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; removing the limitation on the amount of unused sick leave a state employee is entitled to carry forward from year to year; increasing the amount that a retiring employee may be paid for his unused sick leave; 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 year.

1-6 [After an employee has accumulated 90 working days of sick leave, the

1-7 amount of additional unused sick leave which he is entitled to carry forward

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

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

1-10 subsequent use of unused sick leave accrued but not carried forward by

1-11 reason of this limitation in cases where the employee is suffering from a

1-12 long-term or chronic illness and has used all sick leave otherwise available

2-1 to him.] Upon the retirement of an employee, his termination through no

2-2 fault of his own or his death while in public employment, the employee or

2-3 his beneficiaries are entitled to payment for his unused sick leave in excess

2-4 of 30 days [, exclusive of any unused sick leave accrued but not carried

2-5 forward,] according to his number of years of public service, except service

2-6 with a political subdivision of the state, as follows:

2-7 (a) For 10 years of service or more but less than 15 years, not more than

2-8 [$2,500.] $3,000.

2-9 (b) For 15 years of service or more but less than 20 years, not more than

2-10 [$4,000.] $5,000.

2-11 (c) For 20 years of service or more but less than 25 years, not more than

2-12 [$6,000.] $7,000.

2-13 (d) For 25 years of service or more, not more than [$8,000.] $10,000.

2-14 The department may by regulation provide for additional sick and disability

2-15 leave for long-term employees and for prorated sick and disability leave for

2-16 part-time employees.

2-17 2. An employee entitled to payment for unused sick leave pursuant to

2-18 subsection 1 may elect to receive the payment in any one or more of the

2-19 following forms:

2-20 (a) A lump-sum payment.

2-21 (b) An advanced payment of the premiums for insurance coverage for

2-22 which he is otherwise eligible pursuant to chapter 287 of NRS. If the

2-23 insurance coverage is terminated and the money advanced for premiums

2-24 pursuant to this subsection exceeds the amount which is payable for

2-25 premiums for the period for which the former employee was actually

2-26 covered, the unused portion of the advanced payment must be paid

2-27 promptly to the former employee or, if he is deceased, to his beneficiary.

2-28 (c) The purchase of additional retirement credit, if he is otherwise

2-29 eligible pursuant to chapter 286 of NRS.

2-30 3. Except as otherwise provided in this subsection, at the end of the

2-31 biweekly pay period immediately following January 1 and July 1 of each

2-32 year, an employee who has not used more than 10 hours of sick leave in

2-33 that pay period or in the 12 successive pay periods immediately preceding

2-34 that pay period, may request his employer to convert not more than 8

2-35 hours of his accrued sick leave to annual leave. Upon receipt of such a

2-36 request and confirmation that the provisions of this subsection are

2-37 applicable, the employer shall convert the requested number of hours to

2-38 annual leave. The provisions of this subsection do not apply to employees

2-39 who are subject to the provisions of NRS 284.148.

2-40 4. Officers and members of the faculty of the University and

2-41 Community College System of Nevada are entitled to sick and disability

2-42 leave as provided by the regulations adopted pursuant to subsection 2 of

2-43 NRS 284.345.

3-1 [4.] 5. The department may by regulation provide policies concerning

3-2 employees with mental or emotional disorders which:

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

3-4 without pay when it is necessary for them to be absent for treatment or

3-5 temporary hospitalization.

3-6 (b) Provide for the retention of their jobs for reasonable periods of

3-7 absence, and where extended absence necessitates separation or retirement,

3-8 provide for their reemployment if at all possible after recovery.

3-9 (c) Protect employee benefits such as retirement, life insurance and

3-10 health benefits.

3-11 [5.] 6. The director shall establish by regulation a schedule for the

3-12 accrual of sick leave for employees who regularly work more than 40 hours

3-13 per week or 80 hours biweekly. The schedule must provide for the accrual

3-14 of sick leave at the same rate proportionately as employees who work a 40-

3-15 hour week accrue sick leave.

3-16 [6.] 7. The department may investigate any instance in which it

3-17 believes that an employee has taken sick or disability leave to which he was

3-18 not entitled. If, after notice to the employee and a hearing, the commission

3-19 determines that he has in fact taken sick or disability leave to which he was

3-20 not entitled, the commission may order the forfeiture of all or part of his

3-21 accrued sick leave.

3-22 Sec. 2. Any unused sick leave accrued by an employee who is in the

3-23 public service on July 1, 1999, that was not carried forward by the

3-24 employee because of the limitation set forth in subsection 1 of NRS

3-25 284.355, but was placed in a separate account pursuant to NAC 284.546,

3-26 must be transferred to the account of the employee on July 1, 1999.

3-27 Sec. 3. This act becomes effective on July 1, 1999.

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