New Mexico Addendum
In the event of a conflict between the Handbook and any provision of an applicable Addendum, the conflict will be resolved as follows:
- If a benefit provided by the University is more generous than the benefit provided in the applicable Addendum, the University will offer the employee the more generous benefit unless such benefit is limited by statute (e.g., to residents of or employees working in Colorado).
- If a University policy or procedure provides an employee with more protection than that provided under the applicable Addendum, the University’s more protective policy or procedure will apply to internal University processes, and the policy or procedure specified in the applicable Addendum will apply to external proceedings in the applicable state or local agency.
For example, if the University’s Discrimination and Harassment Policy includes more protected statuses than a particular state provides, the University’s Discrimination and Harassment Policy and the applicable procedures established by the Office of Equal Opportunity & Title IX (EOIX) will apply to a report or complaint filed with EOIX. For a complaint filed with the state or local civil rights agency, the protections afforded under the state Addendum will apply.
Employees with questions about the Handbook or any applicable Addendum should contact their HR Partner at AskHRPartners@du.edu.
New Mexico
Domestic Abuse Leave
New Mexico employees who are victims of domestic violence may take up to 14 days, continuous or intermittent, of unpaid time off each year to:
- Obtain or attempt to obtain an order of protection or other judicial relief from domestic abuse;
- Meet with law enforcement officials;
- Consult with attorneys or District Attorney Victim Advocates; or
- Attend court proceedings related to the domestic abuse of the employee or their family member. “Family member” means a minor child of the employee or a person for whom the employee is a legal guardian.
Employees must provide the University of Denver reasonable advance notice of the need to take time off under this policy, if practicable. If advance notice is not practical, employees must provide notice as soon as practical. When domestic leave is taken in an emergency, an employee or an employee’s designee must provide notice to the University of Denver within twenty-four hours of commencing the leave.
The University of Denver may request reasonable documentation reflecting the need for such leave, including, but not limited to:
- A police report indicating that the employee or a family member was a victim of domestic abuse;
- A copy of an order of protection or other court evidence produced in connection with an incident of domestic abuse(providing the document does not constitute a waiver of confidentiality or privilege between the employee and the employee's advocate or attorney); or
- The written statement of an attorney representing the employee, a District Attorney's Victim Advocate, a law enforcement official or a prosecuting attorney that the employee or their family member appeared or is scheduled to appear in court in connection with an incident of domestic abuse.
To the extent permitted under law, the University of Denver will treat all information related to an employee’s leave pursuant to this policy as confidential. The University of Denver will not discriminate or retaliate against employees for taking or requesting leave in compliance with this policy.
Employees may use available vacation and/or paid sick leave during otherwise unpaid time off taken under this policy.
Equal Employment and Anti-Discrimination Policy
This is only an excerpt of the University of Denver’s Non-Discrimination Statement and Discrimination and Harassment policy with state specific information included in italics. Please refer to the complete policy for further information.
The University of Denver is an equal opportunity employer and makes employment decisions based on merit and University needs. Creating an inclusive and professional environment where employees feel comfortable, safe, and free from inappropriate and disrespectful conduct is one of the University’s core values.
The University of Denver does not discriminate against (in any aspect of employment, including recruiting and hiring, job assignment, compensation, opportunities for advancement, promotion, transfers, evaluation, benefits, training, discipline, and termination), nor does it tolerate harassment by any person, including, co-workers, supervisors, and third parties, on the basis of the following Protected Characteristics: In New Mexico: race (including hair that is part of the cultural identification of an ethnic group or that is a physical characteristic of an ethnic group, such as braids, locks, or twists), age, religion, color, national origin, ancestry, sex, physical or mental handicap or serious medical condition, spousal affiliation, sexual orientation, gender identity, and genetic information
Information about the New Mexico Human Rights Bureau can be found at https://www.dws.state.nm.us/Human-Rights-Information or by calling 1-800-566-9471 or 505-827-6838 or emailing Human.RightsInfo@state.nm.us.
Jury Duty Leave
The University of Denver encourages all employees to report for jury duty and provides New Mexico employees with unpaid time off for jury duty service. While leave to serve on a jury is unpaid, exempt salaried employees will not have their pay reduced for any week in which they work and also miss time for jury duty.
After receiving a summons for jury duty, employees must notify The University of Denver as reasonably possible. The University of Denver may request reasonable documentation of jury duty service to the extent permitted by law. The University of Denver will not discharge, discipline, retaliate against, coerce, or otherwise penalize employees who are absent to attend judicial proceedings in response to a summons for jury duty.
Lactation Accommodation
This is only an excerpt of the University of Denver’s Lactation and Breastfeeding/Chestfeeding policy with state specific information included in italics. Please refer to the complete policy for further information.
For employees who work in New Mexico, this means that the room will be clean, private, and near the employee’s workstation, and employees will have flexible break times to express milk and/or breastfeed.
New Mexico Paid Sick Leave
Employees accrue paid sick leave at a rate of one hour for every 30 hours worked. Employees may use paid sick leave for the following reasons:
- For the care of the employee’s family member’s or the employee’s own;
-
- mental or physical illness, injury, or health condition;
-
- medical diagnosis, care or treatment of a mental or physical illness, injury, or health condition; or
-
- preventive medical care;
- For meetings at the employee's child's school or place of care related to the child's health or disability; or
- For absence necessary due to domestic abuse, sexual assault, or stalking suffered by the employee or a family member of the employee; provided that the leave is for the employee to:
-
- obtain medical or psychological treatment or other counseling;
-
- relocate;
-
- prepare for or participate in legal proceedings; or
-
- obtain services or assist a family member of the employee with any of the above activities.
- Other reasons provided under applicable law.
Under this policy, “family member” means an employee's spouse or domestic partner, or a person related to the employee or their spouse or domestic partner as: (i) a biological, adopted, or foster child, a stepchild or legal ward, or a child to whom the employee stands in loco parentis; (ii) a biological, foster, step or adoptive parent or legal guardian, or a person who stood in loco parentis when the employee was a minor child; (iii) a grandparent; (iv) a grandchild; (v) a biological, foster, step, or adopted sibling; (vi) a spouse or domestic partner of a family member; or (vii) a person whose close association with the employee or their spouse or domestic partner is the equivalent of a family relationship.
Employees are entitled to accrue and use paid sick days beginning on July 1, 2022 , after which they may use paid sick leave as it is accrued. Employees may take sick leave in increments of no less than one hour. Employees may carryover up to 64 hours of earned sick leave year-to-year.
If the need for paid sick leave is foreseeable, employees must provide reasonable advance notice to the Organization and make a reasonable effort to schedule the use of sick days in a manner that does not unduly disrupt the operations of the University of Denver. When possible, employees should include the expected duration of the sick leave they plan to take with their notice. If the need for paid sick leave is unforeseeable, employees must provide notice of the need for the leave as soon as practicable. If employees are absent for two or more consecutive days, the University of Denver may require reasonable documentation that the paid sick time has been used for a purpose set forth in this policy.
Sick leave will not accrue during any leave of absence. The University of Denver may prohibit employees from using sick leave during any shut down period, except as prohibited by law. Any unused sick leave will not be paid upon termination of employment. If employees separate from the University of Denver and are rehired within one year from their date of separation, their earned but unused paid sick days will be reinstated, and employees may use those previously unused paid sick days.
Abuse of the Organization’s sick leave policy is dishonest and may lead to termination of employment. Employees will not be required to find their replacements for time they take off pursuant to this policy. The University of Denver will not retaliate against any employee for their use of, or attempt to use, sick days. In addition, employees will not be retaliated against for filing a complaint alleging violations of paid sick leave laws, for cooperating in an investigation or prosecution of an alleged violation of paid sick leave laws, or opposing any policy, practice, or act prohibited by any applicable paid sick leave laws.
Voting Leave
New Mexico employees who are eligible to vote may take up to two hours of paid time off to vote on election day if they do not have at least two consecutive hours off before work while the polls are open or at least three consecutive hours off after work while the polls are open.
Employees must provide the University of Denver reasonable advance notice of their need to take time off under this policy. Time off should be taken at the beginning or end of the employee’s workday, unless otherwise specified by the University of Denver.