exempt

      (REPRINTED WITH ADOPTED AMENDMENTS)

 

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—Revises provisions relating to payment for sick leave of state employees. (BDR 23‑691)

 

FISCAL NOTE:                     Effect on Local Government: No.

                             Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to state employees; authorizing payment for the unused sick leave of state employees that is accrued but not carried forward in certain circumstances; increasing the maximum authorized amount of money from the reserve for statutory contingency account that the state board of examiners may authorize for payment of the salary of a replacement officer or employee following the purchase of certain leave of a former officer or employee; 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.

2-1    2.  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] :

2-4    (a) For his unused sick leave in excess of 30 days, exclusive of any

2-5  unused sick leave accrued but not carried forward, according to his number

2-6  of years of public service, except service with a political subdivision of the

2-7  state, as follows:

2-8    [(a)] (1) For 10 years of service or more but less than 15 years, not more

2-9  than $2,500.

2-10  [(b)] (2) For 15 years of service or more but less than 20 years, not more

2-11  than $4,000.

2-12  [(c)] (3) For 20 years of service or more but less than 25 years, not more

2-13  than $6,000.

2-14  [(d)] (4) For 25 years of service, not more than $8,000.

2-15  (b) Except as otherwise provided in this paragraph, for his unused

2-16  sick leave accrued but not carried forward, an amount equal to one-half

2-17  of the sum of:

2-18      (1) His hours of unused sick leave accrued but not carried forward;

2-19  and

2-20      (2) An additional 120 hours.

2-21  An unclassified employee is not entitled to the payment authorized

2-22  pursuant to this paragraph.

2-23    3.  The department may by regulation provide for additional sick and

2-24  disability leave for long-term employees and for prorated sick and

2-25  disability leave for part-time employees.

2-26    [2.] 4.  An employee entitled to payment for unused sick leave

2-27  pursuant to subsection [1] 2 may elect to receive the payment in any one or

2-28  more of the following forms:

2-29    (a) A lump-sum payment.

2-30    (b) An advanced payment of the premiums or contributions for

2-31  insurance coverage for which he is otherwise eligible pursuant to chapter

2-32  287 of NRS. If the insurance coverage is terminated and the money

2-33  advanced for premiums or contributions pursuant to this subsection

2-34  exceeds the amount which is payable for premiums or contributions for the

2-35  period for which the former employee was actually covered, the unused

2-36  portion of the advanced payment must be paid promptly to the former

2-37  employee or, if he is deceased, to his beneficiary.

2-38    (c) The purchase of additional retirement credit, if he is otherwise

2-39  eligible pursuant to chapter 286 of NRS.

2-40    [3.] 5.  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.

2-44    [4.] 6.  The department may by regulation provide policies concerning

2-45  employees with mental or emotional disorders which:

2-46    (a) [Utilize] Use a liberal approach to the granting of sick leave or leave

2-47  without pay [when] to such an employee if it is necessary for [them] him

2-48  to be absent for treatment or temporary hospitalization.

3-1    (b) Provide for the retention of [their jobs] the job of such an employee

3-2  for a reasonable [periods] period of absence, and [where] if an extended

3-3  absence necessitates separation or retirement, provide for [their] the

3-4  reemployment of such an employee if at all possible after recovery.

3-5    (c) Protect employee benefits [such as] , including, without limitation,

3-6  retirement, life insurance and health benefits.

3-7    [5.] 7.  The director shall establish by regulation a schedule for the

3-8  accrual of sick leave for employees who regularly work more than 40 hours

3-9  per week or 80 hours biweekly. The schedule must provide for the accrual

3-10  of sick leave at the same rate proportionately as employees who work a 40-

3-11  hour week accrue sick leave.

3-12    [6.] 8.  The department may investigate any instance in which it

3-13  believes that an employee has taken sick or disability leave to which he

3-14  was not entitled. If, after notice to the employee and a hearing, the

3-15  commission determines that he has [in fact] taken sick or disability leave to

3-16  which he was not entitled, the commission may order the forfeiture of all or

3-17  part of his accrued sick leave.

3-18  Sec. 2.  NRS 353.262 is hereby amended to read as follows:

3-19  353.262  When the state board of examiners finds, after diligent inquiry

3-20  and examination, that:

3-21  1.  As a result of payment for terminal leave, sick leave or unused sick

3-22  leave to any state officer or employee or his beneficiary, sufficient

3-23  appropriated money does not remain available to permit the payment of a

3-24  salary when due to a person to be appointed or employed to replace the

3-25  officer or employee; and

3-26  2.  The appointment or employment of the replacement is necessary in

3-27  the best interests of the state,

3-28  the state board of examiners may authorize the expenditure of sums not

3-29  exceeding [$8,000] $12,000 from the reserve for statutory contingency

3-30  account for payment of a salary when due to each person so appointed or

3-31  employed as a replacement for the person to whom the terminal leave pay

3-32  or sick leave pay was paid or is payable.

3-33    Sec. 3.  This act becomes effective on July 1, 2001.

 

3-34  H