Assembly Bill No. 246–Assemblymen de Braga, Freeman, Neighbors, Segerblom, Goldwater, Bache, Mortenson, Claborn, McClain, Koivisto, Parnell, Anderson, Arberry, Giunchigliani, Williams, Parks, Collins, Manendo, Ohrenschall, Price, Gibbons, Lee, Buckley, Perkins and Chowning
February 16, 1999
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Referred to Committee on Government Affairs
SUMMARY—Requires payment for all accrued unused sick leave of state employee in certain circumstances. (BDR 23-1324)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
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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:
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Section 1. NRS 284.355 is hereby amended to read as follows: 284.355 1. Except as otherwise provided in this section, all1-3
employees in the public service, whether in the classified or unclassified1-4
service, are entitled to sick and disability leave with pay of 1 1/4 working1-5
days for each month of service, which may be cumulative from year to1-6
year. After an employee has accumulated 90 working days of sick leave,1-7
the amount of additional unused sick leave which he is entitled to carry1-8
forward from1-9
sick leave accrued during that year, but the department may by regulation1-10
provide for subsequent use of unused sick leave accrued but not carried1-11
forward by reason of this limitation in cases where the employee is1-12
suffering from a long-term or chronic illness and has used all sick leave1-13
otherwise available to him. Upon the retirement of an employee, his1-14
termination through no fault of his own or his death while in public2-1
employment, the employee or his beneficiaries are entitled to payment for2-2
his unused sick leave2-3
without limitation, any unused sick leave accrued but not carried forward .2-4
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department may by regulation provide for additional sick and disability2-14
leave for long-term employees and for prorated sick and disability leave2-15
for part-time employees.2-16
2. An employee entitled to payment for unused sick leave pursuant to2-17
subsection 1 may elect to receive the payment in any one or more of the2-18
following forms:2-19
(a) A lump-sum payment.2-20
(b) An advanced payment of the premiums for insurance coverage for2-21
which he is otherwise eligible pursuant to chapter 287 of NRS. If the2-22
insurance coverage is terminated and the money advanced for premiums2-23
pursuant to this subsection exceeds the amount which is payable for2-24
premiums for the period for which the former employee was actually2-25
covered, the unused portion of the advanced payment must be paid2-26
promptly to the former employee or, if he is deceased, to his beneficiary.2-27
(c) The purchase of additional retirement credit, if he is otherwise2-28
eligible pursuant to chapter 286 of NRS.2-29
3. Officers and members of the faculty of the University and2-30
Community College System of Nevada are entitled to sick and disability2-31
leave as provided by the regulations adopted pursuant to subsection 2 of2-32
NRS 284.345.2-33
4. The department may by regulation provide policies concerning2-34
employees with mental or emotional disorders which:2-35
(a) Utilize a liberal approach to the granting of sick leave or leave2-36
without pay when it is necessary for them to be absent for treatment or2-37
temporary hospitalization.2-38
(b) Provide for the retention of their jobs for reasonable periods of2-39
absence, and where extended absence necessitates separation or retirement,2-40
provide for their reemployment if at all possible after recovery.2-41
(c) Protect employee benefits such as retirement, life insurance and2-42
health benefits.3-1
5. The director shall establish by regulation a schedule for the accrual3-2
of sick leave for employees who regularly work more than 40 hours per3-3
week or 80 hours biweekly. The schedule must provide for the accrual of3-4
sick leave at the same rate proportionately as employees who work a 40-3-5
hour week accrue sick leave.3-6
6. The department may investigate any instance in which it believes3-7
that an employee has taken sick or disability leave to which he was not3-8
entitled. If, after notice to the employee and a hearing, the commission3-9
determines that he has in fact taken sick or disability leave to which he was3-10
not entitled, the commission may order the forfeiture of all or part of his3-11
accrued sick leave.3-12
Sec. 2. This act becomes effective on July 1, 1999.~