N.M. Admin. Code § 11.3.300.317

Current through Register Vol. 35, No. 21, November 5, 2024

Section 11.3.300.317 - POST EMPLOYMENT PAYMENTS

A. The following payments made to a claimant are considered wages that must be reported by the claimant at the time they are earned and which are deductible from any benefits otherwise payable to the claimant for the week or weeks covered by such payments:

(1) Wages in lieu of notice, meaning wages paid by an employer to an employee upon separation in lieu of providing a definite period of notice per a written employer contract, a clearly defined, uniformly applied, written employer policy in place prior to the date of separation, or a statutory requirement;

(2) Bonuses, including commissions, incentive pay, ratification lump sum payments (such as union layoff bonuses), retention or "stay" bonuses, and transfer or relocation bonuses;

(3) Supplemental unemployment payments whose premiums are paid by the employer;

(4) Vacation or leave pay, bereavement pay, continuation pay, or PTO payouts with a letter of intent to return to work within four weeks of separation; or

(5) Back pay

B. A claimant who receives payments listed in Subsection A of this part cannot establish a waiting period credit or receive benefits for the week or weeks covered by such payments, if such payments equal or exceed the claimant's weekly benefit amount.

C. When a claimant leaves work voluntarily without good cause connected with work, is discharged for misconduct connected with work, or fails without good cause to apply for or accept an offer of suitable work and receives a payment listed in Subsection A of this part for services actually performed in any week for which benefits are claimed, these payments cannot be used to meet the requirement of wages earned during employment equal to or exceeding five times the weekly benefit amount of the claim to restore eligibility following a disqualification from benefits or filing a new claim under the provisions of Subsection A- C of Sections 51-1-7, NMSA 1978.

D. The following payments are not considered wages and will not be deducted from any benefits otherwise payable to a claimant:

(1) Severance

(2) Supplemental unemployment payments whose premiums are paid by the claimant

(3) Vacation or leave pay bereavement pay, continuation pay, or PTO payouts without a letter of intent to return to work

(4) Residuals

N.M. Admin. Code § 11.3.300.317

7-15-98; 11.3.300.317 NMAC - Rn & A, 11 NMAC 3.300.317, 01-01-2003; A, 11-15-2012, Adopted by New Mexico Register, Volume XXIX, Issue 20, October 30, 2018, eff. 11/1/2018