NMC Employee Manual

NMC Employee Manual

NMC Employee Manual

Effective 05/01/2021

The NMC Employee Manual can all be read below. Click on each arrow to read more on that specific topic:

Foreword

This Employee Manual may provide answers to many of the questions you might have about the New Mexico Consortium (NMC) benefit programs, as well as company policies and procedures. You are responsible for reading and understanding this Employee Manual.  While it contains general information and guidelines, it is not intended to be comprehensive or to address all the possible applications of, or exceptions to, the general policies and procedures described.  For that reason, if you have any questions concerning eligibility for a particular benefit, or the applicability of a policy or practice to you, you should address your specific questions to the HR staff.

This is not a contract. The practices, policies and benefits described here may be modified or discontinued from time to time at NMC’s discretion.  We will inform you of any changes as they occur.

This Employee Manual supersedes any and all other previous NMC Employee Manuals, or other NMC employment related policies whether written or oral.

Employment

Under New Mexico law, employment at the NMC is considered to be “at will,” which means that employment can be terminated by either the employer or the employee at any time, with or without reason. An employment contract between the NMC and a specific individual may supersede these terms.

The majority of research positions at the NMC are soft money positions and contingent on funding through a grant.  These NMC positions always depend on the award and renewal of the grant and employees should expect that these positions terminate with the grant.

In this policy, “partner institution” means Los Alamos National Laboratory, New Mexico Institute of Technology, University of New Mexico, New Mexico State University, Washington State University or Pan Pacific Technologies.

Researchers whose primary institution is not the NMC have obligations to their home institutions. Any offer of employment or consulting agreement must be acceptable under the policies of the home institution.  In addition, the offer must be acceptable under the terms of the funding agencies involved.  It is the individual’s responsibility to ensure that they have determined and met all the requirements of their home institution prior, during, and after their appointment to the NMC.  In addition, it is the responsibility of all researchers submitting proposals through the NMC to secure the commitment of their home institution to allow them to accept an appointment with the NMC should they receive an award through the NMC.

The NMC believes that equal opportunity for all its staff and job applicants is essential for our success and the fulfillment of our mission.  We maintain a policy of fairness and impartiality in relation to both current and potential staff and contractors without regard to race, color, religion, age, sex, national origin, sexual orientation, gender identity, physical or mental disability or veteran disability status that does not prohibit performance of an essential job function, or any other factor protected by law. A copy of the NMC Affirmative Action Plan is available in the HR office.

NMC is committed to complying with all applicable provisions of the Americans With Disabilities Act Amendments Act of 2008 (“ADAAA”).  It is the NMC’s policy not to discriminate against any qualified employee or applicant with regard to any terms or conditions of employment because of such individual’s disability or perceived disability so long as the employee can perform the essential functions of the job.  Consistent with this policy of nondiscrimination, NMC will provide reasonable accommodations to a qualified individual with a disability, as defined by the ADAAA, who has made the NMC aware of his or her disability, provided that such accommodation does not constitute an undue hardship on the NMC.

Employees with a disability who believe they need a reasonable accommodation to perform the essential functions of their job should contact the HR staff.

Confidential and sensitive information includes all business, financial, personnel, and technical information, such as budgetary or planning information; donor information; enrollment applications, letters of recommendation, recruitment evaluations; research results not yet in the public domain, etc. If you aren’t sure whether something is confidential or proprietary, and you do not have permission from the originator to release it, treat it confidentially and/or see the COO for clarification.

Staff and contractors are expected to exercise due diligence to maintain the confidentiality of any and all information about NMC, its staff and contractors, and affiliates that is not obviously and explicitly in the public domain. “Due diligence” includes care not to divulge sensitive information to those not authorized to receive it, physical protection as needed (e.g., locked file cabinets for documents requiring physical protection, appropriate electronic passwords, etc.), and care in handling and storage of such information. Staff and contractors are expected to: (1) use the confidential and sensitive information to which they have been officially granted access only for the purposes to which that access has been granted; (2) ensure that all confidential information to which they have been granted access is properly destroyed or returned to its owner upon completion of official access; and (3) contact the COO if any confidential information is encountered inadvertently or if there are questions about how to treat any particular type of information.

“PII means information that can be used to distinguish or trace an individual’s identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual.”

NMC IT policy, page 5:

https://newmexicoconsortium.org/wp-content/uploads/2018/11/IT_POLICIES_AND_PROCEDURES.pdf

All employees must acknowledge NMC’s Information Technology securities policies upon checking out laptops or other devices. To protect PII, DO NOT store PII on your laptop or other NMC device unless it is encrypted. Store on server or in  NMC’s Salesforce records.

If a Non-Disclosure Agreement is required by the sponsor, employees are required to sign and comply with the agreement. A copy is kept in the employee’s personnel folder, and attached to the contractor’s NDA with NMC’s Salesforce records.

NMC Employees, Affiliate Researchers, Research Fellows, Joint Appointees, and Visitors agree to follow the direction of NMC CEO and abide by NMC policies and procedures referenced below.

NMC approves work with DOE sensitive information in the NMC on a case-by-case basis.  As a LANL staff member you may work with DOE sensitive information routinely. You are responsible for reporting any work at the NMC involving DOE sensitive information to the NMC CEO. You are responsible for getting prior authorization from the NMC CEO for any work at the NMC involving DOE sensitive information.

NMC is obligated to make its research available to the interested public through publication due to its non-profit status and its charter to perform scientific research in the public interest.

NMC employees shall promptly disclose all inventions, software, copyrightable works, and research results related to their work at NMC (collectively, “Subject Intellectual Property”) to NMC and partner institutions as appropriate, before publication or other disclosure.  Subject Intellectual Property shall not include intellectual property that (i) is created without the use of NMC resources or third party funding through NMC, (ii) is created during an employee’s personal time, (iii) does not use NMC’s name or logo, and (iv) that is outside the employee’s scope of employment.

NMC shall own all rights to Subject Intellectual Property conceived, developed, generated, or reduced to practice by its employees or contractors, and, in consideration of their employment or other work with NMC, all such employees and contractors hereby assign all of their rights in Subject Intellectual Property to NMC.

If NMC receives any commercialization revenues from such commercialization such as royalties or license fees, NMC shall first deduct all of its expenses incurred with respect to the commercialization of said Subject Intellectual Property from said commercialization revenues.  The remaining net commercialization revenues shall be divided as follows:

  • Sixty-five percent (65%) shall be retained by NMC; and
  • Thirty-five percent (35%) shall be divided equally among the inventors, creators, and authors of the commercialized Subject Intellectual Property who have assigned their rights to NMC (unless otherwise agreed to in writing between all such inventors, creators, and authors).

If NMC cannot demonstrate progress toward successfully commercializing a particular Subject Intellectual Property within five (5) years of the notification described above, then upon the written request of all inventors, creators, and authors, and, in exchange for future reimbursement of all expenses incurred by NMC to date upon successful commercialization of said Subject Intellectual Property, NMC shall assign its rights in said Subject Intellectual Property back to said inventors, creators, and authors.

Consistent with its charter to promote basic research and its tenet of open access to information, NMC supports and encourages all employees and contractors to promptly release or publish research results produced under its auspices. Work produced with NMC funds should acknowledge both the NMC and the funding agency. The NMC honors all obligations that visiting researchers have to their home institutions regarding intellectual property and publishing.

The NMC business hours are 8:30am to 5:30pm. The normal business day includes a lunch period of 30 minutes to 1 hour. Administrative and support staff are expected to work normal business hours at the NMC offices in order to ensure smooth business operations. Employees may arrange alternate work schedules and locations with the approval of their supervisor.

Research staff are expected to be available if needed by their project or the NMC during normal business hours. They are expected to work the number of hours required by their assignment during the bi-weekly pay period. For example, a researcher working 50% time would be required to put in 40 hours over two weeks. The payroll week normally begins at 12:01 A.M on Sunday and ends at midnight on Saturday.

Research staff are expected to commit to a particular level of effort (for example, 20%) over the period of their assignment and remain at that level or formally change the assignment.

The NMC recognizes that the amount of time researchers put in beyond the minimum work week and the start times of the workday are driven by the requirements of the research project and therefore our policy is to be flexible in establishing work hours for researchers. However, the NMC reserves the right to establish formal work hours for all staff for institutional or project needs. The NMC may also require office hours and/or attendance at standing meetings as needed for specific projects.

The hours for Limited-term and Part-time positions are governed by their agreements and may be flexible.

The HR staff is responsible for personnel records and related personnel administration functions at NMC.  Questions regarding insurance, wages, and interpretation of policies may be directed to the HR staff. 

Keeping personnel files up-to-date can be important with regard to pay, deductions, benefits and other matters.  If an employee has a change to report, please be sure to notify the HR staff as soon as possible. A family status change should be reported to HR.

An employee has the right to see information that is kept in their own personnel file, and may request and receive copies of all documents they have signed.  Please make arrangements with the HR staff.

Compensation

The payroll week normally begins at 12:01 A.M on Sunday and ends at midnight on Saturday. All employees are required to complete a bi-weekly timesheet through the ADP Time and Effort System. You must submit actual hours worked on a project.  By submitting your time, you are certifying that you have entered accurate and correct hours worked for the given pay period.  Timesheets are due no later than noon on the Monday after the end of the pay period. The NMC reserves the right to impose a fine of $10 per day on employees who do not submit their timesheet by the deadline, and as a condition of your employment, you agree that such amounts may be withheld from your pay. Employees receive a direct deposit voucher notification by email within 9 days after the end of the pay period.

NMC deducts federal and state withholding taxes and FICA (Social Security, Medicare and state unemployment insurance) contributions from your pay.  In addition, your portion of group insurance premiums, FSA and HSA contributions,  and retirement plan contributions are deducted directly from your pay.

Employees are classified as either exempt or non-exempt from the overtime provisions of the federal Fair Labor Standards Act (FLSA).

  • Non-exempt Employees are employees who are eligible to receive overtime pay at the rate of one and one-half times (1.5x) base hourly pay for scheduled work in excess of 40 hours per week.  A non-exempt employee may only work more than 40 hours in a week with prior approval from their Principal Investigator and COO. Examples of non-exempt employees are some administrators, students and other mentored positions, and assistants.
  • Exempt Employees are employees whose duties and responsibilities allow them to be “exempt” from overtime pay provisions as provided by the FLSA. Examples of exempt employees are system analysts, scientists, managers, executives, officers, directors.

A payroll advance may be granted to any regular employee when circumstances defined as unforeseen, unplanned and unavoidable require a staff member to secure funds on short notice and the employee has exhausted all other reasonable sources of financial relief. The COO will evaluate requests on a case-by-case basis.

A. Hardship No-interest Loan:

  • An employee may receive no more than two pay advances in a 12-month period.
  • An employee who receives an advance will be required to sign a payroll advance agreement.
  • The amount requested for an advance shall not exceed 50% of the employee’s monthly gross pay or $1,000 whichever is less. The minimum request is $100.00.
  • Repayments must be made through payroll deductions. Each deduction will be at least 10% of the advance amount.
  • The advance pay must be paid in full within 10 pay periods of the advance.
  • If the employee terminates prior to repayment of the advance, the advance balance due at the time of termination will be deducted from the employee’s final paycheck. This will include using the employee’s accrued annual leave due to settle the advance due if necessary. If the funds are not enough to satisfy the debt the employee will be required to make personal payment in full for the balance.

B. Advance Payment:

Allows a payment of up to 70% of a regular paycheck to be repaid in the next pay check after regular deductions, voluntary and statutory. (e.g., if a paycheck is usually $3,000, a $2,000 advance would be allowed and paid back in a deduction of $2,000, the balance would cover taxes and voluntary deductions).

NMC takes all reasonable steps to ensure that employees receive the correct amount of pay in each paycheck and that employees are paid promptly on the scheduled payday. In the unlikely event that there is an error in the amount of your pay, please bring the discrepancy to the attention of HR so that corrections can be made as quickly as possible.

Benefits

At the time an employee is hired, he/she is classified into the appropriate job category outlined below.  If you are unsure of which classification your position fits into, please ask Human Resources.

  • Full-time Employees (FT) – Employees who have appointments of 75% or more.
  • Part-time Employees (PT) – Employees who have appointments of less than 75%.
  • Limited-term Employees (LT) – Employees whose appointment is for one year or less.
  • Regular Employees – Employees who have appointments for longer than one year.

All employees are eligible for Personal Days, or Paid Time Off, for vacation, holiday leave, sick leave or other personal business. See “Paid Leave” section.

The table below is a summary of eligibility for benefits by job category. 

Job CategoryMedical / Dental Insurance

Life / STD/ LTD

Insurance

Employer contributions to Retirement Plan Employer contributions to Flexible Spending Acct Employer Contributions to Legal/ID protectionVoluntary Life and Voluntary Accident/Illness
Regular Full TimeYesYesYes, after 6 months of service – from Day 1 with predecessor employer service (except Students)Yes, if at least a 12-month appointmentYesYes

Limited Term Full Time

minimum 2 months

YesYesYes, after 6 months of service – from Day 1 with predecessor employer service (except Students)NoYesYes

Limited Term Full Time

less than 2 months

NoNoNo, unless predecessor employer serviceNoNoNo

Part Time

(less than 75% FTE)

NoNo

Yes, IF 50-74%; (except Students)

No, if <50%, unless predecessor employer service

NoNoNo

NMC insurance coverage is effective the first day of the month following the hire date. NMC pays 80% of medical and dental insurance premiums, 100% of Life, Long Term Disability and Short Term Disability insurance premiums, and 80% of the medical and dental insurance premiums for dependents.

Benefits or premium contributions may change at NMC’s discretion. If there is a conflict between language in this Employee Manual and language in an official insurance plan document (such as a group health insurance policy), the official plan document governs.

The NMC 403(b) Retirement Summary Plan Description (SPD) is available on the NMC website or from the HR Manager upon request. The retirement plan has 2 parts:

  1. Elective Deferral. Eligible employees can defer income to make contributions to their retirement plan account.
  2. Employer contributions. There are 2 employer contributions – the Matching Contribution, and the Non-elective Contribution. Eligible employees are not required to contribute to their 403B plan to receive the non-elective employer contribution.

You are eligible for Elective Deferral (employee contributions) IF:

  • Your appointment is 50%FTE (20 hours per week) or more OR
  • You are currently employed by a partner institution, or previously employed by a partner institution (full or part time) prior to NMC hire– even if the NMC appointment is <50%FTE. (See SPD for list of partner institutions.)

You are eligible for Employer Contributions IF:

  • Your appointment is for 50%FTE (20 hours per week) or more. (However, Students, Tech Helpers, employees under 21 are excluded. See SPD.) AND
  • You’ve met the 6-month service requirement either at NMC or by predecessor partner employer service, full or part-time.

Affiliated Researchers. Affiliated Researchers are researchers who maintain joint or dual positions with NMC and NMC partner institutions (LANL, UNM, NMT, NMSU, Washington State University and Pan Pacific Technologies).  Affiliated Researchers are eligible for NMC retirement benefits on date of hire, without any NMC service requirement, but must have been employed by the partner institution, full or part-time, including elapsed time. If elapsed time exceeds 1 year, time in excess of 1 year stops accumulating for the non-elect rate eligibility.

Although their total level of effort between the NMC and their home institution may exceed 75%, Affiliated Researchers are 1) expected to maintain insurance benefits through their home institution and 2) not eligible for duplicate benefits through NMC.

NMC provides a 403(b) program with an employer match to eligible employees. The employer contribution includes an up to 6% elective match plus a non-elective contribution.  The non-elective contribution is as follows:

0-9 years of service                 4.5%

10-19 years of service             5.5%

20+ years of service                6.5%

“Years of service” means consecutive years of service with NMC, in a benefits-eligible position. For Affiliated Researchers, years of service with the partner institution are taken into account in calculating their years of service for non-elective contribution.  Details of the benefits will be provided on an individual basis as part of the hiring process.

Affiliated Researchers often have 401(k), 403(b), or other retirement plans at the NMC and their home institution.  Generally, you cannot defer more than an allowable amount each year into all plans. In 2021, for example, the limit is $19,500 (plus $6,500 if age 50+).  If you defer more than the allowable amount in a given year, the excess is included in your gross income for that year. NMC cannot monitor contributions across institutions. Employees who want to avoid contributing more than their allowable amount, must monitor their contributions across all their retirement accounts.

FSAs allow the employee to save funds pre-tax by payroll deduction. The Plan Document and details on the eligible expenses are available at https://newmexicoconsortium.org/inside-nmc/employee-benefits/

The FSA benefit includes 2 flexible spending accounts:

  •  – Medical FSA – for allowable medical expenses
  •  – Dependent Care FSA – for allowable dependent care expenses, including children under 13 and family members unable to care of themselves, who are dependents on the employee’s federal tax filing.

Employees who have an appointment of more than 1 year AND 30 or more hours per week are eligible to participate and receive an annual employer contribution of $500 per account (Medical FSA and DCA). No employee contribution is required to receive the employer contribution.

The plan year is Jan. 1 to Dec. 31. Up to $500 (on Medical FSA only) can carry over to the following year. Funds in excess of $500 that are not used by Dec. 31 are forfeited. (Run-out period for filing claims incurred by Dec. 31 ends March 31.)

Open enrollment is December for a January 1 start date. Contribution election cannot be changed during the Plan Year except for IRS-defined Change of Status Events (marriage status, number of dependents [birth, death, adoption], employment status, benefit eligibility status, and residence).

Employees have the option to decline any given benefit and the associated employer contributions.

Whenever possible, employees are asked to provide 30 days’ notice prior to the start of any leave and to make reasonable efforts, when feasible, to schedule the leave so as to impact work schedules minimally. In the event of unanticipated absences, including sickness or lateness, employees are expected to call and speak directly to their immediate supervisor as soon as possible.  If the immediate supervisor is unavailable, the employee should contact the main office or HR and leave a message for the supervisor. Failure to follow proper call-in procedure may result in unauthorized leave without pay.

Both Paid and Unpaid Leave need to be approved before being reported on timecard in order to help managers allocate workload and help employees maintain eligibility for benefits.

Any request for leave should be approved by the supervisor or a manager (HR Manager, CEO, COO, or CFO). The Leave is not approved until the employee receives a written  approval notice for the Leave.

Paid Personal Time Off (PTO). All employees are eligible for paid personal leave, and there is no waiting period to begin accruing. Paid personal leave is accrued at a rate of .1304 hours of PTO per hour worked, which is 30 8-hour days per year for 100% FTE employees. PTO may be used for vacation, sick leave or holidays. Employees must make a request for PTO through their supervisor or another NMC manager. Employees must understand that time off requests may be denied depending on company or departmental needs, so they should not book travel until their request has been approved.

Regular Full-time employees may accumulate a maximum of 360 hours of PTO, at which point they stop accruing PTO hours until some PTO is used. All other employees may accumulate a maximum of 240 hours of PTO.

US National Holidays. Employees use PTO for national holidays at their discretion.  In general, administrative and support staff are expected to work on business days and take PTO for holidays in order to ensure smooth business operations.  Administrative and support staff may make other arrangements for institutional or personal reasons with approval of their supervisor.  Research staff may or may not work holidays, at their discretion.

Jury Duty. The NMC supports compensatory leave for jury duty.  Employees will be paid their regular salary while on jury duty for up to a maximum of 10 working days.

Family and Medical Leave Act (FMLA) Leave. FMLA provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. During the FMLA leave, employees will maintain their health benefits.

HR needs to be informed as soon as any manager is aware of an FMLA situation in order to send the required notification form (WH-381) to the employee, informing him/her of eligibility status. If the employee does not request FMLA but you know there is an issue causing lost work time, you can initiate this request, they do not have to do it themselves.

FMLA allows the employee to keep their job and their group benefits, at the group rate and shared cost, while taking Leave to care for themselves or a family member because of a health issue, or because of a Military Leave. Documentation is required from the PCP.

The employee should email a request for FMLA leave to the supervisor, who should notify an NMC Manager, who should copy HR. FMLA allows for up to 12 weeks of covered leave (18 weeks for a military leave). Per our policy, if the employee has not already used all PTO, they must use PTO concurrently with FMLA until it is depleted and then use Unpaid Leave. Intermittent FMLA is allowed.

Employees who are not eligible for FMLA (have worked less than 1 year for NMC, or have already used up the year’s FMLA limit) may request to use Unpaid Leave, but once FMLA is exhausted and the employee is no longer working an average of 30 hours per week, they are no longer eligible for the group benefit, per our contract with the insurers. This applies to health, dental, life and disability insurance.

NMC will provide an eligible employee with up to 12 weeks of unpaid leave each year for any of the following reasons:

  • for the birth and care of the newborn child of an employee;
  • for placement with the employee of a child for adoption or foster care;
  • to care for an immediate family member (spouse, child, or parent) with a serious health condition;
  • to take medical leave when the employee is unable to work because of a serious health condition; or
  • because of any qualifying exigency arising out of the fact that an employee’s spouse, son, daughter or parent is a covered military member on active duty or has been notified of an impending call or order to active duty in the National Guard or Reserves in support of contingency operation.

A serious health condition is an illness, injury, impairment or physical or mental condition that involves inpatient care, treatment or supervision by a health care provider. A serious health condition must involve more than three consecutive calendar days of incapacity plus two visits to a health care provider that must occur within 30 days of the period of incapacity.

In addition to the basic FMLA leave entitlement discussed above, an eligible employee who is the spouse, son, daughter, parent or next of kin of a covered service member is entitled to take up to 26 weeks of leave during a single 12-month period to care for the service member with a serious injury or illness. Leave to care for a service member shall only be available during a single 12-month period and, when combined with other FMLA-qualifying leave, may not exceed 26 weeks during the single 12-month period. The single 12-month period begins on the first day an eligible employee takes leave to care for the injured service member.

A “covered service member” means a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is on the temporary retired list, for a serious injury or illness. A member of the Armed Forces would have a serious injury or illness if he/she has incurred an injury or illness in the line of duty while on active duty in the Armed Forces provided that the injury or illness may render the service member medically unfit to perform duties of the member’s office, grade, rank or rating.

Employees are eligible for leave if they have worked for NMC at least 12 months, at least 1,250 hours during the 12-month period before the leave is to commence, and work at a location where the NMC employs 50 or more employees within 75 miles. Whether an employee has worked the minimum 1,250 hours of service is determined according to FLSA principles for determining compensable hours or work. Time taken off work due to pregnancy complications can be counted against the 12 weeks of family and medical leave.

Employees are required to use FMLA time concurrently with their PTO. In other words, any paid leave to which the employee is entitled at the time of the leave must be taken as part of the 12-week leave, with the remainder of the leave unpaid.

An employee may take up to a total of 12 work weeks for family or medical leave in any 12-month period going forward from the date the employee first uses the FMLA leave.

Employees taking FMLA medical leave for self or family care may be asked to submit a medical certification to Human Resources. New intermittent-leave certification is required after the end of employee’s FMLA leave year. NMC may request, at its own expense, a second medical opinion. Should the first and second opinions differ, NMC may require, at its own expense, the opinion of a jointly approved health care provider, whose opinion shall be binding. In addition, NMC may periodically require recertification of a medical condition.

Before taking an FMLA leave, an employee should discuss the leave with the manager or supervisor, and inform the HR Manager at least 30 days prior to the date he/she wishes to begin the leave if the need for leave is foreseeable. The HR Manager will provide the employee with Form WH-381 Notice of Eligibility and Rights and Responsibilities.

During FMLA leave, the employer pays the usual share of premiums, and the employee pays the usual share. For more information on your rights and responsibilities, see Attachment 1. EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER FAMILY AND MEDICAL LEAVE ACT.

Return from Unpaid Personal leave or FMLA Leave is contingent on available funding. Our objective is to place you in your original position or an equivalent position without loss of pay or benefits; however, positions may not be available if the funding for the position has terminated or expired.Time taken for Unpaid Personal Leave will not be taken into account when determining eligibility for retirement and insurance benefits, but it does affect the percentage of employer contributions.

The NMC supports military leave as required by state and federal law.

An employee who experiences Domestic Abuse may take up to 14 days (maximum of 8 hours per day) per calendar year to:

  • pursue an order of protection or other judicial relief;
  • meet with law enforcement officials;
  • consult with attorneys or district attorney’s victim advocates; or
  • attend court proceedings for themselves, their child or a child for whom they are a legal guardian.

Domestic Abuse Leave is unpaid unless an employee chooses to use accrued personal days.

Definition: “Domestic Abuse” for purposes of this policy means an incident of stalking or sexual assault whether committed by a household member or not, or any incident by a household member against another household member that result 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; or
  • harm or threatened harm to children.

Notice and Verification:  Employees needing Domestic Abuse Leave in an emergency must notify NMC within 24 hours of starting the leave.  Otherwise, employees needing Domestic Abuse Leave must provide as much notice as possible in the circumstances.  Employees must provide the Company with verification of the leave in a timely fashion.  The verification may be a police report regarding the incident, a copy of an order of protection or other court evidence, or the written statement from the employee’s attorney, district attorney’s victim advocate, or prosecuting attorney stating that the employee, employee’s child, or child for whom the employee is a guardian is scheduled to appear in court.

Confidentiality: The Company will keep all information regarding Domestic Abuse Leave, including the fact that the employee or employee’s family member was involved in a domestic abuse incident, that the employee requested or took Domestic Abuse Leave, and verification documents confidential.  With the employee’s consent, the Company will disclose the information and/or cooperate with law enforcement and administrative agencies in dealing with issues of Domestic Abuse.  The Company will otherwise only disclose this information in compliance with a legal requirement or proper court or agency order.

No Retaliation: The Company will not penalize or retaliate against an employee for requesting or taking Domestic Abuse Leave.  The Company will not withhold benefits coverage from an employee during the time they are on Domestic Abuse Leave.  Time taken for Domestic Abuse Leave will not be included in calculating eligibility for benefits.

If the reason for unpaid leave is not one of the above-mentioned issues and PTO is depleted or if the employee has exhausted Paid and FMLA/Military/Domestic Abuse Leave and cannot return to work,  the employee may request a short-term unpaid leave, but the employee’s position is not guaranteed to remain available to the employee upon his/her return from the leave, and/or the employee may lose certain benefits. Employee will be advised on the benefits loss upon the leave approval.

Separation From Employment

NMC will consider an employee to have voluntarily terminated their employment if they do any of the following:

  1. resign from NMC,
  2. fail to return from an approved leave of absence on the date specified by NMC, or
  3. fail to report to work or call in for three (3) or more consecutive workdays.

An employee may be terminated for poor performance, misconduct, excessive absences, tardiness, discrimination, harassment, or other violations of NMC’s policies. This list not all inclusive. Unless governed by a contract, any employment relationship at NMC is at-will; as such, the employee and NMC have the right to terminate employment with or without notice, for any or no reason.

NMC requests that an employee will give at least two (2) weeks’ notice in the event of their resignation.  Any accrued but unused Paid Personal Time Off will be paid out at the time of employment termination.

Return of Company Property. Any NMC property issued to an employee, such as computer equipment, keys, building entry cards or company debit card must be returned to NMC at the time of termination.  The employee will be responsible for any lost or damaged items.  The value of any property issued, or Pay Advance or PTO loan, not returned before termination may be deducted from the final paycheck, or due to NMC if final pay is insufficient. All employees sign a Payroll Deduction Authorization form for this purpose.

Workplace Policies

NMC is committed to maintaining a safe workplace and a work culture that promotes safety. NMC also recognizes the need to comply with regulations governing work related injury and accident prevention and employee safety. Maintaining a safe workplace is the first priority of all NMC employees. If you are ever in doubt about how to safely perform a job, it is your responsibility to ask your manager for assistance. 

Communication. Timely communication about safety is the most important factor in maintaining a safe workplace. Communicate work related safety issues to an NMC manager, Safety Officer or any office administrator immediately if there is imminent potential for harm.  Use the Incident Report Form whenever possible. “Work related” means that the incident was caused by or significantly aggravated by events or exposures in the work environment. Report any issue immediately, but no more than one business day from when you observed the issue.

  • Incidents. Report work related incidents involving personal injury or damage to property.
  • Personal injury includes any harm to your person, or subsequent loss of consciousness, illness, days away from work, restricted work activity, or medical treatment.
  •  Near misses.  Report incidents that might have caused or almost caused personal injury or damage, even if no damage occurred.
  • Unsafe activities or workplace. Report any work-related activity, process or physical arrangement that appears unsafe.

This information gives the NMC the opportunity to track and manage and address safety issues and maintain a safe workplace.

Regulatory Requirements. The Employee’s Claim for Worker’s Compensation Benefits Form must be completed in all cases in which an injury requiring medical attention has occurred.

Federal law (Occupational Safety and Health Administration) requires that we keep records of certain work related injuries, illnesses and accidents which occur during the workday. The NM state Workers’ Compensation Act also requires that you report any workplace illness or injury, no matter how slight. If you fail to report an injury, you may jeopardize your right to collect workers’ compensation payments as well as health benefits. OSHA also provides for your right to know about any health hazards which might be present on the job. Should you have any questions or concerns, contact your manager for more information.

NMC is committed to responsible conduct of research and research compliance. This policy and procedures are developed in order to prevent misconduct in research and protect the positions and reputations of good faith complainants, witnesses and committee members. All researchers are required to read the full policy, online at:

https://newmexicoconsortium.org/inside-nmc/responsible-conduct-of-research-training

Students and Postdoctoral Researchers receive targeted training on responsible conduct of research.

All NMC workplace policies apply to guests. Guests are required to sign a Guest Agreement form acknowledging the Guest Policy, which is available online at:

https://newmexicoconsortium.org/wp-content/uploads/2019/04/GuestAgreement041019.pdf

In the case of bad weather, NMC employees may come to work late and/or leave early if their commute becomes unsafe or school closures require them to care for children. Each employee should use his/her own judgment regarding when to exercise this option. Your decision should depend on the safety of your own commute and your family situation. When bad weather is expected, if possible, organize your workload to allow for work at home.

NMC does not follow LANL or school closures and, we do not close the NMC for bad weather or holidays or weekends.  The NMC will close a particular facility if the facility is unsafe or unsuitable for work (i.e. no heat or cooling).

Research staff. The objective of this policy is to ensure that NMC Students, Post-docs and Junior Research Scientists, and Associate Research Scientists receive clear expectations and timely feedback from their manager/mentor on their performance.  This policy applies to all Junior and Associate Research Scientists, Post-docs, and Students but can also be applied to other research staff. The Principal Investigator (PI) of the project will establish an agreement with Students, Post-docs, Junior Research Scientists and Associate Research Scientists regarding the expectations for the position during pre-employment interviews. The expectations will be included in writing as part of the offer letter. The PI will provide the NMC COO with a written evaluation of the individual against those expectations in 6-month intervals.  The expectations may be revised as part of the 6-month evaluation.

The initial work plan must contain the following:

  • Long-term research objectives of the project.
  • A research plan for the next 6 (or 12) months broken down into steps or tasks. The timeline for completing these tasks.
  • Special requirements necessary to achieve these objectives and how they will be obtained. (Training, skills that need to be developed, software.)
  • Dependencies on mentor, collaborators or factors outside mentored researcher control.
  • Specific deliverables or outcomes expected with timeline. (Presentation, code, papers, data sets, reports, analysis, etc.)
  • Any other factors relevant to the success of the project.

The manager and researcher may agree that the researcher will spend a specific percentage of their time on self-directed research and other activities; however, those activities, the expected outcomes and when those outcomes are expected must be defined in the work plan.

The manager/mentor and the researcher must meet at least every six months to

  1. assess progress against the expectations, and
  2. establish, by mutual agreement, future expectations and a timeline.

The work plan and the outcome of subsequent evaluations may be communicated to the NMC in any written form, including e-mail.

A sample work plan is available from the HR Manager upon request.

Other Employees: Performance coaching and observations are conducted on a daily basis through interactions between managers and peers. No formal performance review and evaluation is required.

An employee may request a performance review at any time, up to 2 reviews per year. A manager may initiate a formal performance review at any time to address performance issues.

NMC property, including computers, electronic mail and voice mail, should be used for conducting company business.

Brief and occasional personal use of phones, electronic mail system or the Internet is acceptable as long as it is not excessive or inappropriate and does not result in expense to NMC. Use is defined as “excessive” if it interferes with normal job functions, responsiveness, or the ability to perform daily job activities.

Substantive personal use of phones, computers and internet access will be reported on form W-2 as taxable income.

NMC’s Information Technology Policy is available at: https://newmexicoconsortium.org/inside-nmc/it/

NMC does not condone the illegal duplication of software.

  1. NMC licenses the use of computer software from a variety of outside companies. NMC does not own this software or its related documentation and, unless authorized by the software manufacturer, does not have the right to reproduce it.
  2. With regard to use on local area networks or on multiple machines, NMC employees shall use the software only in accordance with the software publisher’s license agreement.
  3. NMC employees learning of any misuse of software or related documentation within the company must notify their manager immediately.
  4. According to the U.S. Copyright Law, illegal reproduction of software can be subject to civil damages and criminal penalties, including fines and imprisonment. NMC employees who make, acquire or use unauthorized copies of computer software shall be disciplined as appropriate under the circumstances. Such discipline may include termination.

For the purpose of this policy, consensual romantic or sexual relationships means relationships of a romantic, dating, and/or sexual nature entered into with consent of both parties; supervisory or evaluative authority is the power to control or influence another person’s employment and career advancement, including but not limited to, hiring, work conditions, compensation, promotion, discipline, evaluation, assignments, references or financial support.

When individuals involved in a consensual romantic or sexual relationship are in positions of unequal power at NMC, there is a potential for a conflict of interest, favoritism, and exploitation. To protect the integrity of the NMC work environment, NMC requires that when a consensual romantic or sexual relationship exists or has existed between people in powers of unequal power at the NMC, the person in the position of greater power must immediately report the relationship to his or her supervisor or to the NMC HR Manager, so that arrangements for alternative supervision and removal of evaluative authority can be made or a written management plan can be developed to manage the conflict of interest. It is the responsibility of both the person with the greater power in the relationship and the individual to whom the relationship is reported to ensure that alternative supervision and removal of evaluative authority is made and /or a written management plan is developed to manage the conflict of interest. Failure to comply with the notification, removal of evaluative authority or management plan requirement is a violation of this policy. Violations of this policy will result in disciplinary actions, which can include, but are not limited to, written warnings, mandatory training or counseling, demotion, and termination of employment.

The NMC is committed to maintaining a safe work place free from the influence of drugs/alcohol.  The unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and conviction of such actions will result in mandatory participation in an approved rehabilitation program and/or dismissal. The NMC may require drug/alcohol testing prior to employment and at any time during employment by the NMC. The NMC contracts with certified laboratories to perform the drug/alcohol test. Refusal to submit to a drug/alcohol test or a positive test result may be cause for termination or for refusal to hire. An employee who has tested positive may request a re-test of the same sample at a certified laboratory at his/her own expense.

The NMC reimburses employees for appropriate and necessary work related expenses, including materials and supplies (i.e., books, software), travel and services (i.e., copying, internet charges). The NMC reimbursement policies (see https://newmexicoconsortium.org/inside-nmc/reimbursement/) are intended to satisfy requirements of the Internal Revenue Service in regard to having an “accountable plan” in place, which allows for providing reimbursement for travel or other business-related expenses without including such payments as income on an employee’s W-2 and withholding applicable taxes from the reimbursement.

The information listed below summarizes NMC requirements to reimbursement payments to meet the “accountable plan” rules.

  1. NMC will not reimburse individuals for business or professional expenses incurred on behalf of the NMC that are not properly This requirement is necessary to prevent our expense reimbursement plan from being classified as a “non-accountable” plan.
  2. All expenses must be substantiated within 60 days or less after the expense is paid or incurred.
  3. All charges to company credit cards must be substantiated in the same manner as the above-mentioned
  4. Any excess reimbursement is returned within 120 days after the expense was paid or incurred.
  5. Mileage logs: employees that regularly incur this type of expenses are expected to turn in receipts or mileage logs on a quarterly basis.

Use the online Reimbursement Request form to request reimbursement for allowed expenses.

Information on travel reimbursement requirements can be found in NMC Travel Guidelines at https://newmexicoconsortium.org/inside-nmc/travel/

NMC will reimburse reasonable relocation costs up to $2,000 for employees relocating to Los Alamos to work for NMC for at least twelve consecutive months. Employees who resign for reasons within their control, are transferred at their own request, or are terminated for cause within twelve months of their payroll start date, or the date of their permanent transfer for which relocation benefits were awarded, may be required to repay NMC the amount received for relocation.

Employees whose job description requires occasional use of their privately-owned vehicles for NMC business will be reimbursed for mileage. Those employees must have car insurance that covers such usage.

NMC intends to provide a work environment that is pleasant, professional, and free from intimidation, hostility or other offenses that might interfere with work performance.  Harassment of any sort – verbal, physical, and visual – will not be tolerated.

In the workplace, the term “harassment” refers to behavior that constitutes an illegal form of discrimination. To be unlawful, the behavior must be based on or directed at an individual’s status as a member of a protected characteristic (see https://newmexicoconsortium.org/inside-nmc/employee-manual/ ).

Workplace harassment can take many forms. It may be, but is not limited to, words, signs, offensive jokes, cartoons, pictures, posters, e-mail jokes or statements, pranks, intimidation, physical assault or contact, or violence.  Workplace harassment is not limited to sexual harassment.  It may also take the form of other vocal activity including derogatory statements not directed to the targeted individual but taking place within their hearing.

Sexual harassment at NMC is unacceptable.  Such harassment includes unwelcome sexual advances and other physical, verbal, or visual conduct based on sex when (a) submission to the conduct is an explicit or implicit term or condition of employment, (b) submission to or the rejection of the conduct is used as a basis for an employment decision, or (c) has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating or offensive working environment.  Sexual harassment may include explicit sexual propositions, sexual innuendo, suggestive comments, sexually oriented “kidding” or “teasing,” “practical jokes,” jokes about gender-specific traits, foul or obscene language or gestures, display of foul or obscene printed or visual material, and inappropriate physical contact.

Should you feel that you have been subject to discrimination or any form of harassment at work, or in connection with work, please notify your supervisor.  If you are not comfortable discussing this issue with your supervisor, contact the NMC HR Manager, COO or CEO. You may also request a conference with NMC Ombudsman who has the authority to facilitate communication directly with the NMC Board.

NMC will investigate any complaint of harassment, sexual or otherwise, and will take immediate and appropriate disciplinary action (up to and including termination of employment) if harassment has been found within the workplace.  NMC will protect the confidentiality of the harassment complaints to the extent possible.  NMC prohibits all staff and contractors from retaliating in any way against anyone who has raised any concern about harassment or discrimination against another individual.

NMC has adopted a policy prohibiting workplace violence.  Consistent with this policy, acts or threats of physical violence, including intimidation, harassment, and/or coercion, which involve or affect NMC or which occur on NMC property will not be tolerated.

Acts or threats of violence include conduct that is sufficiently severe, offensive, or intimidating to alter the employment conditions at NMC, or to create a hostile, abusive, or intimidating work environment for one or several employees.

NMC prohibition against threats and acts of violence applies to all persons involved in NMC’s operation, including but not limited to personnel, contract, and temporary workers and anyone else on NMC property.  Violations of this policy by any individual on NMC property will lead to disciplinary action, up to and including termination and/or legal action as appropriate.

Every employee is encouraged to report incidents of threats or acts of physical violence of which he/she is aware.  The report should be made to your supervisor, HR, COO or the CEO. You may also request a conference with NMC Ombudsman who has the authority to facilitate communication directly with the NMC Board.

Expectation. NMC expects employees to observe high ethical standards in carrying out their responsibilities and to comply with all applicable laws and regulations.

Open Door Policy. If any employee has complaints, concerns, or questions as to the ethics or legality of a particular action taken by another employee, CEO or officer, he/she is encouraged to raise such complaints, concerns or questions with HR, COO or the CEO.  In the event an employee is not comfortable raising the issue with HR, COO or the CEO, he/she may request a conference with NMC Ombudsman who has the authority to facilitate communication directly with the NMC Board.

Anyone filing a complaint concerning a violation or suspected violation of a law, regulation or ethical requirement must be acting in good faith and have reasonable grounds for believing the information disclosed indicates a violation.

Requirement of Investigation. Within a reasonable time of receiving a complaint, concern or question regarding compliance with a law, regulation or ethics requirement, the COO, CEO, or board member, shall open an investigation into the matter and pursue it to resolution.  Should the CEO or board member find that a law, regulation or ethics requirement has been violated, appropriate action should be taken.

Confidentiality.  To the degree possible, the names of the individuals reporting under this Whistleblower Policy shall be kept confidential.

Protection from Retaliatory Action. Neither the NMC nor its managers may take any negative employment or other retaliatory action against any employee who in good faith reports a violation of a law or regulatory requirement.  An employee who retaliates against someone who has reported a violation in good faith may be subject to discipline including, but not limited to, termination of employment.

General Policy. This general policy is not a contract and it may be rescinded or amended at any time by the NMC.  It is not intended to and does not create any legally enforceable rights whatsoever for any employee.

Social media includes all means of communicating or posting information or content of any sort on the Internet, including to your own or someone else’s web log or blog, journal or diary, personal web site, social networking or affinity web site, web bulletin board or a chat room, whether or not associated or affiliated with NMC, as well as any other form of electronic communication.

All NMC policies apply to your activities online.  Ultimately, you are solely responsible for what you post online. Any conduct that adversely affects your job performance, the performance of fellow employees or otherwise adversely affects our funders, clients, customers, colleagues, collaborators, supporters, suppliers, or people who work on behalf of NMC, or NMC’s legitimate business interests, may result in disciplinary action up to and including termination.

Inappropriate postings that may include discriminatory remarks, harassment, and threats of violence or similar inappropriate or unlawful conduct will not be tolerated and may subject you to disciplinary action up to and including termination.

Employees should not use NMC’s email addresses to register on social networks, blogs or other online tools utilized for personal use.

NMC employees should not speak to the media on NMC’s behalf without prior approval of the CEO or his designee.

Nothing in this policy is intended to or will be applied in a manner that limits employees’ rights to engage in protected concerted activity as prescribed by the National Labor Relations Act.

Title IX reads, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

The HR office is designated to serve as the Title IX coordinators. The HR Generalist (located at 999 Central Avenue, Suite 300, Los Alamos, NM 87544, 505-412-4198) is designated to serve as the Section 504 coordinator (14 C.F.R. §1251.106(a)).

This office publishes an Affirmative Action Plan annually, including a Equal Employment Policy stating that NMC does not discriminate in the operation of its programs and activities.

If any employee has complaints, concerns, or questions as to the ethics or legality of a particular action taken by another employee, CEO or officer, he/she is encouraged to raise such complaints, concerns or questions with HR, COO or the CEO.  In the event an employee is not comfortable raising the issue with HR, COO or the CEO, he/she may request a conference with NMC Ombudsman who has the authority to facilitate communication directly with the NMC Board.

Anyone filing a complaint concerning a violation or suspected violation of a law, regulation or ethical requirement must be acting in good faith and have reasonable grounds for believing the information disclosed indicates a violation.

Requirement of Investigation. Within a reasonable time of receiving a complaint, concern or question regarding compliance with a law, regulation or ethics requirement, the COO, CEO, or board member, shall open an investigation into the matter and pursue it to resolution.  Should the CEO or board member find that a law, regulation or ethics requirement has been violated, appropriate action should be taken.

Confidentiality.  To the degree possible, the names of the individuals reporting under this Nondiscrimination Policy shall be kept confidential.

Protection from Retaliatory Action. Neither the NMC nor its managers may take any negative employment or other retaliatory action against any employee who in good faith reports a violation of a law or regulatory requirement.  An employee who retaliates against someone who has reported a violation in good faith may be subject to discipline including, but not limited to, termination of employment.

General Policy. This general policy is not a contract and it may be rescinded or amended at any time by the NMC.  It is not intended to and does not create any legally enforceable rights whatsoever for any employee.

Attachments

The Family and Medical Leave Act (FMLA) entitles eligible employees who work for covered employers to take unpaid, job-protected leave for specified family and medical reasons. Eligible employees may take up to 12 workweeks of leave during any 12-month period for certain family and medical reasons and up to 26 workweeks of leave during a single 12-month period for military caregiver leave.

PROTECTIONS DURING FMLA LEAVE

Group Health Insurance Benefits

If an employee is provided group health insurance, the employee is entitled to the continuation of the group health insurance coverage during FMLA leave on the same terms as if he or she had continued to work. If family member coverage is provided to an employee, family member coverage must be maintained during the FMLA leave. The employee must continue to make any normal contributions to the cost of the health insurance premiums.

If paid leave is substituted for FMLA leave, the employee’s share of group health plan premiums must be paid by the method normally used during paid leave (usually payroll deduction). An employee on unpaid FMLA leave must make arrangements to pay the normal employee portion of the insurance premiums in order to maintain insurance coverage.

If the employee’s premium payment is more than 30 days late, the employee’s coverage may be dropped unless the employer has a policy of allowing a longer grace period. The employer must provide written notice to the employee that the payment has not been received and allow at least 15 days after the date of the letter before coverage stops.

In some instances, an employer may choose to pay the employee’s portion of the premium, for example, in order to ensure that it can provide the employee with equivalent benefits upon return from FMLA leave. In that case, the employer may require the employee to repay these amounts. In addition, the employer may require the employee to repay the employer’s share of the premium payment if the employee fails to return to work following the FMLA leave unless the employee does not return because of circumstances that are beyond the employee’s control, including a FMLA-qualifying medical condition.

Benefits Other than Health Insurance

An employee’s rights to benefits other than group health insurance while on FMLA leave depend upon the employer’s established policies. Any benefits that would be maintained while the employee is on other forms of leave, including paid leave if the employee substitutes accrued paid leave during FMLA leave, must be maintained while the employee is on FMLA leave.

Substitution of Paid Leave

FMLA entitles eligible employees to take unpaid leave. Under certain conditions, employees may “substitute,” or run at the same time as their FMLA leave, accrued paid leave (such as sick or vacation leave) to cover some or all of the period of FMLA leave. An employer may also require employees to substitute accrued paid leave for unpaid FMLA leave even when the employee has not elected to do so. In order to substitute accrued paid leave, the employee must follow the employer’s normal rules for the use of that type of leave, such as submitting a leave form or providing advance notice. If an employee does not meet the requirements to take paid leave under the employer’s normal leave policies, the employee may still take unpaid FMLA leave. Paid leave taken for reasons that do not qualify for FMLA leave does not count against the employee’s FMLA leave entitlement.

PROTECTIONS UPON RETURN FROM FMLA LEAVE (JOB RESTORATION)

When an employee returns from FMLA leave, he or she must be restored to the same job or to an “equivalent job”.The employee is not guaranteed the actual job held prior to the leave. An equivalent job means a job that is virtually identical to the original job in terms of pay, benefits, and other employment terms and conditions (including shift and location).

Equivalent pay includes the same or equivalent pay premiums, such as a shift differential, and the same opportunity for overtime as the job held prior to FMLA leave. An employee is entitled to any unconditional pay increases that occurred while he or she was on FMLA leave, such as cost of living increases. Pay increases conditioned upon seniority, length of service, or work performed must be granted only if employees taking the same type of leave for non-FMLA reasons receive the increases. Equivalent pay includes any unconditional bonuses or payments. If an employee does not meet a specific goal for achieving a bonus because of taking FMLA leave, however, the employer must only pay the bonus if employees taking the same type of leave for non-FMLA reasons receive it. For example, if an employee is substituting accrued paid sick leave for unpaid FMLA leave and other employees on paid sick leave are entitled to the bonus, then the employee taking FMLA-protected leave concurrently with sick leave must also receive the bonus.

All benefits an employee had accrued prior to a period of FMLA leave must be restored to the employee when he or she returns from leave. An employee returning from FMLA leave cannot be required to requalify for any benefits the employee enjoyed before the leave began.

LIMITATIONS TO FMLA PROTECTIONS

An employee on FMLA leave is not protected from actions that would have affected him or her if the employee was

not on FMLA leave. For example, if a shift has been eliminated, or overtime has been decreased, an employee would not be entitled to return to work that shift or the original overtime hours. If an employee is laid off during the period of FMLA leave, the employer must be able to show that the employee would not have been employed at the time of reinstatement.

An employer may also deny restoration to a “key” employee under certain circumstances. A key employee is a salaried, FMLA-eligible employee who is among the highest-paid 10 percent of all of the employer’s employees within 75 miles. To deny restoration to a key employee, an employer must have determined that substantial and grievous economic injury to its operations would result from the restoration, must have provided notice to the employee that he or she is a key employee and that restoration will be denied, and must provide the employee a reasonable opportunity to return to work.

ENFORCEMENT

It is unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise any right provided by the FMLA. It is also unlawful for an employer to discharge or discriminate against any individual for opposing any practice, or because of involvement in any proceeding, related to the FMLA. See Fact Sheet 77B:

Protections for Individuals under the FMLA. The Wage and Hour Division is responsible for administering and enforcing the FMLA for most employees. Most federal and certain congressional employees are also covered by the law but are subject to the jurisdiction of the U.S. Office of Personnel Management or Congress. If you believe that your rights under the FMLA have been violated, you may file a complaint with the Wage and Hour Division or file a private lawsuit against your employer in court.

For additional information, visit Wage and Hour Division Website: http://www.wagehour.dol.gov or call tollfree helpline, 8 a.m. to 5 p.m., 1-866-4-USWAGE (1-866-487-9243).

This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations.

U.S. Department of Labor
Frances Perkins Building
200 Constitution Avenue
NW Washington, DC 20210
1-866-4-USWAGE
TTY: 1-866-487-9243

The Employee Manual can also be downloaded as a pdf at: https://newmexicoconsortium.org/wp-content/uploads/2021/05/EManual_050121.pdf