Note: The writing style of this handbook) especially in cases of capitalization or the lack of it) is in accordance with the United States Government Printing Office Style Manual, 28^th edition, (1984). The Chicago Manual of Style, 13^th edition, (1982) was also used as a secondary reference.

BOARD OF REGENTS' STATEMENT

Welcome to Eastern New Mexico University. As a university employee you will have a chance to support the university in providing higher education for the State of New Mexico. An interesting and challenging experience the university and its policies, the Support Senate Handbook Committee of your constituency governing body, Personnel Services' staff, the president's staff, and the university's legal counsel have written and reviewed this handbook. Please read it thoroughly and retain it for future reference.

The policies stated in this handbook are subject to change at the discretion of the board of regents at any time and can be amended in the spirit of the "University Statement on Governance (May 15, 1987)," which is spelled out in the Procedures for Amendment of the Support Employees Handbook. From time to time you may receive updated information concerning changes in policy. Should you have any question regarding any policies, please ask your supervisor or a professional member of the Personnel Services staff.

This handbook in not a contract guaranteeing employment for any specific duration. Please understand that no supervisor, director/dean other than the director of Personnel or the executive administrator has the authority to enter into any agreement with you for employment for any specified period or to make any promises or commitments contrary to the foregoing. Further, any employment agreement entered into by the director of Personnel and the executive administrator shall not be enforceable unless it is in writing.

Good luck and success in your position and we hope that your employment relationship with the university will be a rewarding experiences.

The Board of Regents of Eastern New Mexico University, 1994

PREFACE

The policies and practices printed in this manual are applicable to Support Staff employees.

University policies, procedures, and regulations, as well as benefits and services are constantly under review and may be changed and become effective prior to a reprint of this handbook. To facilitate changes and updating on a timely basis and avoid frequent reprinting of the entire handbook, it is published in a loose-leaf form. As new pages are printed, they will be distributed to handbook holders who are responsible for making the necessary additions/ substitutions to their handbook.

The university, as well as support employees are subject to policies and guidelines that are not detailed in this employee handbook. Such policies and guidelines stem from federal and state laws, and subsequently become university policies and practices. These policies and practices are detailed in the Administrative and Governance Policies and Procedures Manual that are located in and available from area administrative offices, Internal Auditor's Office and Personnel Services. Policies and practices that contain pertinent information for all employees include, but is not limited to:

1. Affirmative Action

2. Equal Employment Opportunity

3. Sexual Harassment

4. Drug-Free Work Place

5. Deadly Weapons and Explosives

6. Americans with Disabilities Act

7. Age Discrimination in Employment Act

8. Smoking Policy

PROCEDURES FOR AMENDMENT OF THE SUPPORT EMPLOYEES' HANDBOOK

Amendments may be proposed by the Support Personnel Policies and Handbook Committee, or by an individual support employee. Such proposed amendments shall be presented to the Support Service Senate, which shall recommend the amendments by a majority vote. Such recommended amendments shall be presented to the regular support 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 or 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 "Support Staff" refers to personnel holding positions classified as "non-exempt" under the Fair Labor Standards Act, as amended. Support Staff employees are entitled to overtime/compensatory time off (CTO) under the specific provisions of the federal and state wage laws. Examples are positions such as secretarial, clerical, maintenance, and service workers. There are four types of support employees: regular, externally funded employees, temporary, and occasional. The individual may work either full-time or part-time in any category. Support staff employees are paid on the bi-weekly payroll.

Regular Employees

Regular Full-Time: An employee hired for 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.

Externally Funded Employees (such as federal contacts, grants, etc.): An employee hired to work for a definite time as spelled out by the funding source. These employees will receive benefits, retirement, etc., if funds are contracted in the grant.

Some employees are partially funded by external grants or funds. If funding is not extended through the term of appointment, the University may have to follow policy for the redefinition or termination of employment.

Temporary and Occasional Employees

Temporary Full-Time: An employee hired for a work week 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 executive administrator, and the Director of Personnel.

Temporary Part-Time: An employee hired for a work week 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 appropriate executive administrator, and the Director of Personnel.

Occasional: An employee hired periodically, full-time or part-time, for a period not to exceed thirty (30) consecutive calendar days. This is per Educational Retirement Board regulations.

Extension Time of Temporary Positions

Temporary positions are those created and filled to satisfy a short term, particular need and are of limited duration. It is not the intent that temporary positions be used to fill regular vacancies.

Extension of time for a temporary position must be approved by the Director of Personnel Services or designee.

Change from Temporary to Regular

When a position is changed from temporary to regular, the position is considered a new position and shall be treated consistently with the policies governing: hiring procedures for staff personnel.

The incumbent of the temporary position must apply in order to be considered, along with other applicants, for the regular position.

Temporary employees who become regular employees will begin receiving all benefits on the date that they become regular employees.

Temporary employees may be released from employment at any time without cause or prior notice and do not have recourse to the grievance procedure.

Limitations

Temporary or Occasional Employees:

· Do not accrue vacation time.

· Do not accrue medical leave.

· Do not receive pay for holidays not worked.

· Do not have group insurance privileges.

· Do not have tuition waiver privileges.

· Are not entitled to military leave provided by statues.

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 normally 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 normally worked are less than 40, the employee will be considered temporary part-time.

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

Additional Employment

All additional ENMU employment exclusive of the employee's primary duties must have prior approval of the executive administrator and the director of Personnel Services

EMPLOYMENT POLICIES AND PRACTICES

Age Limitations

Normally the University does not employ persons under 18 years of age. Any exceptions must be approved by the executive administrator of the hiring organization and the director of Personnel. Applicable federal and state laws are observed.

Change of Employee Status Procedure

Any change in the status of an employee, including name, address, position, salary, etc., is processed via a Personnel Action Notice (PAN) completed by the employee's department and forwarded to Personnel Services. Employees are responsible for providing any change in status to the appropriate person in their department.

Any change in salary or title must be approved by the involved dean or director and executive administrator after consultation with the director of Personnel and the president/provost.

The following changes require the employee's signature for authorization and the employee contacts the department indicated for the following changes:

Change of Employee Status
Change to be Made	Office
Withholding	Payroll
Group medical Benefits and Life Coverage	Payroll
Personal Deductions (savings bonds, credit unions, annuities, etc.)	Payroll
Bank Deposits	Payroll

A salary or account number change is effective on the first day of the pay period following notification of the change. A salary increase submitted after the payroll cut-off date is effective on the first day of the next pay period.

CODE OF CONDUCT

General Policy

In accepting a position with the university, it shall be understood that an employee will assume an obligation to be acquainted fully with the mission, philosophy, purposes, and objectives of the institution. Employees shall agree without reservation to maintain a high level of performance and carry out effectively all other assigned duties.

Business Ethics

Employees of the university shall maintain the highest standards of business ethics in transactions with the university and the public. Employees of the university will not act on university matters on the basis of personal interest nor will they divulge confidential information to unauthorized persons. Eastern New Mexico University places employees under fidelity bonds.

Outside Activities

Employees of the university are expected to perform their duties faithfully and efficiently. An employee should not cause 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

Conflict of interest occurs when an employee is in a position to influence a decision that may result in a personal gain for that employee or for a relative as a result of the university's business or professional dealings. The university's general policy prohibits:

1. accepting gifts or loans from persons with whom the employee has had official duties within the last two (2) years;

2. participating in any official act affecting a business in which the employee has an official interest or is acquiring a financial interest in said business;

3. using confidential information acquired from state employment for personal profit;

4. certain types of contracts between state agencies and present or former employees or with members of the legislature.

New Mexico law 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, and imposes other rules of conduct in transactions between state employees and state agencies.

Any Eastern New Mexico University employee or employee's spouse who has a financial interest in a business must publicly disclose this interest to the purchasing agent before Eastern New Mexico University can purchase goods or services from this business. The purchasing agent will follow procedures outlined in the Procurement Code purchasing goods or services. The public disclosure must be made in writing annually and will be maintained in the Purchasing Department.

The employment of immediate family members (spouse, parent, grandparent, child, grandchild, siblings and same relationships created by marriage) in the same work areas of an organization can cause serious conflicts and perceived problems of favoritism (see Employment of Relatives section in this handbook).

EMPLOYEE PERSONNEL INFORMATION DISCLOSURE POLICY

General Policy

The university recognizes that as a public institution, it has an obligation to the citizens of the state and a legal mandate from the legislature of the state to disclose on request the gross 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 gross salary of each university employee is on file for public inspection.

All other employee personnel information is private and will not be generally disclosed (except as required by federal and state laws and regulations).

General personnel information not involving individual employees (average salary paid employees in a particular position, salary grade or grades for a position or positions or percent of minority employees in a specific position or positions, etc.) may be disclosed by proper university officials. (For example, to a university 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 an employee handbook will be on file in Personnel Services for public inspection where appropriate.

Salaries and other employee information requested by appropriate 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. Written requests by credit companies and retail establishments for salary and employment verifications will be honored by Personnel Services.

Disclosure Procedure

Requests for gross salary and other employee information regardless of the source made directly to any department should be forwarded to Personnel Services for reply. All personnel records are considered confidential and the property of the university. Personnel records and files will therefore be available or disclosed only to those persons who are authorized by the university to have access to them on a need to know basis, or other such persons authorized by the university under legal rights to review or obtain applicable parts of such records.

Salary and working conditions are communicated to individual employees by their supervisors.

Employees may have access to all information in their own personnel file, such as PAN's, payroll data, performance evaluations, and other normal employment data (including disciplinary actions) initiated by the university. The only articles that may not be seen by an employee are confidential letters of recommendation which should be kept in a separate jacket or clip inside each folder.

Employment of Relatives

Relatives are defined as members of a person's immediate family and includes spouse, child, grandchild, parent, grandparent, siblings and same relationships created by marriage.

Employment of relatives is acceptable with the limitations specified below:

Relatives may be employed in separate departments, but no relative can be employed in the same department where one of the relatives holds supervisory rank or has hiring authority without the advance approval of the President.

If there is a change in the family relationship or rank which would violate the above policies, the situation must be corrected within six (6) months by the transfer, resignation, or discharge of one or more of the employees so related.

OVERTIME

General Policy

Generally, workloads and work schedules are arranged so that the employee's duties and responsibilities can be accomplished in a normal forty (40) hour workweek. In cases of emergency or in unique situations overtime may be worked.

Definition

Overtime is time worked in excess of forty (40) hours in a standard work week.

Authorization

Overtime must be authorized by the appropriate dean, director, executive administrator or provost. If an employee works overtime without prior authorization, appropriate disciplinary action may be imposed.

Payment of Overtime

Support Staff receive additional compensation for overtime worked. Such additional compensation is paid at one and one-half (1 1/2) times of the regular or straight time rate of pay.

Time charged to vacation, medical leave and holidays will be considered straight time worked in computing overtime.

Accrued time charged to vacation, medical leave, and holidays will be computed as straight time worked.

Payment for overtime is normally included in the regularly scheduled paycheck following receipt of the employee's time report by Payroll.

Recording Overtime

Overtime is recorded on the employee's time report to the nearest one-fourth (1/4) hour.

Compensatory Time

Compensatory time may be granted in lieu of payment for overtime at the discretion of the immediate supervisor and employee. If compensatory time is the option elected, a log must be kept in writing. Compensatory time is one and one-half (1 1/2) hours off for each hour worked above the forty (40) hour work week. Time off should be taken within a reasonable length of time determined by the immediate supervisor and the employee.

Probationary Period

All support employees hired into a regular position are hired on a probationary basis for the first six (6) months of employment.

Support employees serving a probationary period will be evaluated at the end of three (3) months and at the end of the six (6) month period. Evaluations will be discussed with the employee. An employee may be terminated during the probationary period without cause or recourse.

PROMOTION AND TRANSFER

General Policy

Most new positions and job vacancies are filled from within the University by promotion or by transfer of qualified and interested persons.

Positions Covered

All regular positions or vacancies (full-time and part-time) are covered by this practice. Temporary and occasional positions are not covered by this policy.

Qualifications for Promotion or Transfer

All promotions or transfers are based on training, experience, and past performance without discrimination as noted in the AA/EEO policy statement.

Eligibility

All regular employees are eligible under this policy.

All temporary employees, occasional employees, and student employees are excluded from this policy.

Eligible employees who are interested and believe they have the requisite experience, education, and skill required to fill the available position, should first notify their supervisor and then apply for the position at Personnel Services.

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

Employees promoted or transferred to a different position after completion of their initial probationary period serve a new probationary period of up to six (6) months to demonstrate their ability to perform the new job satisfactorily.

When qualifications of two (2) or more employees are substantially similar, seniority and the following priorities shall be used.

· Regular Full-Time

· Regular Part-Time

· Outside Applicants

A regular full-time employee with less seniority may receive consideration over a more senior regular part-time employee.

GRIEVANCE AND COMPLAINT PROCEDURE

Overview

The objective of this procedure is to resolve grievances equitably and at the lowest level of management possible. This procedure strives to protect the rights of employees and the university's authority to manage the work force. The complexity of policies and regulations governing the university combined with the diverse work assignments, occasionally result in disputes. Recognizing the potential for conflict, the university promotes a "structured" method for a fair resolution of grievances. Moreover, there shall be no retaliation against employees who initiate complaints or grievances against the university.

Definitions

A distinction needs to be made for terms that are often interchanged. For this grievance procedure the terms "grievance" and "complaint" are defined as follows.

Complaint: A charge of improper or unfair treatment in violation of a state or federal statute. For example, discrimination based on national origin is an action that would generate a complaint.

Grievance: An allegation by a university employee that there has been a violation or improper application of the terms and conditions of the particular employee handbook. A grievance can also be an allegation regarding improper, or discriminatory application of the university's policies and practices relating to terms and conditions of employment as stated in a contract.

Affirmative Action Officer (AAO)

This procedure requires the university affirmative action officer (AAO) to provide assistance to employees contemplating or filing complaints/grievances. The AAO should attempt to resolve issues between parties, and if necessary facilitate the formal appeals processes as outlined below. The AAO shall provide assistance to those employees who are selected by the administrators to be organizational facilitators, as described in the following section.

Employee Organizational Facilitator (EOF)

Executive administrators or provosts can identify at least one person to act as an employee facilitator. This person assists and otherwise facilitates the grievance or complaint process. The facilitator helps the complaining employee identify and narrow allegations. The facilitator can be a support or professional employee, and should be recognized as a person with integrity, compassion, and the ability to communicate effectively.

Grievances will follow internal procedures described in the next section. Certain complaints such as allegations of sexual harassment or other discriminatory treatment, will be treated on an expedited basis, but will follow the same general procedure as grievances. Working with appropriate managers and administrators, the AAO and EOF will attempt to determine the validity of the grievance, and the remedy sought by the grievant.

Procedures

Phases

There are three distinct phases of the grievance resolution process, and several possible steps within each phase.

· Phase 1 - Informal

· Phase 2 - Mediation

· Phase 3 - Formal

Phase 1 - Informal

Most grievances are (or can be) resolved informally at the immediate (first) level of supervision. Occasionally informal resolution for grievances are made at the second level of supervision. Employees are encouraged to attempt to resolve their grievance with the help of their immediate supervisors and if necessary, take unresolved grievances to the "supervisor's supervisor."

The minimum steps employees are expected to take for informal grievance resolution include:

1. Consultation with immediate supervisor. If the grievance is not resolved then proceed to step 2.

2. Consultation with the next higher (second level) supervisor. If the grievance is still unresolved then the second level supervisor records the date of the meeting, and a brief narrative of the discussion with the employee

If the grievance remains unresolved after meeting with the second level supervisor, the employee has a maximum of thirty (30) calendar days to file a written grievance with the AAO

Phase 2 - Mediation

The Phase 2 process involves a university or grievance facilitator. The person(s) is assigned by the executive administrator to mediate grievances. The affirmative action officer (AAO) services in this capacity. Phase 2 is a combination of informal and formal requests by the AAO and EOF to:

1. determine what supervisor and administrator has responsibility for the employee,

2. gather pertinent facts, and

3. attempt resolutions based on the findings.

Step 1

As noted at the end of Phase 1, the employee has 30 calendar days to submit a written grievance to the AAO after pursuing an informal resolution. The written grievance is detailed on Form GR1 and filed with the AAO. The AAO will assure that pertinent information, including the desired remedy, is explained. The EOF is expected to assist the grievant in completing Form GR1.

In conjunction with form GR1 and AAO will initiate Form GR2 which is designed to record deadline dates and track progress for official records.

Step 2

Upon receipt of a completed (including signature) Form GR1, the AAO will notify all parties in writing within five (5) working days.

Step 3

Upon notification, the respondents have the maximum of five (5) working days to answer the grievance in writing.

Step 4

Within five (5) working days after receipt of the written responses, the AAO will meet with the grievant and the respondent to mediate a resolution. The grievant may request the presence of the EOF. A single meeting with both sides participating is encouraged. If a resolution that is satisfactory to the grievant is reached, the process is complete. If not, the grievant has five (5) working days to request a hearing by the grievant's constituent appeals panel. Completion of Form GR2, section II, will signify whether the grievant wishes to proceed into Phase 3.

Phase 3 - Formal

The support employees will elect a panel from the support employee constituency to hear grievances that are forwarded to them by the AAO.

Grievances not resolved during Phase 1 or 2 can be submitted to the grievant's constituent appeals panel for resolution recommendations. As noted in Phase 2, the grievant has the maximum of five (5) working days from the end of Phase 2 to request a hearing.

Upon determination by the AAO that the grievant has signed the appropriate block of Form GR2, section II, indicating a request for a hearing, the AAO will notify the appeals panel chairperson, in writing, within five (5) working days. The appeals panel chairperson will acknowledge the hearing request, in writing, within five (5) working days. The acknowledgment will be addressed to the grievant, the grievant's supervisors, the AAO, and the executive administrator/provost. The constituent appeals panel will convene within thirty (30) calendar days to review materials from Phases 1 and 2, solicit additional materials from university sources, hear testimony from both sides, and ultimately submit a recommendation to the grievant's executive administrator/provost. The time needed for the panel to complete its work is set at five (5) working days. However, the complexity of some grievances might require an extension of time. Approval from the executive administrator/provost, using input from the AAO, constituent appeals panel, or other sources of information is required to extend the panels deliberation time.

The grievant's executive administrator/provost, after reviewing all materials and considering the panel's recommendation issues the final decision which is subject to presidential review. There are no provisions to appeal this final decision.

The executive administrator/provost shall notify the grievant, constituent panel, administration, managers, and other involved employees as soon as possible. Disclosure of specifics used to reach a decision is at the discretion of the executive administrator/provost and within the bounds of administrative confidentiality.

Forms GR1 and GR2 are available in Personnel Services.

REHIRE AND REINSTATEMENT

Definitions

Rehire: The re-employment of any former employee of the university who terminated for reasons other than layoff.

Reinstatement: The placing back on payroll of any employee who has been temporarily off payroll due to termination because of layoff.

Benefits Treatment

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

Layoff 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 rate for vacation, medical leave, and other benefits.

SENIORITY

General Policy

A seniority policy has been established to determine priorities in promotions and transfers, when ability, skill, training, and other relevant qualifications are equal as determined by the university. Nothing in this policy shall be deemed to override qualifications of employees as the primary consideration in promotions, transfers, etc.

Definition

Seniority is defined as an employee's length of continuous employment at 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

Seniority is computed from the first day of employment, but employees are not entitled to exercise any seniority rights until they have 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 a regular employee, 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.

Seniority shall be based on length of service at the University.

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 eight (8) official types of terminations.

Resigned: Employee's request. In the event an employee decides to resign, a written resignation must 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 walked off the 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.

Employee fails to return to work within the prescribed time limits following a leave for extended illness, injury, or personal reasons.

Released: Termination at the end of the temporary employment.

Relieved: Employees terminated during the six (6) month probationary period. Probationary employees may be terminated any time prior to completion of the probationary period without cause or recourse.

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

Discharged: Employees terminated after corrective discipline has failed or the seriousness of the conduct or situation so warrants. (See University's Right to Manage, Discipline and Discharge on page 16.)

Retired: Employees retired under the New Mexico Educational Retirement Act.

Deceased

Notice of Termination

All layoff and or discharge cases should have prior consultation with the director of 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 the director of Personnel Services as soon as practical.

Temporary employees, probationary employees, and employees being discharged for cause, should be given reasonable notice, where practical, but no minimum notice is required.

Pay in Lieu of Notice

Pay in lieu of notice may be given at straight time rate when giving notice is not practical. Pay in lieu of notice will not be granted if, in the judgment of the university, it is determined that immediate discharge for serious misconduct is warranted, or if employee is terminated during probationary period.

Normally, disciplinary action will be taken prior to discharge. Where disciplinary action has failed, an employee may be discharged and given pay in lieu of notice.

Termination of Employment Procedure

To protect both the employee and the university, and for official records to determine if an employee is eligible for unemployment compensation, the following is to be used for all terminations:

The department shall complete a Personnel Action Notice (PAN) and a Notice of Employee Separation form. These forms must be submitted for approvals on or before the last day of employment.

The supervisor must confirm the last day actually worked by the terminated employee and the number of accrued vacation hours to be paid to the employee. The supervisor must also confirm that the employee turns in university property, tools, keys, Eastern New Mexico University Automobile Operator's Permit, etc., for which the employee is accountable. Any accounts receivable balance must be cleared on or before the last day of employment.

Layoff Cases

Reasonable efforts will be made to place an employee 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, as defined on page 13 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, page 13, for benefits treatment upon reinstatement.

TESTING

Only validated employment tests will be given by the University and all testing will be administered by Personnel Services or its authorized designee (including typing tests for clerical/secretarial applicants).

TRAVEL AND MOVING EXPENSES

University policy determines allowable expenses for interviews and moving following employment with the University. The appropriate area executive administrator determines if moving expenses will be allowed.

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 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 remove employees from positions within the university; to suspend, demote, discharge, or take 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.

Note: Documentation concerning offensive behavior that has been corrected for a period of three (3) years shall be removed from an employee's personnel file upon the request of the employee.

Note: In accepting a position with the university, employees shall agree without reservation to maintain a high level of performance and carry out effectively all other assigned duties.

Corrective Discipline

Adequate cause for suspension, termination or other disciplinary action including written reprimands, suspension with or without loss of pay, or other disciplinary action may result from an employee's refusal or willful failure to perform duties, 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 work force.

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, the 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, termination). The type of corrective discipline should be based on the circumstances of the case.

Types of Corrective Discipline

Verbal Warning: This is generally used for minor misconduct to correct minor faults in employee performance.

Documented Warning: 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 and the next level supervisor should indicate this on the form, sign, date and forward it to Personnel Services.

Suspension: The university may suspend an employee with or without pay. If suspension will be without pay, a pre-suspension hearing must be held. An employee may be suspended without pay for serious offenses or for continued low performance or misconduct after previous attempts at correction have failed. Suspensions without pay shall not exceed fifteen (15) working days. Employees may not charge suspension time to vacation or other type of paid time off.

Discharge: Discharge is a possible consequence of failure to correct performance deficiencies. An employee may be discharged 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 discharge policy does not apply to probationary employees who may be terminated without cause or recourse any time prior to completion of the probationary period. (See Termination of Employment, Page 14)

Disciplinary Steps

All steps should be documented by the supervisor using the employee warning record which may be obtained from Personnel Services.

Step 1

Verbal Warning: In most instances, supervisors will give employees a verbal warning that their performance is deficient and will state the required action to correct the problem. This verbal warning will be documented.

Step 2

Written Reprimand: The written reprimand must be discussed with the employee, including a discussion of the consequences of continued poor performance, e.g., suspension. A copy will be given to the employee and an original placed in the employee's official personnel file. The following information is included on the formal documented warning:

Date of Notice

Name of Employee

Employee's Position and Work Area

Detailed Description of the Offense

Citation of Policy or Procedure Violated

Statement of Consequence of a Repeat

Step 3

Termination: Failure on the employee's part to correct the action(s) or offense(s) and/or continuance of offensive behavior will be grounds for dismissal.

Discharge from employment for just cause may result from any violation, including but not limited to:

Willful neglect or non-performance of one or more assigned duties.

Demonstrated incompetence in the performance of one or more assigned duties.

Behavior that interferes with the mission or normal operation of the university, the department or any members of the work force.

Insubordination, which shall include refusal to carry out a direct order.

Dishonesty in the performance of assigned duties.

Chronic absenteeism or tardiness without reasonable excuse.

Possession or use of alcohol or a nonprescribed controlled substance during any period of assigned work or while on university premises where alcohol is not permitted.

Theft

Dishonesty on an application for employment

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. Discharge 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 is practical.

WORK SCHEDULES

Work schedules will be established for each employee by their supervisor. Supervisors may change such schedules based on the needs and requirements of the work unit.

Work Day: A full-time position shall consist of five (5) eight (8)-hour days per week or four (4) ten (10)-hour days per week. Meal periods will be unpaid. However, employees may be required to work other days and hours within the work week as deemed appropriate by university administration.

Work Week: A full-time position will consist of forty (40) hours between 12:01 am Monday and 12:00 midnight Sunday.

Shift Differential Pay: For a full-time position during which an employee is required to work a schedule other than the established work day, shift differential pay will be used. Shift differential pay will be based on three, eight-hour shifts in any twenty-four hour period. The daytime shift receives the base rate of pay, the second shift (swing) receives one additional step, the third shift (graveyard) receives two additional steps.

Attendance and Tardiness

Consistent attendance and punctuality are considered imperative to Eastern New Mexico University operations, and therefore are an integral part of each employee's performance standards based on objective measurements. Poor, uncertain, or irregular attendance produces disruptive interference with the university's mission. Excessive absenteeism and tardiness, which renders an employee insufficiently available for work will be evaluated on a case-by-case basis to determine the merits of retention or termination.

Rest Periods

The university provides two rest periods, not to exceed twenty (20) minutes each: one in the morning and one in the afternoon. Rest periods can be scheduled by the supervisor and employee, usually on a staggered basis to ensure that no office or department goes unstaffed. Rest periods cannot accumulate for the purpose of taking extended lunch periods, quitting early, or taking other times off.

Lunch Periods

Lunch periods are one (1) hour in duration and can be scheduled by the supervisor and employee on a staggered basis depending on the needs and requirements of the work unit.

BENEFITS

LEAVE WITH PAY

Medical Leave

General Policy

The University recognizes that employees may become ill or injured, and that time off with pay must be provided to protect employees during those periods (including pregnancy). It is not the intent, however, that medical leave benefits be used for any other purpose other than illness or injury.

Use of Medical Leave

Medical leave is used only for:

1. The illness or injury (include pregnancy) of the employee or of an immediate family member. Immediate family means: spouse, parent, grandparent, child, grandchild, siblings and same relationships created by marriage.

2. Quarantine of employee's household.

3. Partial days while recovering from an illness or injury.

4. Medical, eye, or dental examinations.

Accruing Medical Leave

Only regular employees who work at least half-time are eligible. Regular part-time employees who work less than half-time, temporary, and occasional employees do not accrue medical leave.

Medical leave is accrued during actual time worked, during paid medical leave, vacation time, holidays and leave 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 sick leave on the day they become regular employees. The accrual rate will be based on the date the employee was hired as a temporary employee, provided there has been no break in employment between the temporary and regular assignment.

Regular support employees accrue medical leave in accordance with the following schedule:

Full Time (40 hours per week)
Years of Employment	Hours/Month	Hours/Year
1^st year	7	84
2^nd year	10	120
3 or more years	14	168

Three-Fourths Time (30 hours per week)
Years of Employment	Hours/Month	Hours/Year
1^st year	5	60
2^nd year	7.5	90
3 or more years	10.5	126

One-Half Time (20 hours per week)
Years of Employment	Hours/Month	Hours/Year
1^st year	3.5	42
2^nd year	5	60
3 or more years	7	84

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

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

Medical Leave - Maximum Hours/Month
Type of Employee	Minimum Hours/Month
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.

Medical leave accruals may not be converted to cash.

Medical Leave Practices

Notification

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

Physician's Statement

At the supervisor's discretion, a physician's statement may be required for an absence due to illness. The physician's statement should certify that the employee was under the doctor's care during the period of absence and was unable to work. The university reserves the right to require a physician's statement that an employee is physically able to return to work. Employee's who become ill while on vacation, must present a physician's statement verifying the period of illness after which the employee may charge the time off to medical leave rather than vacation.

Time Charged

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

An employee may elect to charge medical absence 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, the employee may elect to request in writing other leave such as leave without pay, medical bank leave, family and medical leave, etc.

Transfer Provisions

Employees may retain unused medical leave on transferring from one university department to another.

Rehire Provisions

All former employees who are rehired will be considered new hires for purposes of computing accrual rate of medical leave.

Accident/Emergency Procedures

All accidents and injuries, no matter how minor the injury may appear, sustained by employees in the course of his/her employment must be immediately reported to the supervisor. It is the supervisor's responsibility to notify the Purchasing Office of the accident as soon as possible. An Employer's First Report of Accident form must be completed in the Purchasing Office and a copy forwarded to Personnel Services.

Any employee witnessing an accident or injury involving an employee, student, or visitor should notify the purchasing agent.

Workers' Compensation

If injured on the job, university employees are protected under the New Mexico Workers' Compensation laws. 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 and the reporting procedures as outlined in the ENMU Administrative and Governance Policies and Procedures Manual under the "Workers' Compensation Insurance" section.

An employee returning to work from a Workers' Compensation-related accident must submit to Personnel Services a medical statement from the attending physician that the employee is physically able to return to full duties.

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

Vacation is not accrued during unpaid leaves of absence.

Temporary employees who work at least half-time who become regular employees without a break in service will begin earning vacation on the day they become regular employees. The accrual rate will be based on the date the employee was hired as a temporary employee, provided there has been no break in employment between the temporary and regular assignment.

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.

New employees' vacation accruals start at the date of hire; however, new employees are not permitted to use vacation time during the first three (3) months of employment. If any employee is absent during the first three (3) months, that time off will be charged to leave without pay (LWOP).

New employees who terminate, for any reason without completing three months of consecutive employment, will not be paid for any accrued vacation.

Temporary or occasional support staff do not accrue vacation.

Vacation leave taken which exceeds accruals will be leave without pay (LWOP).

Full Time Accrual Rates (40 hours per week)
Years of Employment	Hours/Month	Hours/Year
1^st year	7	84
2^nd year	10	120
3 or more years	14.66	176

Three-Fourths Time Accrual Rates (30-39 hours per week)
Years of Employment	Hours/Month	Hours/Year
1^st year	5	60
2^nd year	7.5	90
3 or more years	10.5	126

One-Half Time Accrual Rates (20-29 hours per week)
Years of Employment	Hours/Month	Hours/Year
1^st year	3.5	42
2^nd year	5	60
3 or more years	7.33	88

To earn vacation for a given month, employees must work a minimum number of hours in accordance with schedule below:

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

Vacation Leave - Maximum Accrual Hours
Type of Employee	Minimum Hours/Month
Full-time	240
3/4-time	180
1/2-time	120

Scheduling Vacation

While vacations 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. Vacations are normally taken in full-day units, but may be taken in hourly increments. An employee who has exhausted medical leave benefits may use accrued vacation leave.

Approvals for Vacations

Vacation is taken with the approval of the employee's immediate supervisor. Exceptions to normal vacation policies must be approved by the director or dean and executive administrator/provost.

Time Charged

Time charged to vacation leave may not exceed accrued vacation leave.

Employees have the option, but are not required, to use accrued vacation leave upon exhaustion of medical leave.

Payment for Vacation Credits

Upon termination, employees will be paid for unused vacation credits (not to exceed 240 hours) based on employee's straight time rate of pay. Payment for accrued vacation is based on the employee's straight-time rate of pay.

When a vacation period includes a paid holiday, the holiday is not charged as a day of vacation.

Employees engaged through externally funded grants/contracts with the university who are terminating their employment must either: (1) take their accrued vacation during the contract period in which they are terminating their employment, or (2) terminate in sufficient time prior to the end of the contract period so that payment of unused vacation credits will not exceed the total monies provided in the contract.

Transfer Provisions

Employees may retain unused vacation on transferring from one University department to another.

Rehire Provisions

Any former employees who are rehired will be considered new hires for vacation policy 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

Only regular employees (full-time or part-time who work twenty (20) hours or more per week) are eligible for paid holidays. Temporary or occasional employees are not eligible for paid holidays.

Holidays Observed

· Workday preceding New Year's Day

· New Year's Day

· Memorial Day

· Independence Day

· Labor Day

· Thanksgiving Day

· Friday following Thanksgiving Day

· Workday preceding Christmas Day

· Christmas Day

Special Circumstances Regarding Holidays

When a holiday falls on Saturday, an employee who normally works Saturdays observes the holiday on Saturday. All other employees observe the preceding workday.

When a holiday falls on Sunday, an employee who normally works Sundays observes Sunday. Any other employee observed the following workday within the work schedule.

When New Year's Day or Christmas Day falls on Saturday or Sunday, the workday given in lieu of New Year's Day or Christmas Day shall be used in determining the preceding workday.

Regular support staff employees required to work on a holiday receive pay for the hours worked at one and one-half times their current straight time rate of pay plus a day's pay for the holiday.

Temporary employees required to work on a holiday receive straight time pay only for the hours worked.

For purposes of computing overtime for support staff, holiday time will be considered as time worked.

The University reserves the right to adjust the actual observance of all holidays so as to permit efficient schedules.

Exceptions

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

Written approval is obtained from Personnel Services covering all positions regularly involved.

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 holiday policy.

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 may be authorized to observe holidays which are applicable to the organization within which the work is performed, provided:

Written approval for exception is obtained from Personnel Services covering all positions regularly involved. The request for exception must name each holiday to be observed.

In no case will observation of all holidays applicable to both organizations be permitted unless both organizations observe the same holidays.

Each employee affected will be advised of this holiday policy.

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

PERSONAL LEAVE WITH PAY

Eligibility

All regular employees, who work 20 hours per week or more, are eligible for personal leave with pay. Employees who work fewer than 20 hours per week, temporary, and occasional employees are not eligible for leave with pay.

Notice

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

Employees must receive their supervisor's permission before leaving the work place during working hours unless unusual circumstances preclude requesting such permission.

Types of Leave With Pay

Bereavement

Employees will be granted personal leave with pay for deaths in the employees' immediate family up to a maximum of five (5) working days. Immediate family means spouse, child, grandchild, parent, grandparent, sibling and same relationships created by marriage.

Emergency Closing

Employees will be granted personal leave with pay on occasions when the University is declared closed by the president (i.e., cases of inclement weather, national emergency, etc.). Employees required to work on such days will be paid in accordance with holiday pay

Voting

Employees who are registered voters are granted, at their request, time off from University duties to vote in a government election. Such time off within the daily work schedule is paid at straight time rate to a maximum of two (2) hours.

Jury Duty and Enforced Court Attendance

Employees will be granted personal leave with pay when summoned for jury duty or subpoenaed to testify as a non-part witness. To be eligible for such pay, employees must provide a copy of the summons or subpoena to their supervisor and must remit the money received or a statement of waiver of payment from the court to the University Business Office.

Reinstatement

Employees on leave with pay will return to their former position which will be held for them. If necessary, temporary employees may be hired to perform the employees' duties while they are on personal leave with pay.

Personal Leave With Pay Procedure

To record a leave of absence with pay, the supervisor will mark "leave with pay" and the specific reason on the employee's time report form.

MILITARY LEAVE OF ABSENCE

The university grants military leave to regular employees during the time they are on active duty in the state and federal armed services. Upon receipt of official military orders, an employee must present the orders or other evidence indicating that the employee is entering active military duty.

Services Covered

United States Army, Navy, Air Force, Marine Corps, Coast Guard, National Guard and their respective reserve components, New Mexico Guard, New Mexico State National Guard, U.S. Public Health, U.S. Coast and Geodetic Survey, and their reserve components.

Types of Active Duty

Annual Duty for Training

Training with the Reserve, National and State Guard. Such training is normally for two (2) weeks or a fifteen (15) day period.

Special Training

Voluntary active duty for a special purpose such as attending an Armed Forces School.

Local Emergency

Active duty for individuals ordered out in a local emergency by the President of the United States (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 of the United States in a declared emergency.

Obligated Service

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

Enlisted Services

Normally a tour of three-year or more active duty tour resulting from voluntary enlistment.

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 fifteen (15) work days per calendar year. Such military training allowance is paid at the employee's straight time rate of pay.

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. Such leave may be charged to accrued vacation leave.

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:

University's circumstances have not changed so as to make it impossible or unreasonable.

Employee is released from active duty under honorable conditions, and

Employee is still qualified to perform the duties of such position, and

Employee on military leave of absence should not lose any seniority and should be entitled to participate in insurance and benefits consistent with policies for employees on leave of absence.

Employee makes application for reinstatement to the director of University Personnel Services:

Within 90 calendar days after release from national emergency, obligated or enlisted service, or from hospitalization continuing after release for not more that 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.

Occupational Deferments

The University does not seek occupational deferments for employees.

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

1. 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.

2. 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.

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

4. 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

1. 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.

2. The employee must have exhausted all accrued leave time.

3. 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

1. 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.

2. Donations to the bank are voluntary and are irrevocable.

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

4. 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.
The employee will present his/her appeal to the President/Provost who will act upon the recommendation within five (5) business days.
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.

LEAVE WITHOUT PAY

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:
1. inpatient care in a hospital, hospice, or residential medical care facility; or
2. 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 ½ of one available FMLA leave week for every ½ 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.

PERSONAL LEAVE WITHOUT PAY (LWOP)

General Policy

The university may, in its discretion, grant leaves without pay (LWOP) to employees in case of illness, injury, personal reasons, school attendance, illness in family, and for other bona-fide reasons.

LWOP will be granted only after medical and vacation leave are exhausted.

Group insurance may be continued while the employee is on leave, provided the full payment for the insurance is made by the employee in advance of the leave and the vice president of Business Affairs and the insurance company allows such continuation.

The regulations of the New Mexico Educational Retirement Board prohibit the payment of retirement contributions if the employee does not receive a salary, and payments must be discontinued during the period of LWOP.

Eligibility

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

Length of Leave Without Pay

Length of Leave Without Pay

Reason

Maximum

Initial Period

Maximum