New Mexico Administrative Code

NMSA 1978, Section 10-7-12 NMSA 1978, Sections 10-9-13(B); and 29 U.S.C. Sections 201 to 262.

Permanent.

August 1, 2021 unless a later date is cited at the end of a section.

The objective of Part 4 of Chapter 7 is: to provide a uniform system of pay administration for employees that is externally competitive and internally equitable.

A. "Alternative pay band" means a pay band based on current market rate for benchmark jobs in the relevant labor market(s). B. "Alternative work schedule" means a schedule that is requested by an employee and approved by the agency that deviates from the normal work schedule. C. …

A. The director, pursuant to direction from the board, shall establish, maintain and, in conjunction with state agencies, administer a pay plan for all positions throughout the classified service, which shall include the pertinent factors that should be considered by managers for…

The director shall appoint a job evaluation committee consisting of 10 members. The director will provide training in the job evaluation and measurement process. The committee shall apply the job evaluation and measurement process to all newly created or revised classifications. …

State Personnel Board.

A. The SPO director shall establish application procedures which include, among other things, criteria that will ensure compliance with federal and/or state law. Information on gender, ethnicity, and age of applicants shall be utilized only for affirmative action and other non-di…

A. Assessments shall measure critical or important knowledge, skills, and abilities necessary for successful job performance. B. Except as provided in Subsection C of 1.7.5.11 NMAC no agency shall administer any test to an applicant or employee without the test and the test admin…

A. In accordance with the purpose of the Personnel Act NMSA, Section 10-9-2, selection shall be based solely on qualification and ability. Selection for any positions in the classified service shall be justified in writing and made from employment lists. B. All employers subject …

All state agencies in the classified service.

Subsection A of Section 10-9-10, Subsection A of Section 10-9-12, Subsection C of Section 10-9-13, Subsection F of Section 10-9-13, Subsection I of Section 10-9-13, Section 10-9-13.2, Subsection B of Section 10-9-18, Section 10-9-22, Section 10-9-23; Section 20-4-9, NMSA 1978; Se…

Permanent.

January 14, 2025 unless a later date is cited at the end of a section.

The objective of Part 5 of Chapter 7 is: to provide a system for the recruitment, examination and selection of applicants for employment in the classified service.

A. "Doublefill" is when two employees are paid to work in the same position. B. "Open for recruitment" means soliciting applications from the general public and state employees for vacant positions. C. "Overfill" is when an employee is assigned to a position with a higher pay ban…

A. All budgeted vacant positions to be filled shall be open for recruitment unless a recruitment waiver is authorized by the state personnel office (SPO) director. B. Positions in the classified service shall be filled at the assigned classification. An underfill may be approved …

A. The recruitment process shall be established by the state personnel office in accordance with established professional techniques and relevant federal and state laws, regulations, and guidelines. B. The SPO director shall establish a means to effectively advertise and recruit …

State Personnel Board

Employees are prohibited from: A. using official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for office or for any other political purpose; B. directly or indirectly coercing, attempting to coerce, commanding, …

A. Employees covered by the provisions of the Hatch Act [5 U.S.C. Sections 1501 to 1508] may not be candidates for partisan political office elections. B. Employees not covered by the provisions of the Hatch Act [5 U.S.C. Sections 1501 to 1508] may be candidates for any partisan …

A. Each agency shall establish a written complaint procedure by which employees can seek to remedy problems associated with their working conditions. Agency complaint procedures shall be filed with the Office and the information made available to all employees of the agency. B. E…

All state agencies in the classified service

NMSA 1978, Sections 10-9-1 to 10-9-25, NMSA 1978, Section 10-9-10(A), NMSA 1978, Section 10-9-13(G), NMSA 1978, Section 10-9-21, NMSA 1978, Section 12-5-2, NMSA 1978, Sections 24-2B-1 to 24-2B-8, U.S.C. Sections 1501 to 1508.

Permanent.

July 1, 1997, unless a later date is cited at the end of a section.

The objective of Part 6 of Chapter 7 is: to define certain acceptable activities; to prohibit certain activities and to provide legal holiday observation dates, while setting forth general working conditions for employees.

"Nonpartisan election" is any election for public office when the candidate's party affiliations are neither indicated nor required.

No agency shall permit the hiring, promotion, or direct supervision of an employee by a person who is related by blood or marriage within the third degree to the employee.

Each year, prior to December 1, the Board shall publish the dates on which legal public holidays as designated in NMSA 1978, Section 12-5-2 (Repl. Pamp. 1988) shall be observed for the next calendar year.

State Personnel Board.

A. Employees, except those on full-time educational leave with pay, absence without leave, leave without pay, unpaid FMLA leave, or suspension without pay, shall accrue sick leave at the rate of 4.00 hours per pay period. B. Employees employed on a part-time basis and employees o…

A. Leave without pay may be approved when: (1) the agency can assure a position of like status and base pay, at the same geographic location, upon the return of the employee from leave without pay; or (2) the employee agrees in writing to waive that requirement. B. Leave without …

A. In addition to other leave provided for in 1.7.7 NMAC eligible employees are entitled to leave in accordance with the Family and Medical Leave Act (FMLA) of 1993, as amended. Employees who have been in the classified service for at least 12 months (which need not be consecutiv…

A. Employees who fail to appear for work without authorized leave or who appear for work but are in violation of agency policy governing their readiness for work shall be considered to be absent without leave. B. Employees shall not be paid for any periods of absence without leav…

A. An agency may authorize employees leave with pay for up to five consecutive work days when it is in the best interests of the agency to do so. Administrative leave in excess of five consecutive workdays must have the prior written approval of the state personnel office (SPO) d…

A. An agency may grant employees educational leave with or without pay to pursue training related to their employment that is of immediate or potential value to the agency, including new ideas and innovation that could result from an employee's education on a variety of subjects,…

A. Members of organized reserve units or the national guard ordered to training shall be given up to 15 workdays of paid military leave per federal fiscal year. These 15 workdays are in addition to other authorized leave. B. The governor may grant members of the national guard or…

A. Employees in career status are entitled to two personal leave days each calendar year. The personal leave days will be consistent with the employee's normal workday. Such leave must be requested and approved in advance. B. Each personal leave day must be taken during consecuti…

A. Employees who transfer from one agency to another shall retain all accrued annual, personal and sick leave. B. All accrued annual and sick leave shall be transferred when persons change status from a position in the exempt service to a position in the classified service withou…

A. In accordance with the provisions of NMSA 1978, Section 24-28-3 ,an agency head may authorize a leave of absence, not to exceed twenty workdays, to an employee for the purpose of donating an organ or bone marrow. B. In accordance with the provisions of 1.7.7.9 NMAC, an employe…

All state agencies in the classified service.

A. Agencies may grant bereavement leave to employees who have experienced the death of a relation by blood or marriage within the third degree or a person residing in the employee's household. B. Bereavement leave is a form of administrative leave that an agency may grant to empl…

NMSA 1978, Section 10-9-13(G); Section 11: NMSA 1978, Section 10-7-10; Section 13: 29 U.S.C. Sections 201 and 2601 et seq.: Section 15: NMSA 1978, Section 1-12-42; Section 17: NMSA 1978, Sections 20-4-7, 20-5-14 and 20-7-5 and 38 U.S.C. Section 2024.