As used in the Public Employee Caregiver Leave Act:

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A. “eligible employee” means, except as provided pursuant to Section 8 [10-16H-4 N.M. Stat. Ann.] of this 2019 act, an individual who is an officer or employee of the state or of a public school and who, in accordance with the policies of the state agency or public school employing the officer or employee, is eligible to accrue sick leave;

B. “family member” means an individual who is the spouse or domestic partner of or is by blood, marriage or legal adoption a parent, grandparent, great-grandparent, child, grandchild, great-grandchild, brother, sister, niece, nephew, aunt or uncle, or is living in the household of an eligible employee;

C. “sick leave” means a leave of absence from employment for which a state agency or public school pays an eligible employee due to illness or injury or to receive care from a licensed or certified health professional. “Sick leave” does not include leave to which an employee is entitled under the federal Family and Medical Leave Act of 1993, regardless of whether the employee uses sick leave during that leave; and

D. “state” or “state agency” means the state of New Mexico or any of its branches, agencies, departments, boards, instrumentalities or institutions.