Assembly Bill No. 122–Assemblymen
de Braga, Anderson, Berman, Chowning, Collins, Gibbons, Giunchigliani,
Humke, Koivisto, Lee, Manendo, Oceguera, Parks and Smith
February 13, 2001
____________
Referred to Concurrent Committees on Government Affairs
and Ways and Means
SUMMARY—Requires payment for all accrued unused
sick leave of state employee under certain circumstances. (BDR 23‑691)
FISCAL NOTE: Effect on Local Government: 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; requiring payment for all accrued unused sick leave of
a state employee 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]
1 year to the next
is limited to one-half of the unused
1-9 sick 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]
because of this
limitation in cases where the employee
1-12 is 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
1-16 his unused sick leave [in excess of 30 days, exclusive of] ,
including,
1-17 without limitation, any unused sick leave accrued but not carried
forward .
2-1 [, according to his number of years of public service, except service
with a
2-2 political subdivision of the state, as follows:
2-3 (a) For 10 years of service
or more but less than 15 years, not more than
2-4 $2,500.
2-5 (b) For 15 years of service
or more but less than 20 years, not more than
2-6 $4,000.
2-7 (c) For 20 years of service
or more but less than 25 years, not more than
2-8 $6,000.
2-9 (d) For 25 years of service
or more, not more than $8,000.] The
2-10 department may by regulation
provide for additional sick and disability
2-11 leave for long-term
employees and for prorated sick and disability leave for
2-12 part-time employees.
2-13 2. An employee entitled to
payment for unused sick leave pursuant to
2-14 subsection 1 may elect to
receive the payment in any one or more of the
2-15 following forms:
2-16 (a) A lump-sum payment.
2-17 (b) An advanced payment of the premiums or contributions for
2-18 insurance coverage for which
he is otherwise eligible pursuant to chapter
2-19 287 of NRS. If the insurance
coverage is terminated and the money
2-20 advanced for premiums or
contributions pursuant to this subsection
2-21 exceeds the amount which is
payable for premiums or contributions for the
2-22 period for which the former
employee was actually covered, the unused
2-23 portion of the advanced
payment must be paid promptly to the former
2-24 employee or, if he is
deceased, to his beneficiary.
2-25 (c) The purchase of additional retirement credit, if he is
otherwise
2-26 eligible pursuant to chapter
286 of NRS.
2-27 3. Officers and members of
the faculty of the University and
2-28 Community College System of
Nevada are entitled to sick and disability
2-29 leave as provided by the
regulations adopted pursuant to subsection 2 of
2-30 NRS 284.345.
2-31 4. The department may by
regulation provide policies concerning
2-32 employees with mental or
emotional disorders which:
2-33 (a) [Utilize] Use a liberal approach to the granting of sick
leave or leave
2-34 without pay [when]
to such an employee if it
is necessary for [them] him
2-35 to be absent for treatment
or temporary hospitalization.
2-36 (b) Provide for the retention of [their jobs]
the job of such an employee
2-37 for a reasonable [periods]
period of absence,
and [where] if an extended
2-38 absence necessitates
separation or retirement, provide for [their] the
2-39 reemployment of such an employee if at
all possible after recovery.
2-40 (c) Protect employee benefits [such as]
, including, without limitation,
2-41 retirement, life insurance
and health benefits.
2-42 5. The director shall
establish by regulation a schedule for the accrual
2-43 of sick leave for employees
who regularly work more than 40 hours per
2-44 week or 80 hours biweekly.
The schedule must provide for the accrual of
2-45 sick leave at the same rate
proportionately as employees who work a 40-
2-46 hour week accrue sick leave.
2-47 6. The department may investigate
any instance in which it believes
2-48 that an employee has taken
sick or disability leave to which he was not
2-49 entitled. If, after notice
to the employee and a hearing, the commission
3-1 determines that he has [in fact]
taken sick or disability leave to which he
3-2 was not entitled, the
commission may order the forfeiture of all or part of
3-3 his accrued sick leave.
3-4 Sec. 2. This act becomes effective on July 1, 2001.
3-5 H