(REPRINTED WITH ADOPTED AMENDMENTS)
SECOND REPRINT A.B. 122
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.
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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).
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Chapter 281 of NRS is hereby amended by adding thereto a
1-2 new section to read as follows:
1-3 1. Any public officer or employee of the state or any agency thereof,
1-4 or of a political subdivision or an agency of a political subdivision, who
1-5 is an emergency communications technician must be relieved from his
1-6 duties, upon the request of the division of emergency management of the
1-7 department of motor vehicles and public safety or a local organization
1-8 for emergency management and the approval of his employer, to assist
1-9 the division or local organization for emergency management during a
1-10 disaster or emergency that occurs in this state, California, Oregon,
1-11 Idaho, Utah or Arizona, without loss of his regular compensation for a
1-12 period of not more than 15 working days in any calendar year. No such
2-1 absence may be a part of the annual vacation of the public officer or
2-2 employee which is provided for by law.
2-3 2. As used in this section:
2-4 (a) “Disaster” has the meaning ascribed to it in NRS 414.0335.
2-5 (b) “Emergency” has the meaning ascribed to it in NRS 414.0345.
2-6 (c) “Emergency communications technician” means a person who is:
2-7 (1) Licensed by the Federal Communications Commission as an
2-8 amateur radio operator; and
2-9 (2) A member of:
2-10 (I) The Radio Amateur Civil Emergency Service or a successor
2-11 organization sponsored by the agency of the Federal Government for
2-12 emergency management; or
2-13 (II) The Amateur Radio Emergency Service or a successor
2-14 organization sponsored by the American Radio Relay League or its
2-15 successor.
2-16 (d) “Local organization for emergency management” has the
2-17 meaning ascribed to it in NRS 414.036.
2-18 Sec. 2. NRS 284.355 is hereby amended to read as follows:
2-19 284.355 1. Except as otherwise provided in this section, all
2-20 employees in the public service, whether in the classified or unclassified
2-21 service, are entitled to sick and disability leave with pay of 1 1/4 working
2-22 days for each month of service, which may be cumulative from year to
2-23 year. After an employee has accumulated 90 working days of sick leave,
2-24 the amount of additional unused sick leave which he is entitled to carry
2-25 forward from [one] 1 year to the next is limited to one-half of the unused
2-26 sick leave accrued during that year, but the department may by regulation
2-27 provide for subsequent use of unused sick leave accrued but not carried
2-28 forward [by reason] because of this limitation in cases where the employee
2-29 is suffering from a long-term or chronic illness and has used all sick leave
2-30 otherwise available to him.
2-31 2. Upon the retirement of an employee, his termination through no
2-32 fault of his own or his death while in public employment, the employee or
2-33 his beneficiaries are entitled to payment [for] :
2-34 (a) For his unused sick leave in excess of 30 days, exclusive of any
2-35 unused sick leave accrued but not carried forward, according to his number
2-36 of years of public service, except service with a political subdivision of the
2-37 state, as follows:
2-38 [(a)] (1) For 10 years of service or more but less than 15 years, not
2-39 more than $2,500.
2-40 [(b)] (2) For 15 years of service or more but less than 20 years, not
2-41 more than $4,000.
2-42 [(c)] (3) For 20 years of service or more but less than 25 years, not
2-43 more than $6,000.
2-44 [(d)] (4) For 25 years of service, not more than $8,000.
2-45 (b) For his unused sick leave accrued but not carried forward, an
2-46 amount equal to one-half of the sum of:
2-47 (1) His hours of unused sick leave accrued but not carried forward;
2-48 and
2-49 (2) An additional 120 hours.
3-1 3. The department may by regulation provide for additional sick and
3-2 disability leave for long-term employees and for prorated sick and
3-3 disability leave for part-time employees.
3-4 [2.] 4. An employee entitled to payment for unused sick leave
3-5 pursuant to subsection [1] 2 may elect to receive the payment in any one or
3-6 more of the following forms:
3-7 (a) A lump-sum payment.
3-8 (b) An advanced payment of the premiums or contributions for
3-9 insurance coverage for which he is otherwise eligible pursuant to chapter
3-10 287 of NRS. If the insurance coverage is terminated and the money
3-11 advanced for premiums or contributions pursuant to this subsection
3-12 exceeds the amount which is payable for premiums or contributions for the
3-13 period for which the former employee was actually covered, the unused
3-14 portion of the advanced payment must be paid promptly to the former
3-15 employee or, if he is deceased, to his beneficiary.
3-16 (c) The purchase of additional retirement credit, if he is otherwise
3-17 eligible pursuant to chapter 286 of NRS.
3-18 [3.] 5. Officers and members of the faculty of the University and
3-19 Community College System of Nevada are entitled to sick and disability
3-20 leave as provided by the regulations adopted pursuant to subsection 2 of
3-21 NRS 284.345.
3-22 [4.] 6. The department may by regulation provide policies concerning
3-23 employees with mental or emotional disorders which:
3-24 (a) [Utilize] Use a liberal approach to the granting of sick leave or leave
3-25 without pay [when] to such an employee if it is necessary for [them] him
3-26 to be absent for treatment or temporary hospitalization.
3-27 (b) Provide for the retention of [their jobs] the job of such an employee
3-28 for a reasonable [periods] period of absence, and [where] if an extended
3-29 absence necessitates separation or retirement, provide for [their] the
3-30 reemployment of such an employee if at all possible after recovery.
3-31 (c) Protect employee benefits [such as] , including, without limitation,
3-32 retirement, life insurance and health benefits.
3-33 [5.] 7. The director shall establish by regulation a schedule for the
3-34 accrual of sick leave for employees who regularly work more than 40 hours
3-35 per week or 80 hours biweekly. The schedule must provide for the accrual
3-36 of sick leave at the same rate proportionately as employees who work a 40-
3-37 hour week accrue sick leave.
3-38 [6.] 8. The department may investigate any instance in which it
3-39 believes that an employee has taken sick or disability leave to which he
3-40 was not entitled. If, after notice to the employee and a hearing, the
3-41 commission determines that he has [in fact] taken sick or disability leave to
3-42 which he was not entitled, the commission may order the forfeiture of all or
3-43 part of his accrued sick leave.
3-44 Sec. 3. NRS 353.262 is hereby amended to read as follows:
3-45 353.262 When the state board of examiners finds, after diligent inquiry
3-46 and examination, that:
3-47 1. As a result of payment for terminal leave, sick leave or unused sick
3-48 leave to any state officer or employee or his beneficiary, sufficient
3-49 appropriated money does not remain available to permit the payment of a
4-1 salary when due to a person to be appointed or employed to replace the
4-2 officer or employee; and
4-3 2. The appointment or employment of the replacement is necessary in
4-4 the best interests of the state,
4-5 the state board of examiners may authorize the expenditure of sums not
4-6 exceeding [$8,000] $12,000 from the reserve for statutory contingency
4-7 account for payment of a salary when due to each person so appointed or
4-8 employed as a replacement for the person to whom the terminal leave pay
4-9 or sick leave pay was paid or is payable.
4-10 Sec. 4. Notwithstanding the provisions of subsection 6 of NRS
4-11 284.3621, if a state employee to whom NRS 284.355 applies transferred
4-12 between July 1, 1998, and July 1, 2001, any amount of his unused
4-13 sick leave accrued but not carried forward to an account for catastrophic
4-14 leave established pursuant to NRS 284.3621, the employee may, before
4-15 January 1, 2002, request his appointing authority to transfer to his account
4-16 for his unused sick leave accrued but not carried forward an amount of his
4-17 unused sick leave that he is entitled to carry forward pursuant to subsection
4-18 1 of NRS 284.355 that is equal to the amount of his unused sick leave that
4-19 he transferred to an account for catastrophic leave during that period, less
4-20 any unused sick leave returned to the employee from an account for
4-21 catastrophic leave pursuant to subsection 5 of NRS 284.3621. Upon receipt
4-22 of such a request, the appointing authority of the employee shall cause the
4-23 transfer of such sick leave before July 1, 2002.
4-24 Sec. 5. This act becomes effective on July 1, 2001.
4-25 H