8.44 – LOA – Domestic Abuse

In compliance with NMSA 1978, §§ 50-4A-1 et seq, the New Mexico Promoting Financial Independence for Victims of Domestic Abuse Act (“NMPFIVDAA”), the university offers Domestic Abuse leave for up to fourteen (14) days per calendar year.

PART 1: DEFINITIONS

The definitions provided or cross referenced within the NMPFIVDAA shall apply, including but not limited to:

1. “Domestic Abuse” is defined by state law, and means:
   1. an incident of stalking or sexual assault whether committed by a household member or not;
   2. any incident by a household member against another household member consisting of or resulting in physical harm, severe emotional distress, bodily injury or assault, a threat causing imminent fear of bodily injury by any household member, criminal trespass, criminal damage to property, repeatedly driving by a residence or work place, telephone harassment, harassment, harm or threatened harm to children as set forth above; and
   3. Domestic Abuse does not mean the use of force in self-defense or the defense of another.
2. “Employee” means any person employed by NMSU.
3. “Family Member” means a minor child of the Employee or a person for whom the Employee is a legal guardian.
4. “Order of Protection” means a court order granted pursuant to the Family Violence Protection Act.
5. “Retaliation” means adverse action against an Employee, including threats, reprisals or discrimination for engaging in the protected activity of taking Domestic Abuse leave.

PART 2: AUTHORIZED LEAVE/IMPACT ON OTHER BENEFITS

1. Domestic Abuse leave for purposes of this Rule is leave taken due to the Domestic Abuse of an Employee or an Employee’s Family Member, including but not limited to: obtaining or attempting to obtain an Order of Protection or other judicial relief from Domestic Abuse, meeting with law enforcement officials, consulting with attorneys or victim advocates, attending court or other administrative agency proceedings.
2. Unless the Employee opts to use accrued sick or annual leave, compensatory time or other available paid time off, the Domestic Abuse leave shall be leave without pay.
3. The university shall not withhold pay, health insurance coverage or another benefit that has accrued to the Employee when an Employee takes Domestic Abuse leave.
4. Time taken for Domestic Abuse leave will not be included in calculating eligibility for benefits.

PART 3: NOTICE

When an Employee must take Domestic Abuse leave under emergent circumstances, the Employee or the Employee’s designee shall give notice to the supervisor or employer within 24 hours. Otherwise, Employees shall provide as much notice as possible under the circumstances.

PART 4: VERIFICATION DOCUMENTATION

Employees must provide the Office of Human Resource Services with verification of the leave in a timely fashion.  The verification may be:

1. A copy of a police report indicating that the Employee or Family Member was a victim of Domestic Abuse;
2. A copy of an Order of Protection or other court evidence produced in connection with an incident of Domestic Abuse; however, the provision of such documentation shall not constitute a waiver of confidentiality or privilege; or
3. A written statement signed by the Employee’s attorney, district attorney, district attorneys’ victim advocate, or prosecuting attorney stating that the Employee or Employee’s Family Member is scheduled to appear in court in connection with an incident of Domestic Abuse.

PART 5: CONFIDENTIALITY AND LIMITED DISCLOSURE

1. The university shall not disclose verification documentation or information contained therein, and shall maintain confidentiality of the fact that an Employee or Employee’s Family Member was involved in a Domestic Abuse incident, that the Employee requested or took Domestic Abuse leave, and that the Employee made any written or oral statement about the need for Domestic Abuse leave.
2. The university may disclose such information only when the Employee consents or when a court or administrative agency orders the disclosure, or when otherwise required by state or federal law.

PART 6: RETALIATION PROHIBITED

The university shall not penalize or in any other way retaliate against an Employee for requesting or taking Domestic Abuse leave.