Amendment No. 599

Assembly Amendment to Assembly Bill No. 214 (BDR 53-78)

Proposed by: Committee on Commerce and Labor

Amendment Box:

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend section 1, page 1, by deleting lines 3 through 8 and inserting:

"1. Each employer who employs at least 300 employees in private employment at one location in this state shall, in addition to any other leave, grant to each employee who complies with this section at least 2 hours of leave with or without pay each year for each child of the employee who attends kindergarten or grades 1 to 12, inclusive. An employee who takes leave pursuant to this section must use the leave to meet with the teacher or counselor of his child, or the principal or any other administrator of the school that his child attends.

2. An employer shall grant paid or unpaid leave to an employee pursuant to this section, at the discretion of the employer and within the limits of any applicable federal law or state statute.

3. An employee who desires to take leave pursuant to subsection 1, must provide notice to his employer at least 3 days before the employee desires to take the leave.

4. An employer may request that an employee who takes leave pursuant to subsection 1 provide written proof to the employer of the attendance of the employee at a meeting with the teacher or counselor of the employee’s child, or the principal or any other administrator of the school that the child attends. Upon such a request, the employee must provide the proof.

5. An employer shall not penalize an employee or otherwise take disciplinary action against an employee because the employee requests or takes leave pursuant to this section.

6. The provisions of this section do not prohibit an employer from establishing a policy or program of leave that provides employees with benefits for leave in addition to the benefits required by this section.".

Amend the bill as a whole by renumbering sec. 4 as sec. 6 and adding new sections designated sections 4 and 5, following sec. 3, to read as follows:

"Sec. 4. Chapter 281 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Each employee of the state or any county, city, town or other political subdivision thereof is entitled, in addition to any other leave, to at least 2 hours of leave with or without pay each year for each child of the employee who attends kindergarten or grades 1 to 12, inclusive. An employee who takes leave pursuant to this section must use the leave to meet with the teacher or counselor of his child, or the principal or any other administrator of the school that his child attends.

2. A public employer shall grant leave to an employee pursuant to this section with or without pay:

(a) For state employees, within the limits of any legislative appropriation or authorized expenditure specifically for this purpose; and

(b) For all other public employees, at the discretion of the public employer,

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

3. An employee who desires to take leave pursuant to subsection 1, must provide notice to his employer at least 3 days before the employee desires to take the leave.

4. A public employer may request that an employee who takes leave pursuant to subsection 1 provide written proof to the employer of the attendance of the employee at a meeting with the teacher or counselor of the employee’s child, or the principal or any other administrator of the school that the child attends. Upon such a request, the employee must provide the proof.

5. A public employer shall not penalize an employee or otherwise take disciplinary action against an employee because the employee requests or takes leave pursuant to this section.

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

281.1275 1. Except as permitted by the federal Family and Medical Leave Act of 1993 [,] and except as required by the operation of section 4 of this act, the salary of a public officer or employee of the state or any agency thereof, or of a political subdivision or any agency thereof, who is not entitled pursuant to federal or state law, local ordinance, or policy or contract of employment to earn overtime at the rate of time and one-half, must not be reduced for an absence from work for part of a day.

2. The provisions of this section do not apply to an officer or employee of the legislative branch of government, except an officer or employee of the legislative library.".

Amend sec. 4, page 2, line 7, after "provisions of" by inserting:

"section 3 of".

Amend the title of the bill by deleting the first line and inserting:

"AN ACT relating to employment; requiring certain private and public employers to grant leave".

Amend the summary of the bill by deleting the first line and inserting:

"SUMMARY—Requires certain private and public employers to grant leave to certain".