8.55 – Leave Without Pay | Administrative Rules and Procedures (ARP)

Leave without Pay (LWOP) for a period up to 90 calendar days may be requested by an employee and either approved or disapproved by the director/department head. Refer to ARP 8.45 LOA – Family and Medical for leave without pay granted in accordance with the Family and Medical Leave Act.
Requests for LWOP in excess of 90 days should be requested by the employee to the department head/director. If the department head/director recommends approval, the request is forwarded through the dean or vice president to the Office of Human Resource Services for consideration. Circumstances in individual cases will determine if such leave will be granted.
An employee who is granted a leave of absence without pay must make arrangements through the Office of Human Resource Services to pay the full cost (employer and employee) of insurance premiums and make timely payments to university accounts receivable (See ARP 8.52 LOA – Educational (with and without pay) and ARP 8.53 LOA – Professional Leave (Without Pay) for payment requirements). Employees who do not make timely premium payments by the last day of the month are subject to having their coverage cancelled.
Annual and sick leave do not accrue during LWOP.
All days, including legal holidays, in the interim period between the date LWOP commences and the date the employee actually returns to work are taken without pay. For exempt employees, leave without pay will begin on the first eight hour day and end on the last eight hour day of the leave period. Any partial days, taken immediately before or after the official LWOP period, shall be deducted from leave accrued upon return.
An appointing authority may involuntarily place an employee on leave without pay if approved by the Office of Human Resource Services and provost and chief academic officer.
LWOP (including LWOP due to educational leave) will not be granted to an individual who has annual leave unless specifically approved by the provost and chief academic officer, except under the Family and Medical Leave Act.

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Scope: NMSU System

Source: ARP Chapter 8 | HR-Benefits

Responsible Executive: Vice President Administration and Finance

Responsible Administrator: AVP Human Resource Services

Last Updated: 06/20/2013

Cross-Reference:

ARP 8.45 - LOA – Family and Medical

ARP 8.52 - LOA – Educational (With and Without Pay)

ARP 8.53 - LOA – Professional Leave (Without Pay)

Revision History:

08/31/2023 Title change from "provost and senior vice president for academic affairs" to "provost and chief academic officer"
2017 Recompilation, formerly Rule 7.20.85
06/20/2013 Amendment approved by Board of Regents
10/22/2007 Amendments approved by Board of Regents

8.55 – Leave Without Pay

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