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
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 a1-2
new section to read as follows:1-3
1. Each employer who employs at least 300 employees in private1-4
employment at one location in this state shall, in addition to any other1-5
leave, grant to each employee who complies with this section at least 21-6
hours of leave with or without pay each year for each child of the1-7
employee who attends kindergarten or grades 1 to 12, inclusive. An1-8
employee who takes leave pursuant to this section must use the leave to1-9
meet with the teacher or counselor of his child, or the principal or any1-10
other administrator of the school that his child attends.1-11
2. An employer shall grant paid or unpaid leave to an employee1-12
pursuant to this section, at the discretion of the employer and within the1-13
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 employee1-16
desires to take the leave.2-1
4. An employer may request that an employee who takes leave2-2
pursuant to subsection 1 provide written proof to the employer of the2-3
attendance of the employee at a meeting with the teacher or counselor of2-4
the employee’s child, or the principal or any other administrator of the2-5
school that the child attends. Upon such a request, the employee must2-6
provide the proof.2-7
5. An employer shall not penalize an employee or otherwise take2-8
disciplinary action against an employee because the employee requests or2-9
takes leave pursuant to this section.2-10
6. The provisions of this section do not prohibit an employer from2-11
establishing a policy or program of leave that provides employees with2-12
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: 608.180 The labor commissioner or his representative shall cause the2-15
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 his2-17
representative:2-18
1. The district attorney of any county in which a violation of those2-19
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; or2-22
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: 608.195 Every person violating any of the provisions of NRS 608.0052-26
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 a2-28
new section to read as follows:2-29
1. Each employee of the state or any county, city, town or other2-30
political subdivision thereof is entitled, in addition to any other leave, to2-31
at least 2 hours of leave with or without pay each year for each child of2-32
the employee who attends kindergarten or grades 1 to 12, inclusive. An2-33
employee who takes leave pursuant to this section must use the leave to2-34
meet with the teacher or counselor of his child, or the principal or any2-35
other administrator of the school that his child attends.2-36
2. A public employer shall grant leave to an employee pursuant to2-37
this section with or without pay:2-38
(a) For state employees, within the limits of any legislative2-39
appropriation or authorized expenditure specifically for this purpose;2-40
and2-41
(b) For all other public employees, at the discretion of the public2-42
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 employee3-3
desires to take the leave.3-4
4. A public employer may request that an employee who takes leave3-5
pursuant to subsection 1 provide written proof to the employer of the3-6
attendance of the employee at a meeting with the teacher or counselor of3-7
the employee’s child, or the principal or any other administrator of the3-8
school that the child attends. Upon such a request, the employee must3-9
provide the proof.3-10
5. A public employer shall not penalize an employee or otherwise3-11
take disciplinary action against an employee because the employee3-12
requests or takes leave pursuant to this section.3-13
Sec. 5. NRS 281.1275 is hereby amended to read as follows: 281.1275 1. Except as permitted by the federal Family and Medical3-15
Leave Act of 19933-16
of this act, the salary of a public officer or employee of the state or any3-17
agency thereof, or of a political subdivision or any agency thereof, who is3-18
not entitled pursuant to federal or state law, local ordinance, or policy or3-19
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 employee3-22
of the legislative branch of government, except an officer or employee of3-23
the legislative library.3-24
Sec. 6. The amendatory provisions of section 3 of this act do not apply3-25
to offenses that were committed before October 1, 1999.~