Assembly Bill No. 468–Assemblymen Arberry, Giunchigliani, Williams and Goldwater

March 10, 1999

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Joint Sponsor: Senator Neal

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Referred to Committee on Ways and Means

 

SUMMARY—Revises provisions regarding use of sick leave by state employees. (BDR 23-1286)

FISCAL NOTE: Effect on Local Government: No.

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 state employees; allowing state employees to convert a limited amount of accrued sick leave to annual leave under certain circumstances; 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. NRS 284.355 is hereby amended to read as follows:

1-2 284.355 1. Except as otherwise provided in this section, all

1-3 employees in the public service, whether in the classified or unclassified

1-4 service, are entitled to sick and disability leave with pay of 1 1/4 working

1-5 days for each month of service, which may be cumulative from year to

1-6 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 carry

1-8 forward from one year to the next is limited to one-half of the unused sick

1-9 leave accrued during that year, but the department may by regulation

1-10 provide for subsequent use of unused sick leave accrued but not carried

1-11 forward by reason of this limitation in cases where the employee is

1-12 suffering from a long-term or chronic illness and has used all sick leave

1-13 otherwise available to him. Upon the retirement of an employee, his

1-14 termination through no fault of his own or his death while in public

1-15 employment, the employee or his beneficiaries are entitled to payment for

2-1 his unused sick leave in excess of 30 days, exclusive of any unused sick

2-2 leave accrued but not carried forward, according to his number of years of

2-3 public service, except service with a political subdivision of the state, as

2-4 follows:

2-5 (a) For 10 years of service or more but less than 15 years, not more than

2-6 $2,500.

2-7 (b) For 15 years of service or more but less than 20 years, not more than

2-8 $4,000.

2-9 (c) For 20 years of service or more but less than 25 years, not more than

2-10 $6,000.

2-11 (d) For 25 years of service or more, not more than $8,000.

2-12 The department may by regulation provide for additional sick and

2-13 disability leave for long-term employees and for prorated sick and

2-14 disability leave for part-time employees.

2-15 2. An employee entitled to payment for unused sick leave pursuant to

2-16 subsection 1 may elect to receive the payment in any one or more of the

2-17 following forms:

2-18 (a) A lump-sum payment.

2-19 (b) An advanced payment of the premiums for insurance coverage for

2-20 which he is otherwise eligible pursuant to chapter 287 of NRS. If the

2-21 insurance coverage is terminated and the money advanced for premiums

2-22 pursuant to this subsection exceeds the amount which is payable for

2-23 premiums for the period for which the former employee was actually

2-24 covered, the unused portion of the advanced payment must be paid

2-25 promptly to the former employee or, if he is deceased, to his beneficiary.

2-26 (c) The purchase of additional retirement credit, if he is otherwise

2-27 eligible pursuant to chapter 286 of NRS.

2-28 3. At the end of the biweekly pay period immediately following

2-29 January 1 and July 1 of each year, an employee who has not used any

2-30 sick leave in that pay period or in the 12 successive pay periods

2-31 immediately preceding that pay period, may request his employer to

2-32 convert not more than 8 hours of his accrued sick leave to annual leave.

2-33 Upon receipt of such a request and confirmation that the provisions of

2-34 this subsection are applicable, the employer shall convert the requested

2-35 number of hours to annual leave.

2-36 4. Officers and members of the faculty of the University and

2-37 Community College System of Nevada are entitled to sick and disability

2-38 leave as provided by the regulations adopted pursuant to subsection 2 of

2-39 NRS 284.345.

2-40 [4.] 5. The department may by regulation provide policies concerning

2-41 employees with mental or emotional disorders which:

3-1 (a) Utilize a liberal approach to the granting of sick leave or leave

3-2 without pay when it is necessary for them to be absent for treatment or

3-3 temporary hospitalization.

3-4 (b) Provide for the retention of their jobs for reasonable periods of

3-5 absence, and where extended absence necessitates separation or retirement,

3-6 provide for their reemployment if at all possible after recovery.

3-7 (c) Protect employee benefits such as retirement, life insurance and

3-8 health benefits.

3-9 [5.] 6. The director shall establish by regulation a schedule for the

3-10 accrual of sick leave for employees who regularly work more than 40

3-11 hours per week or 80 hours biweekly. The schedule must provide for the

3-12 accrual of sick leave at the same rate proportionately as employees who

3-13 work a 40-hour week accrue sick leave.

3-14 [6.] 7. The department may investigate any instance in which it

3-15 believes that an employee has taken sick or disability leave to which he

3-16 was not entitled. If, after notice to the employee and a hearing, the

3-17 commission determines that he has in fact taken sick or disability leave to

3-18 which he was not entitled, the commission may order the forfeiture of all

3-19 or part of his accrued sick leave.

3-20 Sec. 2. This act becomes effective on July 1, 1999.

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