Assembly Bill No. 214–Assemblymen Williams, Giunchigliani, Arberry, Anderson, Bache, Freeman, Tiffany, Koivisto, Parnell, McClain, Gustavson, Price, Segerblom, Gibbons, Thomas, Neighbors and Mortenson

February 11, 1999

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Referred to Committee on Commerce and Labor

 

SUMMARY—Requires certain private and public employers to grant leave to certain employees for meetings with educational personnel. (BDR 53-78)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: No.

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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).

 

AN ACT relating to employment; requiring certain private and public employers to grant leave to certain employees for meetings with educational personnel; providing a penalty; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 608 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. Each employer who employs at least 300 employees in private

1-4 employment at one location in this state shall, in addition to any other

1-5 leave, grant to each employee who complies with this section at least 2

1-6 hours of leave with or without pay each year for each child of the

1-7 employee who attends kindergarten or grades 1 to 12, inclusive. An

1-8 employee who takes leave pursuant to this section must use the leave to

1-9 meet with the teacher or counselor of his child, or the principal or any

1-10 other administrator of the school that his child attends.

1-11 2. An employer shall grant paid or unpaid leave to an employee

1-12 pursuant to this section, at the discretion of the employer and within the

1-13 limits of any applicable federal law or state statute.

1-14 3. An employee who desires to take leave pursuant to subsection 1,

1-15 must provide notice to his employer at least 3 days before the employee

1-16 desires to take the leave.

2-1 4. An employer may request that an employee who takes leave

2-2 pursuant to subsection 1 provide written proof to the employer of the

2-3 attendance of the employee at a meeting with the teacher or counselor of

2-4 the employee’s child, or the principal or any other administrator of the

2-5 school that the child attends. Upon such a request, the employee must

2-6 provide the proof.

2-7 5. An employer shall not penalize an employee or otherwise take

2-8 disciplinary action against an employee because the employee requests or

2-9 takes leave pursuant to this section.

2-10 6. The provisions of this section do not prohibit an employer from

2-11 establishing a policy or program of leave that provides employees with

2-12 benefits for leave in addition to the benefits required by this section.

2-13 Sec. 2. NRS 608.180 is hereby amended to read as follows:

2-14 608.180 The labor commissioner or his representative shall cause the

2-15 provisions of NRS 608.005 to 608.170, inclusive, and section 1 of this act,

2-16 to be enforced, and upon notice from the labor commissioner or his

2-17 representative:

2-18 1. The district attorney of any county in which a violation of those

2-19 sections has occurred;

2-20 2. The deputy labor commissioner, as provided in NRS 607.050;

2-21 3. The attorney general, as provided in NRS 607.160; or

2-22 4. The special counsel, as provided in NRS 607.065,

2-23 shall prosecute the action for enforcement according to law.

2-24 Sec. 3. NRS 608.195 is hereby amended to read as follows:

2-25 608.195 Every person violating any of the provisions of NRS 608.005

2-26 to 608.190, inclusive, and section 1 of this act, is guilty of a misdemeanor.

2-27 Sec. 4. Chapter 281 of NRS is hereby amended by adding thereto a

2-28 new section to read as follows:

2-29 1. Each employee of the state or any county, city, town or other

2-30 political subdivision thereof is entitled, in addition to any other leave, to

2-31 at least 2 hours of leave with or without pay each year for each child of

2-32 the employee who attends kindergarten or grades 1 to 12, inclusive. An

2-33 employee who takes leave pursuant to this section must use the leave to

2-34 meet with the teacher or counselor of his child, or the principal or any

2-35 other administrator of the school that his child attends.

2-36 2. A public employer shall grant leave to an employee pursuant to

2-37 this section with or without pay:

2-38 (a) For state employees, within the limits of any legislative

2-39 appropriation or authorized expenditure specifically for this purpose;

2-40 and

2-41 (b) For all other public employees, at the discretion of the public

2-42 employer,

2-43 and within the limits of any applicable federal law or state statute.

3-1 3. An employee who desires to take leave pursuant to subsection 1,

3-2 must provide notice to his employer at least 3 days before the employee

3-3 desires to take the leave.

3-4 4. A public employer may request that an employee who takes leave

3-5 pursuant to subsection 1 provide written proof to the employer of the

3-6 attendance of the employee at a meeting with the teacher or counselor of

3-7 the employee’s child, or the principal or any other administrator of the

3-8 school that the child attends. Upon such a request, the employee must

3-9 provide the proof.

3-10 5. A public employer shall not penalize an employee or otherwise

3-11 take disciplinary action against an employee because the employee

3-12 requests or takes leave pursuant to this section.

3-13 Sec. 5. NRS 281.1275 is hereby amended to read as follows:

3-14 281.1275 1. Except as permitted by the federal Family and Medical

3-15 Leave Act of 1993 [,] and except as required by the operation of section 4

3-16 of this act, the salary of a public officer or employee of the state or any

3-17 agency thereof, or of a political subdivision or any agency thereof, who is

3-18 not entitled pursuant to federal or state law, local ordinance, or policy or

3-19 contract of employment to earn overtime at the rate of time and one-half,

3-20 must not be reduced for an absence from work for part of a day.

3-21 2. The provisions of this section do not apply to an officer or employee

3-22 of the legislative branch of government, except an officer or employee of

3-23 the legislative library.

3-24 Sec. 6. The amendatory provisions of section 3 of this act do not apply

3-25 to offenses that were committed before October 1, 1999.

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