2019 New Mexico Statutes
Chapter 20 - Military Affairs
Article 4 - National Guard
Section 20-4-7 - Military leave for national guard and reserves.

All state, county, municipal, school district and other public employees who are members of organized units of the army or air national guard or army, air force, navy, marine or coast guard reserves shall be given not to exceed fifteen working days' military leave with pay per federal fiscal year when they are ordered to duty for training, such leave to be in addition to other leave or vacation time with pay to which such employees are otherwise entitled. The governor may grant any member of the national guard or reserves who is a state employee additional military leave with pay in excess of that allowed above, not to exceed fifteen working days per federal fiscal year, for periods of active duty for training when he deems that such training will benefit the state by enabling that employee to better perform the duties required in his state occupation.

History: 1978 Comp., § 20-4-7, enacted by Laws 1987, ch. 318, § 24.

Temporary provisions. — Laws 1992, ch. 7, §§ 1 and 2, effective May 20, 1992, recognized the service of school district employees called to active duty by the New Mexico national guard or the United States armed forces reserves to serve in the Persian Gulf War and provided for employment compensation for those who served.

Legislative objective. — The legislative objective in enacting this section was to insure that public employees who were members of organized military reserve units should not be deprived of the annual leave to which they were otherwise entitled, by reason of their absence under orders on military training. 1958 Op. Att'y Gen. No. 58-173.

Employee members of organized units eligible. — All state, county and municipal employees who are members of organized units are eligible for the additional military leave provided in this section. 1953 Op. Att'y Gen. No. 53-5762.

Effect on employees of conservancy district. — Employees of a conservancy district are entitled to up to 15 days military leave and pay each year. 1959 Op. Att'y Gen. No. 59-54.

On permanent employees. — Regardless of the duration of employment, permanent employees are entitled to such military leave with pay. 1960 Op. Att'y Gen. No. 60-196.

No restriction is placed upon the time of service rendered by permanent employees before this leave accrues. 1960 Op. Att'y Gen. No. 60-196.

Temporary employees not eligible. — A temporary employee of the state is not entitled to military training leave provided by statute. 1958 Op. Att'y Gen. No. 58-173.

Pay entitled to. — A permanent employee is entitled to pay for his active military duty in addition to that for his vacation. 1960 Op. Att'y Gen. No. 60-196.

Full salary required. — This section requires that the governmental unit pay the full salary to the employee regardless of the amount of money drawn by him while on active military duty. Thus, it would be illegal for a governmental unit to pay an employee only the difference between his military pay and the top limits of pay which he regularly draws from the military unit. 1953 Op. Att'y Gen. No. 53-5762.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity and construction of state statutes requiring employers to compensate employees for absences occasioned by military service, 8 A.L.R.4th 704.