the employee, medical absence will automatically be charged to accrued vacation after medical leave credits are exhausted.

When medical leave and vacation credits are exhausted or when medical leave credits are exhausted and an employee does not want to charge vacation, medical absence will be charged to time off without pay.

Rehire Provisions

All rehired employees will be considered new hires for purposes of computing accrual rate, vacation, medical leave and other benefits, including seniority.

Worker's Compensation

If injured on the job, University employees are protected under the Workmen's Compensation Laws of the state. Premiums for this coverage are paid by the University. The text of the law will be found in the New Mexico Statutes Annotated 1978 compilation.

Vacation Leave

General Policy

The University recognizes the value to the University and to its employees of providing paid vacations of reasonable duration. Vacations provide the employee an opportunity to relax for an extended period and return to the job with renewed interest and vitality. The University therefore encourages its employees to take accrued vacation each year, with at least one vacation period of one calendar week in duration.

Accrued Vacation

Vacation is earned during actual time worked and during paid medical leave, vacation time, holidays and leaves of absence with pay.

Vacation is not earned during unpaid leaves of absence.

Temporary employees who work at least half-time who become regular without a break in service will begin earning annual leave on the day they become regular employees.

An employee who has announced an intention to terminate may not take vacation which would have the effect of extending the termination date beyond the last day actually worked. For this reason, an employee who returns from vacation to terminate on the last working day of the month will not be credited with vacation accrual for that month.

Professional Staff (i.e., Exempt Employees)

Regular Professional Staff accrue annual leave according to the following schedule:

Full-Time
Type of Employee	Hours/Month	Hours/Year
Full-Time	14.66	176
3/4 Time	11.00	132
1/2 Time	7.33	88

To earn annual leave for a given month, employees must work a minimum number of hours in accordance with the following schedule:

Vacation Leave - Minimum Accrual Hours
Type of Employee	Minimum Hours/Month
Full-Time	80
3/4 Time	60
1/2 Time	40

Maximum accruals at the end of any month may not exceed the figures listed below:

Vacation Leave - Maximum Accrual Hours
Type of Employee	Minimum Hours/Month
Full-Time	352
3/4 Time	264
1/2 Time	176

Temporary professional staff earn no annual leave.

Leave taken which exceeds accruals will be Leave Without Pay.

Annual leave days may be allowed to accumulate up to a total of 352 hours.

Upon termination, accumulated annual leave will be paid off not to exceed 240 hours.

New employees are not permitted to use annual leave during the first three (3) months of employment. Any employee absence during the first three (3) months will be charged to Leave Without Pay (LWOP).

New employees who do not complete, for any reason, three months of consecutive full-time employment will not be paid for any accrued leave.

Scheduling Vacation

While annual leaves are normally scheduled in accordance with the employee's wishes, continuity of operations must be maintained. Consequently, the University reserves the right to schedule an employee's vacation in accordance with the needs of the University.

Annual leaves are normally taken in full-day units, but may be taken in four-hour increments. Less than four-hour increments are discouraged except in cases of emergency or when a sick or injured employee has exhausted medical leave benefits and elects to use annual leave, in which cases annual leave may be charged in one-hour increments.

Approvals for Vacations

Annual leave is taken with the approval of the employee's immediate supervisor.

Exceptions to normal annual leave policies must be approved by the Director, Dean, or area executive administrator.

Payment for Vacation Credits

Payment for accrued annual leave actually taken is based on the employee's straight time rate of pay.

When an annual leave period includes a paid holiday, the holiday is not charged as a day of annual leave.

Upon termination, employees are paid for unused annual leave accruals (not to exceed 240 hours) based on employee's straight time rate of pay.

Employees on soft money supported contracts with the University who are terminating their employment must either: (a) take their accrued annual leave during the contract period in which they are terminating their employment, or (b) terminate in sufficient time prior to the end of the contract period so that payment of unused annual leave accruals will not exceed the monies provided in the contract.

Rehire Provisions

All former employees who are rehired will be considered new hires for annual leave purposes.

Holidays

Definition

The holiday period is the calendar day observed as the holiday; however, for an employee on a shift crossing midnight, it is the 24-hour period beginning with the regular starting time on the calendar day observed as the holiday.

Eligibility

Professional employees (full-time or part-time who work twenty (20) hours or more per week) are eligible.

Holidays Observed

Workday preceding New Year's Day
New Year's Day
Martin Luther King, Jr. Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Friday following Thanksgiving Day
Workday preceding Christmas Day
Christmas Day

The University reserves the right to adjust the actual observance of all holidays.

Exceptions

Organizations or departments who, because of the nature of their business, regularly are required to work employees on a majority of the scheduled holidays may obtain exception to holidays observed above, provided:

Each employee will be given one day off in lieu of each holiday worked by arrangement with the supervisor.
Each employee affected will be advised of this excepted holiday policy and that it is part of the conditions of employment.

Employees who are physically assigned to work continuously at an off-campus location within an organization whose observed holidays differ from those generally observed by the University, as listed above, may be authorized to observe holidays which are applicable to that organization within which work is performed, provided:

In no case will observation of all holidays applicable to both organizations be permitted.

Each employee affected will be advised of this excepted holiday policy and that it is part of the conditions of employment.

Employees on Leave of Absence (LOA) (summer break, semester break, etc.) will not receive holiday pay while on LOA. Employees must work or be on annual leave or medical leave during the week in which the holiday occurs to be eligible for holiday pay.

Personal Leave With Pay

Eligibility

Regular employees, full-time and part-time (20 hours or more), are eligible for Personal Leave With Pay.

Temporary employees may be eligible for Personal Leave With Pay at their supervisor's discretion.

Notice

Normally, the employee arranges in advance with the supervisor to be absent. If this is not possible, the employee notifies the supervisor of the reason for the absence as early in the working day as possible.

An employee should notify the supervisor before leaving the University premises during working hours unless unusual circumstances preclude such notification.

Types of Personal Leave With Pay

Bereavement

Death in employee's immediate family (to a maximum of five (5) working days). Immediate family as defined in the Leave with Pay policy.

Emergency Closings

Occasions when the University is declared closed by the President (i.e., cases of inclement weather, national emergency, etc.).

Voting

An employee who is a registered voter is granted, upon request, time off from University duties to vote. Such time off within the daily work schedule is paid for at straight time rate to a maximum of two (2) hours.

Jury Duty and Enforced Court Attendance

An employee summoned for jury duty for appearance before a County Commissioner for jury duty qualifications or for duty as a witness (other than as plaintiff or defendant) is granted time spent on these types of duty if the employee presents documentary evidence of the summons to the supervisor and remits the monies received from the court to the ENMU Business Office.

Military Leave of Absence

General Policy

Upon presentation of official military orders or other evidence indicating that the employee is entering active military duty, the University grants a Military Leave of Absence to regular employees during the time they are on active duty in the Armed Forces of the United States (and other Uniformed Services specified below).

Services Covered

Armed Forces of the United States are defined as the Army, Navy, Air Force, Marine Corps, and Coast Guard and their respective reserve components.

Members of the New Mexico National Guard and New Mexico State Guard.

Members of the U.S. Public Health Service, U.S. Coast and Geodetic Survey and their reserve components.

Types of Active Duty

Annual Duty for Training

Training with the Reserve or National Guard. Such training is normally for a two (2) week (or 15 day) period.

Special Training

Required active duty for a special purpose such as attending an Armed Forces School for career advancement.

Local Emergency

Active duty for individuals ordered out in a local emergency by the President (for Reserves of the National Guard in the Federal Service) or the Governor of New Mexico (for New Mexico National Guard or New Mexico State Guard).

National Emergency

Extended active duty for individuals ordered out by the President in a declared emergency.

Obligated Service

Normally a two-year active duty as a part of a Reserve or ROTC obligation. (Some such tours have been shortened to less than two (2) years.)

Payment While on Military Leave of Absence

When a Military Leave of Absence is granted for annual duty for training or local emergency, the University will pay a military training allowance for time lost up to a maximum of 15 calendar days per calendar year. Such military training allowance is paid at the employee's straight time rate of pay. (Exceptions on maximum time must be approved by the supervisor).

When a Military Leave of Absence is granted for active duty other than annual duty for training or local emergency, such leave is without pay.

Reinstatement

An employee on Military Leave of Absence will be reinstated to his/her original position or to a position of like seniority, status and pay provided (s)he:

Is released from active duty under honorable conditions, and
Is still qualified to perform the duties of such position, and
Makes application for reinstatement to the Director of Personnel Services:

within 90 calendar days after release from National Emergency, Obligated or Enlisted Service or from hospitalization continuing after release for not more than one (1) year, or

within six (6) working days after release from annual duty for training, special training, or local emergency service.

Accepts the first position offered.

Serious Health/Non-Industrial Injury Medical Bank Program

Purpose

To establish an employee-contributed serious health/non-industrial medical bank (the "bank") to be used for ENMU employees who have exhausted all their accrued medical and annual leave time.

The bank does not provide for the first 30 days of serious health/non-industrial injury or illness. The first 30 days are the responsibility of the employee and are covered by the employee's accrued medical and annual leave. If medical and annual leave are exhausted, further leave will be charged as leave without pay.

Definitions

A serious health/non-industrial injury is one which requires either inpatient care or continuing treatment by a health care provider. This term is not intended to cover short-term illness for which treatment and recovery are very brief, since the illness would generally be covered by regular University medical leave policies.

Health care provider is defined in the Family and Medical Leave Act of 1993 (P.L. 103-3 February 5, 1993). A health care provider is (1) a doctor of medicine or osteopathy authorized to practice medicine or surgery (as appropriate) by the state in which the doctor practices; or (2) any person determined by the state to be capable of providing health care services.

Immediate family means a parent, grandparent, spouse, child, grandchild, or sibling as prescribed under the University's personal leave with pay policy.

The medical bank administrator is the Director of Personnel. The Director of Personnel will submit all bank requests to the Wellness Committee for review and approval/disapproval.

Eligibility

Any employee in an eligible employee category in which medical leave is accrued may apply to use medical leave from the bank, subject to the provisions in the program.

The employee must have exhausted all accrued leave time.

The employee who requests withdrawal from the bank must be in good standing with the University which is determined by their continuation of employment letter or contract of appointment.

Donation of Time to the Bank

An employee who volunteers to transfer accrued medical leave time to the bank must do so in eight (8) hour increments equaling not less than one day and no more than five (5) days per fiscal year. To contribute to the bank a transfer or medical leave request must be submitted to the bank administrator.

Donations to the bank are voluntary and are irrevocable.

Employees who contribute to the bank may not designate a specific person to receive their contributions.

An employee who contributes to the bank is not required to request use of leave from the bank. Employees are not required to pay back medical leave withdrawals granted from the bank.

Withdrawal of Time from the Bank

Only one withdrawal from the bank is allowed each fiscal year unless the maximum of 90 days was not used in the same fiscal year as the request. An employee is not required to contribute to the bank in order to apply to use leave from the bank.

An eligible employee may apply to the bank administrator for permission to draw time from the bank. An employee can petition to use the bank for their own serious health/non-industrial injury or that of their immediate family.

Applications to use the bank will be processed on a first-come, first-serve basis.

All request forms for leave from the bank shall be accompanied by a physician's statement specifying the nature of the serious illness/non-industrial injury statement and the appropriate duration of the absence. The privacy of all employee requests will be protected as provided by New Mexico law.

If it is determined that the employee is eligible to participate in the bank, the bank administrator shall determine the exact amount of time an eligible employee may draw from the bank and shall grant, with approval of the Wellness Committee, the transfer of time from the bank to that employee.

Approval/disapproval of any application shall be made within ten (10) business days from the date of receipt of the application.

The employee may use medical leave assigned for the bank in the same manner as accrued medical leave and shall be treated in the same manner and shall be entitled to accrue the same benefits as an employee who uses such accrued medical leave.

In the case of an employee's serious health condition, an employee will not be permitted to return to work until clearance is obtained from the bank administrator.

If an employee does not agree with the bank administrator's determination and the decision of the Wellness Committee, a formal appeal may be submitted in writing to the president/provost at the respective campus.

a. The employee will present his/her appeal to the President/Provost who will act upon the recommendation within five (5) business days.

b. The decision of the President/Provost will be based upon the same record and the recommendation of the bank administrator and the Wellness Committee unless the president/provost receives relevant information subsequent to the decision of the bank administrator and the Wellness Committee. Such information may be taken into consideration if the official parties have the opportunity to respond to the information submitted.

Termination of Medical Bank Leave

When an employee using bank hours returns to duty, any unused hours revert to the bank.

When a recipient's employment terminates, any unused hours revert to the bank.

When an employee has received 90 days from the bank, the employee may apply for unpaid leave as described in the University's leave without pay policies.

Professional Development Leave

Policy

Full-time professional staff members who have completed a minimum of six consecutive calendar years of ENMU employment may apply.

Professional leave is for the mutual benefit of the employee and the University.

The employee may apply for professional leave for a period of time up to but not to exceed 12 months.

Professional leave salary is computed as follows: One semester (4.5 months) at full salary for that period; or two semesters (9 months) at half salary for that period.

Employees on professional leave will continue as employees of the University. The policy regarding rights, privileges, and responsibilities will remain the same as those on regular employment. Professional leave recipients should devote at least as much time to their study and research as they devote to their regular duties. An employee on professional leave will not take other full-time employment. The acceptance of a graduate fellowship or teaching assistantship will be acceptable. Grant support during a professional leave should be reported to the appropriate area executive administrator.

An employee will become eligible for a second or subsequent professional leave after six additional years of full-time service to ENMU following the completion of the initial leave.

Two full contract years of service to ENMU are required after any portion of the professional leave has been completed. Failure to comply will require a pro rata reimbursement of the salary that was paid during the leave.

General Criteria for Leaves

Merit of activity to be undertaken during the leave period as it relates to the growth of the individual in the fulfillment of the total purposes of the University.

Suitability of arranging for others to assume responsibilities of the employee while on leave.

Availability of funds to employ others to assume duties while the employee is on leave.

Procedure

Applications must be submitted by December 1 for leaves to be granted for the following summer and/or fall and/or the following spring. Applications must be approved by the area executive administrator, by the President, and by the Board of Regents.

A report of the work undertaken and completed should be submitted through the area executive administrator within thirty (30) days upon return to campus.

Leave Without Pay

General Policy

The University may grant leaves of absence without pay to employees in case of illness, injury, personal reasons, for school attendance, sickness in family, and for other bona fide reasons.

In cases of extended illness or injury, leave of absence is taken only after all sick leave and vacation time is exhausted.

Eligibility

Regular employees, full-time or part-time, are eligible.

Length of Leave and Approval Required
Reason	Maximum Initial Period	Maximum Extension
Extended illness, personal disability extending beyond medical leave accruals	6 months	6 months***
Personal	1 month	3 months***
** Illness in employee's family	3 months	3 months***
** School attendance to obtain applicable additional courses or degree	12 months	12 months***
* Must be granted if eligibility and other requirements as outlined in this policy are met. May be given at the discretion of the University. * Employees are not reinstated on or before the end of the maximum extension date are terminated as a resignation.

Approvals must be obtained in order of supervisor, dean/director, area executive administrator, Vice President for Business Affairs, the Director of Personnel.

Procedure for Obtaining Leave Without Pay

Employee requests leave of absence, in writing, from the supervisor. Requests for leaves must be made at least two (2) weeks in advance except where such notice is impossible or impractical.

A Personnel Action Notice (PAN) should be processed placing the employee on leave for the authorized period of time and should indicate the reason for the leave.

PAN's are not required in those cases where LWOP is taken for a few days, but the employee's absence report to Payroll should clearly indicate LWOP for the days involved.

In those instances where a LWOP is due to an unexcused absence or disciplinary suspension, the absence should be documented (in addition to absence report) by memo to the employee with a copy to Personnel Services for record purposes.

Reinstatement

While a leave of absence is not recommended or granted except with expectation of reinstatement, reinstatement is not guaranteed. Operating conditions or needs may make reinstatement impracticable at the time reinstatement is requested.

Where practical, the University attempts to fill the employee's position with a temporary employee during the leave of absence but reserves the right to eliminate the position or fill it with a regular employee.

An employee returning from a leave of absence must contact Personnel Services prior to the expiration of the leave. An employee who fails to request reinstatement as prescribed herein is terminated as a resignation.

A thorough effort is made to reinstate an employee to the same or equivalent job and rate held at the time of leaving.

If the employee's previous position is no longer available and he/she is not placed in another similar position within a reasonable period, or if the employee refuses a position offered him/her, the University has no further reinstatement obligation. The employee is then terminated as a resignation.

An employee returning from a leave of absence for extended illness or injury is required to submit a doctor's statement certifying the employee is able to return to work.

No employee will be permitted to return to work without being cleared for reinstatement by Personnel Services.

Employees on Leave of Absence for more than thirty (30) calendar days will have their anniversary (date in current position) date adjusted by the number of months spent on Leave of Absence. Salary increases and probationary periods will be based on the adjusted anniversary date.

Supervisors will clear employees for reinstatement by processing a Personnel Action Notice.

Family and Medical Leave of Absence Policy and Procedures

General Policy

The Family and Medical Leave act of 1993 (FMLA) became effective on August 5, 1993. The purposes of the act are to balance the demands of the work place with the needs of the families, to promote the stability and economic security of families, and to preserve the national interest in preserving family integrity. Listed below is an outline of the conditions under which an employee may request time off without pay for a limited period with job protection and no loss of accumulated service provided the employee returns to work.

Eligibility

The following employees are eligible for leave under the FMLA.

Regular full-time and part-time employees who have been employed at ENMU at least twelve months prior to the leave. This includes faculty, professional, and support employees as defined in the respective employee handbooks.
Temporary full-time and part-time employees who have been employed at ENMU at least twelve months prior to the leave, and who are employed at least half-time (1040 hours or 6 months or .50 FTE) or more.
Employees in the occupational groups of president, provost, vice presidents, executive directors, deans, department chairs, directors, coaches and associates or assistants to these groups may be eligible, however to prevent substantial economic injury to ENMU's operations, restoration may be denied to these "key" employees.

Occasional employees are not eligible.

Basic Regulations and Conditions of Leave

FMLA leave is taken after all annual leave and sick leave is depleted. Eligible full-time employees who work at least 1250 hours during the year preceding the leave may take up to 12 weeks in a 12-month period (beginning with the first day of leave taken under FMLA). The 12-week leave period will include any accrued vacation and medical leave to be exhausted first. The remainder of the 12-week leave period will be reported as leave without pay (LWOP). For eligible part-time employees who work at least 1040 hours during the year preceding the leave, their leave will be pro-rated as follows: half-time employees (.50 FTE) may take up to six weeks; three-quarter time employees (.75 FTE) may take up to nine weeks, etc.

FMLA leave may be taken for the following reasons. Eligible employees may take up to 12 weeks in a 12-month period (beginning from the date of the first leave taken under FMLA) of a combination of annual leave, medical leave, and leave without pay for the following reasons:

An employee's own serious health condition which prevents the employee from performing the essential functions for the position within the meaning of the Americans with Disabilities Act. FMLA leave is taken after all annual leave and medical leave is depleted.

Care for a spouse, child, or parent with a serious health condition. A spouse is defined as a husband or wife as recognized by state law. A child is defined as a son or daughter including biological, adopted, or foster child, stepchild, legal ward, or the child of one who acted as a parent (supported, cared for, and is responsible for the child). The child must be under 18 years of age or incapable of self care because of disability. A parent includes a biological parent or someone who acted as a parent by having day to day responsibility of care and support.

Serious health condition is defined under FMLA as: a) inpatient care in a hospital, hospice, or residential medical care facility; or b) continuing treatment by a health care provider for a serious health condition.

If medically necessary, an intermittent schedule or a reduced leave schedule may be arranged for an employee's own serious health condition or for care of a spouse, child, or parent with a serious health condition. If leave is requested on this basis, the University may require the employee to transfer temporarily to an alternative position which better accommodates recurring periods of absence or a part-time schedule, provided that the position has equivalent pay and benefits.

For childbirth, adoption, or foster care. Leave must be taken consecutively within the first 12 months following childbirth. FMLA leave is taken after all annual leave and medical leave is depleted. If a husband and wife both work for the University, the combined total leave for birth or placement of a child is 12 weeks.

Procedures for Obtaining FMLA Leave

An employee requests a leave of absence, using a form available from Personnel Services from his/her supervisor who will route the request for the proper administrative approvals, and then forward it to Personnel Services. The Director of Personnel is responsible for the administration of this policy and will notify the employee whether the request is approved or denied.

Notification

When the need for leave is foreseeable, such as the birth or adoption of a child or planned medical treatment, the employee must provide at least 30 days advance notice of the effective date of the leave. An effort should be made to schedule the leave so as not to disrupt University operation if possible.

Medical Certification

All requests for family and medical leave of absence due to a serious health condition of the employee and/or care of a child, spouse, or parent with a serious health condition will require the employee to provide medical certification from the attending physician describing the medical condition and other pertinent information. Forms are available from Personnel Services. The employee has 15 days to provide the certification unless that is not possible with due diligence.

The University, in its discretion, may require a second medical opinion and periodic re-certification at its own expense, may require the binding opinion of a third health care provider, approved jointly by the University and the employee.

A Personnel Action Notice should be processed by the employee's supervisor placing the employee on leave for the authorized period of time and should indicate the reason for the leave.

Calculation of Intermittent or Reduced Leave

For non-exempt employees, calculation of leave is done on the basis of time actually taken. One day taken each week exhausts 1/5 of one available FMLA leave week. An employee reduced from 8-hour days to 4-hour days uses 1/2 of one available FMLA leave week for every 1/2 time week worked.

Salary reductions for exempt employees are allowed without jeopardizing the exempt status of the employee under the Fair Labor Standards Act. Therefore, exempt employees taking two (2) days off per week can have their weekly salary reduced to 2/5.

Status of Employee Benefits During Leave of Absence

Any employee who is granted an approved leave of absence under this policy is advised to provide for the continuation of his or her group health insurance coverage by arranging with the Payroll Office to pay the employee's premium contributions during the period of unpaid absence. The University will continue to contribute the employer's portion of the group medical insurance premiums during the family leave.

In the event that the employee elects not to return to work upon completion of an approved unpaid leave of absence or returns to work for less than 30 days, the University may recover from the employee the cost of any payments made to maintain the employee's coverage, unless the failure to return to work was for reasons beyond the employee's control. Benefit entitlements based upon length of service will be calculated as of the last paid work day prior to the start of the unpaid leave of absence.

In case of illness, employees will periodically be required to report their intent to return to work to their supervisor. If the employee gives an unequivocal notice of intent not to return, then the University's obligations to maintain the employee's benefits (except COBRA) and to restore the employee end.

Reinstatement

An employee returning from Family and Medical Leave of Absence must contact Personnel Services prior to the expiration of the leave. Medical leave granted for an employee's serious health condition will require the employee to provide a medical certification of fitness for duty from the attending physician that the employee is able to return to work. A form is available from Personnel Services for this purpose. No employee will be permitted to return to work without being cleared by Personnel Services.

Once cleared for reinstatement by Personnel Services, the employee's supervisor will process a Personnel Action Notice to place the employee back on payroll.

Record Keeping and Notice

A notice explaining the FMLA provisions will be posted throughout the main campus, the branch campus, and other ENMU off-campus locations

The FMLA Leave of Absence Policy and Procedures will be placed in the Administrative and Governance Policies and Procedures Manual. The policy will also be referred to in the respective constituencies' handbooks.

All medical records will be kept separate and confidential from other personnel files as prescribed by state and federal laws.

Appeals

An employee may appeal a decision related to FMLA leave as outlined in the University's grievance procedure.

NOTE: This policy was written to comply with the Family and Medical Leave Act of 1993. The act's governing regulations covering definitions and details will apply to this policy.

Other Benefits

Retirement

Participation

Required

Participation became mandatory as of July 1, 1971.

Excluded

Temporary employees who work less than thirty (30) days, students, graduate assistants and research assistants.

Contribution

Employees contribute a percentage of their total earnings as established by the New Mexico Legislature.

Employee contributions are refunded without interest on deposits prior to July 1, 1971, and with interest on deposits after July 1, 1971, to those who leave employment covered under the New Mexico Retirement Act. Refunds are not automatic; forms for a refund request are available in the Payroll office.

NOTE: For additional information, please refer to the Educational Retirement Handbook (available at the Payroll Office).

Insurance

The University offers a voluntary group insurance plan that provides for health and life insurance coverages. The University pays fifty percent of the health insurance portion for the employee (including employees who are retired or who have been granted disability, as that term is defined in the Educational Retirement Act existing at the time disability is granted) or up to the maximum allowable under law. Booklets providing complete information and schedules are available in the Payroll Office. Benefits are subject to change as insurance contracts are negotiated periodically. Employees are involved in such determinations as representatives in the Business Policy Committee, a University standing committee.

Annuities

Tax-sheltered annuity plans are available to all employees. Retirement investments may be made under a payroll deduction arrangement. These programs offer the employee income tax advantages. Complete details are available from the Payroll Office.

Social Security

In addition to retirement benefits under the New Mexico Educational Retirement Act, each employee will receive benefits under the Social Security Act. Benefits of the program are summarized in a book available from the Payroll Office.

Educational Assistance Program

Purpose

The Educational Assistance Program is provided to encourage employees to take advantage of the educational opportunities available at the University for purposes of personal and professional development.

Tuition

The University will waive regular tuition for one course not to exceed four (4) credit hours each semester or summer session subject to the restrictions listed below. The waiver privileges also apply to non-credit courses but excludes correspondence and extension courses.

The waiver does not apply to fees for seminars and workshops offered by Distance Education.

Eligibility

Regular employees who work at least half-time are eligible subject to the restrictions stated below.

Regular full-time and part-time employees paid from soft money contracts or grants who meet all other requirements are eligible for tuition assistance only if the contract or grant includes funds to pay for the tuition as a fringe benefit.

Retired employees shall have the same tuition waiver privilege as regular full-time employees.

Temporary employees are not eligible.

Employees who do not use their tuition waiver may use the waiver privilege for their spouse provided the course is taken for credit.

In those cases where a spouse is utilizing the waiver privilege instead of the employee, the Waiver of Tuition forms should be completed following regular procedures. The spouse's name and social security number should be included in addition to the employee's name and social security number.

Restrictions

Enrollment in credit and non-credit courses is subject to availability of space and facilities. In case it is necessary to limit or reduce the size of a class, employees receiving a tuition waiver will have low priority.

As a general rule, employees may not enroll for more than two courses (six credit hours) per semester or one course (four credit hours) in a summer session, including hours for which tuition waiver is granted. An exception may be made in rare instances if the employee and the supervisor agree in advance, with approval of the appropriate area executive administrator, that enrollment in more than two (2) courses will not adversely affect the employee's performance in his/her regular assigned duties.

The employee must, before registering for a credit course, be admitted to the University in some status by making proper application through the Admissions Office.

Lab, matriculation, or other fees required for courses taken must be paid by the enrollee.

Time Off With Pay

Time off with pay may be granted for one course each semester at the discretion of the employee's supervisor within the requirements stated as follows:

The courses must be taken for credit.
The courses must not be available outside of regular working hours.
Because of pressing workloads or other legitimate business reasons, it may not be practical to grant time off to all employees who request such. In these cases, the needs of the University shall prevail. However, supervisors may allow the time off and permit the employee to make up such time during the same workweek.

Educational Assistance Procedures

The employee obtains a Waiver of Tuition form from Personnel Services, completes it in triplicate and submits it to his/her supervisor for review and approval.

The Waiver of Tuition form is approved by the employee's supervisor, Division Director or manager, and/or Dean or Director.

Following approval from Personnel Services, the employee presents the white and yellow copies to the University cashier with tuition invoices in lieu of payment.

Special Programs

Tuition waiver for special programs shall not exceed the equivalent of a normal four (4) credit hour course per semester or summer session. Any fees required in special programs shall be paid by the enrollee.

Unemployment Compensation

Policy

Eastern New Mexico University extends coverage of the New Mexico Unemployment Compensation Act 51-1-1 New Mexico Statutes Annotated 1978 to all its employees (non-student).

Cost of the coverage is borne totally by the University.

Eligibility

Eligibility is determined by the New Mexico Department of Labor based on the circumstances of the case and the provisions of the Unemployment Compensation Act.

Procedure

It is the responsibility of each department to submit a completed Personnel Action Notice and a Notice of Employee Separation form to Personnel Services for each case of employee separation. Because the New Mexico Department of Labor allows an employer only ten (10) days in which to respond to an unemployment claim, it is important that these forms, in addition to any other pertinent data, (i.e., letter of resignation, discharge notice, etc.) be taken to Personnel Services immediately.