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