1. A. Annual leave shall be accrued by all eligible employees from the first day of employment. Eligible employees include all employees, except those in temporary positions. In the case of part-time employees, leave shall be accrued in proration to hours worked. For any service less than one (1) month, annual leave will be prorated.

2. B. All full-time employees who are eligible shall accrue annual leave as follows:

   (1) if less than four (4) years of service, then the rate of annual accrual shall be four and sixty-two hundredths (4.62) hours per pay period, ten (10) hours per month, and one hundred twenty (12) hours per year;

   (2) if four (4) or more but less than eight (8) years of service, then the rate of annual leave accrual shall be five and eight hundredths (5.08) hours per pay period, eleven (11) hours per month, or one hundred thirty-two (132) hours per year;

   (3) if eight (8) or more but less than twelve (12) years of service, then the rate of annual leave accrual shall be five and fifty-four hundredths (5.54) hours per pay period, twelve (12) hours per month, or one hundred forty-four (144) hours per year;

   (4) if twelve (12) or more but less than sixteen (16) years of service, then the rate of annual leave accrual shall be six (6) hours per pay period, thirteen (13) hours per month, or one hundred fifty-six (156) hours per year; and

   (5) if sixteen (16) or more years of service, then the rate of annual leave accrual shall be six and forty-six hundredths (6.46) hours per pay period, fourteen (14) hours per month, or one hundred sixty-eight (168) hours per year.

3. C. Annual leave shall be accrued at the end of each pay period or on the last working day of the month depending on which alternative the district attorney chooses. In the case of separation, annual leave shall be accrued on the last day the employee is on the payroll.
4. D. During leaves of absence with pay, an employee shall accrue annual leave.
5. E. During leaves of absence without pay or leave without pay, an employee shall not accrue annual leave.
6. F. The maximum carryover of accrued annual leave from one calendar year to the next is no more than two hundred forty (240) hours. Any excess must be used before the end of each calendar year or it shall be forfeited. Each district attorney shall make every reasonable effort to advise employees of their annual leave status to avoid the loss of accrued leave by employees. The accrued annual leave of each employee shall be adjusted so that no employee begins a calendar year with more accrued annual leave than the maximum permitted.
7. G. Annual leave shall not be authorized prior to the time it is earned.
8. H. All annual leave shall be requested by the employee and approved in advance by the district attorney or their designee.
9. I. An employee transferring into a district attorney’s office from either the executive, judicial or legislative branches of New Mexico state government or from another New Mexico district attorney’s office shall be credited with the employee’s unused annual leave.
10. J. Forfeiture of accrued annual leave as a disciplinary action shall not be authorized. No employee shall lose accrued annual leave because of promotion, demotion or transfer within a district attorney’s office including a change of classification.
11. K. An employee who separates from the service of a district attorney’s office shall be paid for the employee’s total accrued annual leave not to exceed two hundred forty (240) hours.
12. L. An employee subpoenaed as an expert witness in a court or administrative hearing, not involving personal litigation or service with a district attorney’s office shall use annual leave, and any expert witness fees shall be retained by the employee. The district attorney shall not reimburse the employee for per diem or travel expenses incurred while serving as an expert witness.

[10.4.7.11 NMAC - Rp, NMDAA 91-1.6.06, 06/30/2010]