Assembly Bill No. 90–Committee on Government
Affairs
(On Behalf of Department of Personnel)
February 12, 2001
____________
Referred to Committee on Government Affairs
SUMMARY—Eliminates limitation on amount of unused
sick leave employee in public service is entitled to carry forward from year to
year. (BDR 23‑532)
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 personnel; eliminating the limitation on the amount of unused
sick leave that an employee in the public service is entitled to carry forward
from year to year; 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] is 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 year to the next is limited to one-half of the
unused sick
1-9 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 of this limitation in cases where the employee is
1-12 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 any unused
sick
1-17 leave accrued but not carried forward,] according to his number of years of
1-18 public service, except
service with a political subdivision of the state, as
1-19 follows:
2-1 (a) For 10 years of service or more but less than 15 years, not
more than
2-2 $2,500.
2-3 (b) For 15 years of service or more but less than 20 years, not
more than
2-4 $4,000.
2-5 (c) For 20 years of service or more but less than 25 years, not
more than
2-6 $6,000.
2-7 (d) For 25 years of service or more, not more than $8,000.
2-8 The department may by regulation
provide for additional sick and
2-9 disability leave for
long-term employees and for prorated sick and
2-10 disability leave for
part-time employees.
2-11 2. An employee entitled to
payment for unused sick leave pursuant to
2-12 subsection 1 may elect to
receive the payment in any one or more of the
2-13 following forms:
2-14 (a) A lump-sum payment.
2-15 (b) An advanced payment of the premiums or contributions for
2-16 insurance coverage for which
he is otherwise eligible pursuant to chapter
2-17 287 of NRS. If the insurance
coverage is terminated and the money
2-18 advanced for premiums or
contributions pursuant to this subsection
2-19 exceeds the amount which is
payable for premiums or contributions for the
2-20 period for which the former
employee was actually covered, the unused
2-21 portion of the advanced
payment must be paid promptly to the former
2-22 employee or, if he is
deceased, to his beneficiary.
2-23 (c) The purchase of additional retirement credit, if he is
otherwise
2-24 eligible pursuant to chapter
286 of NRS.
2-25 3. Officers and members of
the faculty of the University and
2-26 Community College System of
Nevada are entitled to sick and disability
2-27 leave as provided by the
regulations adopted pursuant to subsection 2 of
2-28 NRS 284.345.
2-29 4. The department may by
regulation provide policies concerning
2-30 employees with mental or
emotional disorders which:
2-31 (a) Utilize a liberal approach to the granting of sick leave or
leave
2-32 without pay when it is
necessary for them to be absent for treatment or
2-33 temporary hospitalization.
2-34 (b) Provide for the retention of their jobs for reasonable periods
of
2-35 absence, and where extended
absence necessitates separation or retirement,
2-36 provide for their
reemployment if at all possible after recovery.
2-37 (c) Protect employee benefits such as retirement, life insurance
and
2-38 health benefits.
2-39 5. The director shall
establish by regulation a schedule for the accrual
2-40 of sick leave for employees
who regularly work more than 40 hours per
2-41 week or 80 hours biweekly.
The schedule must provide for the accrual of
2-42 sick leave at the same rate
proportionately as employees who work a 40-
2-43 hour week accrue sick leave.
2-44 6. The department may
investigate any instance in which it believes
2-45 that an employee has taken
sick or disability leave to which he was not
2-46 entitled. If, after notice
to the employee and a hearing, the commission
2-47 determines that he has in
fact taken sick or disability leave to which he was
2-48 not entitled, the commission
may order the forfeiture of all or part of his
2-49 accrued sick leave.
3-1 Sec. 2. Any unused sick leave accrued by an employee who is in the
3-2 public service on July 1,
2001, that was not carried forward by the
3-3 employee because of the
limitation set forth in NRS 284.355, but was
3-4 placed in a separate account
pursuant to NAC 284.546, must be transferred
3-5 to the account of the
employee on July 1, 2001.
3-6 Sec. 3. This act becomes effective on July 1, 2001.
3-7 H