A.B. 2
Assembly Bill No. 2–Joint Rules Committee
Prefiled June 13, 2001
____________
Referred to Committee of the Whole
SUMMARY—Revises provisions relating to payment for sick leave of state employees. (BDR 23‑10)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
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EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Chapter 281 of NRS is hereby amended by adding thereto a
1-2 new section to read as follows:
1-3 1. Any public officer or employee of the state or any agency thereof,
1-4 or of a political subdivision or an agency of a political subdivision, who
1-5 is an emergency communications technician must be relieved from his
1-6 duties, upon the request of the division of emergency management of the
1-7 department of motor vehicles and public safety or a local organization
1-8 for emergency management and the approval of his employer, to assist
1-9 the division or local organization for emergency management during a
1-10 disaster or emergency that occurs in this state, California, Oregon,
1-11 Idaho, Utah or Arizona, without loss of his regular compensation for a
1-12 period of not more than 15 working days in any calendar year. No such
1-13 absence may be a part of the annual vacation of the public officer or
1-14 employee which is provided for by law.
1-15 2. As used in this section:
1-16 (a) “Disaster” has the meaning ascribed to it in NRS 414.0335.
2-1 (b) “Emergency” has the meaning ascribed to it in NRS 414.0345.
2-2 (c) “Emergency communications technician” means a person who is:
2-3 (1) Licensed by the Federal Communications Commission as an
2-4 amateur radio operator; and
2-5 (2) A member of:
2-6 (I) The Radio Amateur Civil Emergency Service or a successor
2-7 organization sponsored by the agency of the Federal Government for
2-8 emergency management; or
2-9 (II) The Amateur Radio Emergency Service or a successor
2-10 organization sponsored by the American Radio Relay League or its
2-11 successor.
2-12 (d) “Local organization for emergency management” has the
2-13 meaning ascribed to it in NRS 414.036.
2-14 Sec. 2. NRS 284.355 is hereby amended to read as follows:
2-15 284.355 1. Except as otherwise provided in this section, all
2-16 employees in the public service, whether in the classified or unclassified
2-17 service, are entitled to sick and disability leave with pay of 1 1/4 working
2-18 days for each month of service, which may be cumulative from year to
2-19 year. After an employee has accumulated 90 working days of sick leave,
2-20 the amount of additional unused sick leave which he is entitled to carry
2-21 forward from [one] 1 year to the next is limited to one-half of the unused
2-22 sick leave accrued during that year, but the department may by regulation
2-23 provide for subsequent use of unused sick leave accrued but not carried
2-24 forward [by reason] because of this limitation in cases where the employee
2-25 is suffering from a long-term or chronic illness and has used all sick leave
2-26 otherwise available to him.
2-27 2. Upon the retirement of an employee, his termination through no
2-28 fault of his own or his death while in public employment, the employee or
2-29 his beneficiaries are entitled to payment [for] :
2-30 (a) For his unused sick leave in excess of 30 days, exclusive of any
2-31 unused sick leave accrued but not carried forward, according to his number
2-32 of years of public service, except service with a political subdivision of the
2-33 state, as follows:
2-34 [(a)] (1) For 10 years of service or more but less than 15 years, not
2-35 more than $2,500.
2-36 [(b)] (2) For 15 years of service or more but less than 20 years, not
2-37 more than $4,000.
2-38 [(c)] (3) For 20 years of service or more but less than 25 years, not
2-39 more than $6,000.
2-40 [(d)] (4) For 25 years of service, not more than $8,000.
2-41 (b) For his unused sick leave accrued but not carried forward, an
2-42 amount equal to one-half of the sum of:
2-43 (1) His hours of unused sick leave accrued but not carried forward;
2-44 and
2-45 (2) An additional 120 hours.
2-46 3. The department may by regulation provide for additional sick and
2-47 disability leave for long-term employees and for prorated sick and
2-48 disability leave for part-time employees.
3-1 [2.] 4. An employee entitled to payment for unused sick leave
3-2 pursuant to subsection [1] 2 may elect to receive the payment in any one or
3-3 more of the following forms:
3-4 (a) A lump-sum payment.
3-5 (b) An advanced payment of the premiums or contributions for
3-6 insurance coverage for which he is otherwise eligible pursuant to chapter
3-7 287 of NRS. If the insurance coverage is terminated and the money
3-8 advanced for premiums or contributions pursuant to this subsection
3-9 exceeds the amount which is payable for premiums or contributions for the
3-10 period for which the former employee was actually covered, the unused
3-11 portion of the advanced payment must be paid promptly to the former
3-12 employee or, if he is deceased, to his beneficiary.
3-13 (c) The purchase of additional retirement credit, if he is otherwise
3-14 eligible pursuant to chapter 286 of NRS.
3-15 [3.] 5. Officers and members of the faculty of the University and
3-16 Community College System of Nevada are entitled to sick and disability
3-17 leave as provided by the regulations adopted pursuant to subsection 2 of
3-18 NRS 284.345.
3-19 [4.] 6. The department may by regulation provide policies concerning
3-20 employees with mental or emotional disorders which:
3-21 (a) [Utilize] Use a liberal approach to the granting of sick leave or leave
3-22 without pay [when] to such an employee if it is necessary for [them] him
3-23 to be absent for treatment or temporary hospitalization.
3-24 (b) Provide for the retention of [their jobs] the job of such an employee
3-25 for a reasonable [periods] period of absence, and [where] if an extended
3-26 absence necessitates separation or retirement, provide for [their] the
3-27 reemployment of such an employee if at all possible after recovery.
3-28 (c) Protect employee benefits [such as] , including, without limitation,
3-29 retirement, life insurance and health benefits.
3-30 [5.] 7. The director shall establish by regulation a schedule for the
3-31 accrual of sick leave for employees who regularly work more than 40 hours
3-32 per week or 80 hours biweekly. The schedule must provide for the accrual
3-33 of sick leave at the same rate proportionately as employees who work a 40-
3-34 hour week accrue sick leave.
3-35 [6.] 8. The department may investigate any instance in which it
3-36 believes that an employee has taken sick or disability leave to which he
3-37 was not entitled. If, after notice to the employee and a hearing, the
3-38 commission determines that he has [in fact] taken sick or disability leave to
3-39 which he was not entitled, the commission may order the forfeiture of all or
3-40 part of his accrued sick leave.
3-41 Sec. 3. NRS 353.262 is hereby amended to read as follows:
3-42 353.262 When the state board of examiners finds, after diligent inquiry
3-43 and examination, that:
3-44 1. As a result of payment for terminal leave, sick leave or unused sick
3-45 leave to any state officer or employee or his beneficiary, sufficient
3-46 appropriated money does not remain available to permit the payment of a
3-47 salary when due to a person to be appointed or employed to replace the
3-48 officer or employee; and
4-1 2. The appointment or employment of the replacement is necessary in
4-2 the best interests of the state,
4-3 the state board of examiners may authorize the expenditure of sums not
4-4 exceeding [$8,000] $12,000 from the reserve for statutory contingency
4-5 account for payment of a salary when due to each person so appointed or
4-6 employed as a replacement for the person to whom the terminal leave pay
4-7 or sick leave pay was paid or is payable.
4-8 Sec. 4. Notwithstanding the provisions of subsection 6 of NRS
4-9 284.3621, if a state employee to whom NRS 284.355 applies transferred
4-10 between July 1, 1998, and July 1, 2001, any amount of his unused
4-11 sick leave accrued but not carried forward to an account for catastrophic
4-12 leave established pursuant to NRS 284.3621, the employee may, before
4-13 January 1, 2002, request his appointing authority to transfer to his account
4-14 for his unused sick leave accrued but not carried forward an amount of his
4-15 unused sick leave that he is entitled to carry forward pursuant to subsection
4-16 1 of NRS 284.355 that is equal to the amount of his unused sick leave that
4-17 he transferred to an account for catastrophic leave during that period, less
4-18 any unused sick leave returned to the employee from an account for
4-19 catastrophic leave pursuant to subsection 5 of NRS 284.3621. Upon receipt
4-20 of such a request, the appointing authority of the employee shall cause the
4-21 transfer of such sick leave before July 1, 2002.
4-22 Sec. 5. This act becomes effective on July 1, 2001.
4-23 H