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Military Duty Leave for Employees in New Mexico

Filed under Managing the Workplace. Fact checked on May 25, 2012.

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New Mexico employers must provide employees with leave for military duty in accordance with these state rules.

Employees in New Mexico who are members of the National Guard are eligible for leave when called to state-ordered duty.

Employees who enter the military, National Guard or organized reserve and are entitled military leave privileges.

Reinstatement

Employees in New Mexico who enter the military, National Guard or organized reserve and serve with honor are entitled to reemployment if qualified and if application is made within 90 days after training, service or hospitalization.

Employers must restore the person to the same position or similar position of like seniority, status and pay unless the employer's circumstances have so changed as to make it impossible or unreasonable to do so.

These rules apply to permanent employees.

Prohibited Discrimination

Employers are prohibited from discriminating against an employee because of the employee's membership in the National Guard.

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