NEVADA ADMINISTRATIVE CODE CHAPTER 284 - STATE PERSONNEL SYSTEM

ATTENDANCE AND LEAVES

 

     NAC 284.523  Definitions. (NRS 284.065, 284.155, 284.345)   As used in NAC 284.523 to 284.598, inclusive, and sections 2, 3 and 4 of LCB File No. R017-16, unless the context otherwise requires, the words and terms defined in NAC 284.5231 to 284.52375, inclusive, and section 4 of LCB File No. R017-16 have the meanings ascribed to them in those sections.

     (Added to NAC by Dep't of Personnel, eff. 3-23-94; A by R082-00, 8-2-2000; A by Personnel Comm'n by R060-09, 11-25-2009; R017-16, 11-2-2016)

 

     NAC 284.5231  "Care" defined. (NRS 284.065, 284.155, 284.345)   "Care" means the activities performed or attention provided when an employee:

     1.  Provides psychological comfort and reassurance to his or her spouse, child or parent with a serious health condition who is receiving inpatient or home care;

     2.  Substitutes for another person who is caring for the employee's spouse, child or parent who has a serious health condition;

     3.  Makes arrangements for any change in the care of his or her spouse, child or parent with a serious health condition; or

     4.  Provides physical or psychological care to his or her spouse, child, parent or other member of his or her immediate family who is unable to provide for his or her own:

     (a) Basic medical, hygienic or nutritional needs;

     (b) Safety; or

     (c) Transportation to a provider of health care.

     (Added to NAC by Dep't of Personnel, eff. 3-23-94; A 11-16-95; A by Personnel Comm'n by R145-05, 12-29-2005)

 

     NAC 284.52315  "Child" defined. (NRS 284.065, 284.155, 284.345)

     1.  “Child” means a person who is:

     (a) A biological, adopted or foster child, a stepchild, a legal ward or a child of a person standing in loco parentis to that child; and 

     (b) Except as otherwise provided in NAC 284.5235 and 284.562, under 18 years of age or who is 18 years of age or older and incapable of self-care because of a physical or mental disability at the time the requested leave is to commence.

     2.  The term includes a person who meets the definition of “child” as interpreted by the Division of Human Resource Management pursuant to section 2 of LCB File No. R017-16.

     3.  As used in this section:

     (a) “Incapable of self-care” means that a person requires active assistance or supervision to provide daily self-care in three or more of the:

          (1) Activities of daily living which include adaptive activities, including, without limitation, caring appropriately for personal grooming and hygiene, bathing, dressing and eating; or

          (2) Instrumental activities of daily living which include, without limitation, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories and using a post office.

     (b) “Physical or mental disability” means a physical or mental impairment that substantially limits one or more of the major life activities of a person, as those terms are defined in 29 C.F.R. § 1630.2(h), (i) and (j).

    (Added to NAC by Dep't of Personnel, eff. 3-23-94; A by Personnel Comm'n by R096-02, 10-30-2003; R017-16,11-2-2016) 

 

    NEW "Child" interpreted. Except for the purposes of NAC 284.5235 and 284.562, the Division of Human Resource Management shall interpret and construe the definition of "child" set forth in NAC 284.52315 in a manner that is consistent with the interpretation by the Wage and Hour Division of the United States Department of Labor of the definition of "son or daughter" set forth in 29 C.F.R. § 825.122(d).

     (Added to NAC by Personnel Comm'n by R017-16, eff. 11-2-2016)

 

     NAC 284.52345  "Family and Medical Leave Act" defined. (NRS 284.065, 284.155, 284.345)   "Family and Medical Leave Act" means the Family and Medical Leave Act of 1993 adopted by reference in NAC 284.581.

     (Added to NAC by Dep't of Personnel by R082-00, eff. 8-2-2000)

 

     NAC 284.5235  "Immediate family" defined. (NRS 284.065, 284.155, 284.345)   "Immediate family" means:

     1.  The employee's parents, spouse, children, regardless of age, brothers, sisters, grandparents, great-grandparents, uncles, aunts, nephews, grandchildren, nieces, great-grandchildren and stepparents.

     2.  If they are living in the employee's household, the employee's father-in-law, mother-in-law, son-in-law, daughter-in-law, grandfather-in-law, grandmother-in-law, great-grandfather-in-law, great-grandmother-in-law, uncle-in-law, aunt-in-law, brother-in-law, sister-in-law, grandson-in-law, granddaughter-in-law, nephew-in-law, niece-in-law, great-grandson-in-law and great-granddaughter-in-law.

     3.  The employee's next of kin if the employee is entitled to take leave pursuant to the Family and Medical Leave Act to care for a covered service member.

     (Added to NAC by Dep't of Personnel, eff. 3-23-94; A by Personnel Comm'n by R060-09, 11-25-2009)

    

    NEW “In loco parentis” defined.

1. “Person standing in loco parentis” or “person who stood in loco parentis” means:

(a) For the purposes of NAC 284.52315, a person who has day-to-day responsibilities to care for or financially support a child; and

(b) For the purposes of NAC 284.5237, a person who had the day-to-day responsibilities to care for or financially support an employee when the employee was a child.

2. For the purposes of this section, a biological or legal relationship between the person and the child or between the person and the employee when the employee was a child, as applicable, is not necessary.

(Added to NAC by Personnel Comm’n by R017-16, eff. 11-2-2016)

 

     NAC 284.5237  "Parent" defined. (NRS 284.065, 284.155, 284.345)   

     1.  "Parent" means a biological, adopted or foster parent or stepparent of an employee or a person who stood in loco parentis to the employee when the employee was a child.

    2.  The term includes a person who meets the definition of "parent" as interpreted by the Division of Human Resource Management pursuant to section 3 of LCB File No. R017-16.

        3.  The term does not include a parent of the spouse of an employee.

     (Added to NAC by Dep't of Personnel, eff. 3-23-94; A by Personnel Comm'n by R017-16, 11-2-2016

 

    NEW “Parent” interpreted. The Division of Human Resource Management shall interpret and construe the definition of “parent” set forth in NAC 284.5237 in a manner that is consistent with the interpretation by the Wage and Hour Division of the United States Department of Labor of the definition of “parent” set forth in 29 C.F.R. § 825.122(c).

(Added to NAC by Personnel Comm’n by R017-16, eff. 11-2-2016)

 

NRS 629.031  “Provider of health care” defined.

 

     NAC 284.52375  "Provider of health care" defined. (NRS 284.065, 284.155, 284.345)   "Provider of health care" means:

     1.  A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state or country in which the doctor practices.

     2.  A podiatric physician, a dentist, a clinical psychologist, an optometrist or a chiropractor who is authorized to practice as a podiatric physician, a dentist, a clinical psychologist, an optometrist or a chiropractor by the state or country in which he or she practices and who is performing within the scope of his or her practice as defined by the law of that state or country.

     3.  A nurse practitioner, nurse midwife,   physician assistant or clinical social worker who is authorized to practice as a nurse practitioner, nurse midwife, physician assistant or clinical social worker by the state or country in which he or she practices and who is performing within the scope of his or her practice as defined by the law of that state or country.

     4.  A practitioner in Christian Science who is listed with The First Church of Christ, Scientist, in Boston, Massachusetts. The list of practitioners may be obtained from the Christian Science Committee on Publication for Nevada, 2994 Talbot Street, Las Vegas, Nevada 89169, by telephone at (702) 807-8026, by electronic mail at nevada@compub.org  or on the online directory located at www.christianscience.com .

     5.  A provider of health care, as defined in NRS 629.031, acting within the scope of his or her license whose certification of the existence of a serious health condition is acceptable to substantiate a claim for benefits under the Public Employees' Benefits Program.

     (Added to NAC by Dep't of Personnel, eff. 3-23-94; A 11-16-95; R082-00, 8-2-2000; A by Personnel Comm'n by R135-12, 10-4-2013)

 

NRS 281.110  State offices to maintain minimum 40-hour workweeks; variable schedules for workweek; posting of days and hours of operation.

NRS 284.180  Pay plan to set official rates applicable to all positions in classified service; overtime; workweek for certain firefighters; innovative workweeks; existing contracts of employment; payment for working on holiday.

 

     NAC 284.524  Reporting for work; workweeks and workdays; periods for meals and rest. (NRS 284.065, 284.155, 284.345)  

     1.  An employee shall report for a work shift on time and ready to perform the duties and tasks assigned to his or her position.

     2.  Except as otherwise provided in this subsection, the workweek for state employees is 40 hours. A workweek of a different number of hours may be established to meet the needs of state agencies in compliance with the provisions of NRS 281.100, 281.110 and 284.180. The workday for a full-time state employee who works a standard or nonstandard work schedule consists of two work periods separated by a 1/2- to 1-hour meal period. Insofar as practicable, the meal period must occur in the middle of the work shift. A rest period of 15 minutes must be granted for each 4-hour period of work and, insofar as practicable, must occur in the middle of the period of work.

     3.  Except as otherwise provided in subsections 4 and 5, an appointing authority shall provide a meal period and rest period to an employee who has an innovative work schedule during each workday as follows:

     (a) A 1/2- to 1-hour meal period must be provided during each period of work that exceeds 6 hours. Insofar as practicable, the meal period must occur in the middle of the work shift.

     (b) A rest period of 15 minutes must be provided for each 4-hour period of work and, insofar as practicable, must occur in the middle of the period of work.

     4.  The requirement to relieve an employee for a 1/2- to 1-hour meal period does not apply to an employee who receives a paid meal period.

     5.  The requirement for a rest period does not apply to an employee who works:

     (a) Directly with the inmates at a correctional institution.

     (b) For the Division of Public and Behavioral Health of the Department of Health and Human Services and who:

            (1) Maintains or monitors the equipment in a heat plant which operates 24 hours a day; and

            (2) Works a straight 8-hour work shift.

     (Added to NAC by Dep't of Personnel, eff. 10-26-84; A 4-20-90; 8-1-91; 11-12-93; R031-98, 4-17-98; R098-99, 9-27-99; A by Personnel Comm'n by R068-03, 10-30-2003; R145-05, 12-29-2005)

    

    NEW Reasonable break times and place to express milk. An employee who is the mother of a child under 1 year of age must be permitted to take reasonable breaks to express milk.  Her appointing authority shall:

1. If the employee determines that her rest periods are not sufficient to express milk:

    (a) Approve the use of accrued annual leave, accrued compensatory time or leave without pay to make up the difference between her normal rest period and the time she uses to express milk and for reasonable breaks other than her rest periods to express milk; or

    (b) Permit the employee to modify her work schedule to make up the difference between her normal rest period and the time she uses to express milk and for reasonable breaks other than her rest periods to express milk.

2. Provide a place, other than a bathroom, that is reasonably free of dirt or pollution, protected from the view of others, and free from intrusion by others. 


    NEW Request for break times and place to express milk.

1. Each department or agency within the Executive Branch shall develop a procedure for an employee to request reasonable break times and place for the expression of milk as provided for in  section 2 of Assembly Bill No. 113, chapter 281, Statutes of Nevada 2017.

2. Every effort should be made to address the specific employee’s needs. If the employee is on leave at the time the request is received, including Family and Medical Leave, the department or agency may attempt to contact and consult with the employee.

3. A request for break times and place to express milk is deemed to be received by a department or agency:

    (a) On the date on which the employee or his or her chosen representative personally delivers the request, transmits it by facsimile machine, or submits it by email; or

    (b) If the employee mails a request, 3 days after:

         (1) The date on which the request was postmarked; or     

         (2) The date on the return receipt if sent by certified mail.     

4. Within 5 working days after the employee’s request is deemed to have been received by the department or agency, the department or agency shall answer the request.

 

     NAC 284.525  Reduction of hours by mutual agreement. (NRS 284.065, 284.155, 284.345)   Except with respect to a leave of absence without pay during a fiscal emergency of the State or an agency pursuant to NAC 284.580, an appointing authority and an employee may reduce the employee's working hours to less than full time by mutual agreement.

     (Added to NAC by Dep't of Personnel, eff. 10-26-84; A by Personnel Comm'n by R096-03, 10-30-2003)

 

     NAC 284.5255  Time sheets. (NRS 284.065, 284.155, 284.175, 284.345)  

     1.  Except as otherwise provided in subsection 2, an employee shall provide an accurate accounting of the hours worked and leave used during a pay period on the appropriate form provided by his or her employer, including, without limitation, the specific times at which his or her work shifts started and ended. Entries must be made to account for all hours in the pay period, as prescribed by the employer. The employee shall submit the form in a timely manner to his or her supervisor or the designated representative of the supervisor.

     2.  An exempt classified employee or exempt unclassified employee shall provide on the appropriate form an accurate accounting of leave used pursuant to NAC 284.5895.

     3.  An employee who falsifies his or her time sheet or who causes or attempts to cause another employee to falsify a time sheet may be subject to disciplinary action pursuant to NAC 284.650.

     4.  An employee's supervisor is responsible for reviewing the employee's time sheet and verifying the accuracy of all hours worked and leave used by the employee.

     5.  The supervisor or the person who is responsible for coordinating the payroll of the agency may change an entry on an employee's time sheet in accordance with the policy of the agency. If a change is made to an entry on the employee's time sheet, the employee must be notified of the change. If the employee contests a change to an entry on his or her time sheet, he or she is entitled only to his or her base pay for the workweek in question. The contested entry must be resolved as soon as practicable, and any adjustment must be made during the next pay period following the resolution of the contested entry.

     6.  A supervisor who is negligent in reviewing and certifying the accuracy of an employee's time sheet may be subject to disciplinary action pursuant to NAC 284.650.

     (Added to NAC by Dep't of Personnel, eff. 11-16-95; A 10-27-97; R031-98, 4-17-98; R147-01, 1-22-2002; A by Personnel Comm'n by R145-05, 12-29-2005)

 

NRS 236.015  Legal holidays; closing of state, county and city offices, courts, public schools and Nevada System of Higher Education.

NRS 284.350  Annual leave.


     NAC 284.538  Annual leave:  Computation; part-time employees; long-term employees. (NRS 284.065, 284.155, 284.345, 284.350)  

     1.  Except as otherwise provided in this subsection and NAC 284.5415, to compute the amount of annual leave to which an employee is entitled, an employee must be considered to work not more than 40 hours each week. If an employee occupies more than one position in different departments, he or she must be considered to work not more than 40 hours each week in each position.

     2.  A part-time employee is entitled to receive annual leave that is prorated based on the number of hours he or she is in paid status, excluding overtime.

     3.  An employee who holds two or more part-time positions in state service may combine the number of hours he or she is in paid status for all positions to compute annual leave, excluding overtime.

     4.  The basis for the computation of annual leave to which an exempt classified employee or exempt unclassified employee is entitled must not exceed the number of hours authorized in the biennial operating budget of this State for his or her position.

     5.  For each calendar month of full-time service, an employee is entitled to accrue annual leave at the rate of:

     (a) One and one-half days per month for an employee who has completed 10 years or more but less than 15 years of continuous full-time or part-time state service; or

     (b) One and three-fourths days per month for an employee who has completed 15 years or more of continuous full-time or part-time state service.

Ê If an employee has not been in continuous public service, the period before the interruption will not be counted except as otherwise provided in NAC 284.5405.

     [Personnel Div., Rule VII § C, eff. 8-11-73; A 2-5-82]-(NAC A by Dep't of Personnel, 10-26-84; 3-27-92; 9-16-92; 11-16-95; 10-27-97; R031-98, 4-17-98; A by Personnel Comm'n by R145-05, 12-29-2005)

 

NRS 281.390  Sick leave of public employees: Election of benefits; amount limited when eligible for benefits for industrial or occupational disease.


     NAC 284.5385  Annual leave:  Leave without pay; catastrophic leave; receipt of benefits for temporary total disability. (NRS 284.065, 284.155, 284.345, 284.350)  

     1.  Except as otherwise provided in NAC 284.580, an employee does not accrue annual leave during the time he or she is on leave without pay or on catastrophic leave.

     2.  A person who is receiving benefits for a temporary total disability pursuant to chapters 616A to 616D, inclusive, or 617 of NRS and makes the election provided in:

     (a) Subsection 1 or 3 of NRS 281.390 is entitled to accrue annual leave during the period he or she is receiving those benefits and is being paid an amount of sick leave equal to the difference between his or her normal pay and the benefits received.

     (b) Subsection 5 of NRS 281.390 must be placed on leave of absence without pay, unless the employee is on family and medical leave because a serious health condition prevents him or her from performing one or more of the essential functions of his or her position. Such an employee may, while on such leave, elect to use his or her accrued annual leave in lieu of being placed on leave of absence without pay.

     3.  An employee who does not have enough sick leave to make up the difference between his or her normal pay and the benefits for a temporary total disability must be placed on leave of absence without pay for the time he or she is receiving such benefits and the balance of time not covered by sick leave or other paid leave. The employee accrues annual leave only for the time he or she is in paid status, excluding overtime.

     (Added to NAC by Dep't of Personnel, eff. 10-26-84; A 12-17-87; 7-14-88; 7-21-89; 8-1-91; 3-27-92; 9-16-92; 11-12-93; 3-23-94; 7-1-94; 11-16-95; R147-01, 1-22-2002; A by Personnel Comm'n by R145-05, 12-29-2005)

 

     NAC 284.539  Annual leave:  Written request; approval or denial; authorized use. (NRS 284.065, 284.155, 284.345, 284.350)  

     1.  Except as otherwise provided by the Family and Medical Leave Act, an appointing authority shall determine the time when annual leave is taken after considering the needs of the agency and the seniority and wishes of the employee. Annual leave may not be granted in excess of the accumulated annual leave.

     2.  A written request for annual leave that is submitted by an employee within a reasonable time before the date upon which the annual leave is requested to commence must be approved or denied by the appointing authority, in writing, before the date upon which the annual leave is requested to commence or within 15 days after the appointing authority receives the request, whichever is sooner.

     3.  The appointing authority may deny a request for annual leave for good and sufficient reason. The appointing authority may not prohibit an employee from using at least 5 consecutive days of annual leave in any calendar year.

     4.  An employee shall request annual leave at least 30 days in advance if the need for leave is foreseeable and the annual leave is to be taken in conjunction with a planned leave of absence without pay.

     5.  An employee who has accumulated both annual leave and compensatory time off, and who may lose annual leave at the end of the calendar year, may elect to use the annual leave instead of the compensatory time for approved leave. In all other instances, compensatory time must, as far as practicable, be exhausted before annual leave is used.

     6.  An employee who is receiving benefits for a temporary total disability pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS may use his or her accrued annual leave pursuant to NAC 284.5775.

     (Added to NAC by Dep't of Personnel, eff. 10-26-84; A 6-18-86; 9-17-87; 7-14-88; 4-20-90; 3-23-94; 11-16-95; R031-98, 4-17-98; R082-00, 8-2-2000; A by Personnel Comm'n by R145-05, 12-29-2005)

 

     NAC 284.5395  Annual leave:  Payment upon separation from service. (NRS 284.065, 284.155, 284.175, 284.350)   An employee who has completed 6 months of continuous service and who has separated from state service must be paid a lump-sum payment for any unused annual leave which he or she has earned through the date of separation.

     (Added to NAC by Dep't of Personnel, eff. 10-26-84; A by R147-01, 1-22-2002)

 

     NAC 284.540  Records of earned and used leave. (NRS 284.065, 284.155, 284.345)   Each appointing authority shall keep accurate records of earned and used leave unless these records are maintained by a centralized time and attendance system.

     (Added to NAC by Dep't of Personnel, eff. 10-26-84; A by Personnel Comm'n by R069-02, 8-14-2002)

 

NRS 284.022  Inclusion of employees of certain governmental agencies in State Personnel System.

NRS 284.350  Annual leave.

 

     NAC 284.5405  Annual leave:  Credit upon reinstatement, rehiring, reemployment or transfer. (NRS 284.065, 284.155, 284.345, 284.350)  

     1.  Except as otherwise provided in this section, any employee who returns to state service following a separation is eligible to accrue annual leave based on his or her total service with the State after he or she has completed 3 years of continuous service. The employee must requalify after each break in service.

     2.  An employee who is rehired within 1 year after being laid off accrues annual leave at a rate based on his or her total state service. He or she may use the annual leave immediately upon accruing it if he or she has completed a total of 6 months of employment.

     3.  An employee with a permanent disability arising from a work-related injury or  occupational disease who is reemployed following a separation from state service within 1 year after the date on which he or she sustained the permanent disability as determined pursuant to NAC 284.6013 accrues annual leave at a rate based on his or her total state service. He or she may use the annual leave immediately upon accruing it if he or she has completed a total of 6 months of employment.

     4.  An employee who is rehired within 1 year after being laid off is entitled to buy back the balance of the annual leave for which he or she received payment in a lump sum on the date of the layoff. The rate of pay at which he or she is rehired applies to the buying back of annual leave.

     5.  An employee with a permanent disability arising from a work-related injury or occupational disease who is reemployed following a separation from state service within 1 year after the date on which he or she sustained the permanent disability as determined pursuant to NAC 284.6013 is entitled to buy back the balance of the annual leave for which he or she received payment in a lump sum at the time of separation. The rate of pay at which he or she is reemployed applies to the buying back of annual leave.

     6.  If an employee who was laid off before completing 6 months of employment is rehired within 1 year after the layoff, the amount of the unpaid annual leave he or she had earned before the layoff must be restored.

     7.  If a person eligible for military reemployment is reemployed, he or she accrues annual leave at the rate which he or she would have earned if he or she had not left state service.

     8.  If an employee is appointed without a break in service from a position under one appointing authority to a position under another appointing authority, the balance of the employee's annual leave is charged to the agency to which he or she is appointed.

     9.  If a nonclassified employee, an employee occupying a position within of the Nevada System of Higher Education or an employee included in the State Personnel System pursuant to NRS 284.022 is appointed without a break in service to the nonclassified, classified or unclassified service, his or her annual leave must be recomputed to reflect the amount that would have accrued to him or her as a classified or unclassified employee less any annual leave which he or she used during his or her nonclassified, Nevada System of Higher Education or governmental agency employment, and the remaining balance will be transferred to the new appointment. The amount of annual leave transferred by the employee pursuant to this subsection may not exceed the maximum amount which is permitted by the classified or unclassified rate of accrual as set forth in NRS 284.350 and NAC 284.538. The agency to which the employee is appointed is not responsible for payment of any annual leave in excess of the amount which is transferable. It is the responsibility of the employee who is transferring annual leave to seek payment of any excess amount of annual leave remaining to his or her credit from his or her former employer. If the amount of annual leave which is recomputed pursuant to this subsection results in a negative amount, the employee will begin the new appointment in the classified or unclassified service without any hours of annual leave.

     (Added to NAC by Dep't of Personnel, eff. 10-26-84; A 8-28-85; 4-19-88; 3-27-92; 11-12-93; 3-1-96; R031-98, 4-17-98; A by Personnel Comm'n by R096-03, 10-30-2003; R022-05, 10-31-2005; R142-05 & R145-05, 12-29-2005; R024-16, 12-21-2016)

 

     NAC 284.541  Annual leave:  Service in provisional, special disabled, emergency or temporary status; seasonal employees. (NRS 284.065, 284.155, 284.345, 284.350)  

     1.  Service in a provisional, special disabled, emergency or temporary status must be credited toward annual leave if it is immediately preceded or followed by a status of appointment which enables the employee to obtain the required 6 months of continuous service.

     2.  Service in a special position, which is temporary, in the University may be credited toward annual leave if it is immediately followed by probationary or permanent status.

     3.  An employee in a seasonal position who works a combined amount of time which equals 6 months is eligible for annual leave. The employee may choose to maintain the balance of the annual leave or receive a payment in lieu of annual leave upon separation from the seasonal position if he or she has completed the qualifying period of 6 months. An employee who is not paid for his or her annual leave upon separation from a seasonal position and who does not return to state service within 1 year must be paid the balance of his or her annual leave no later than 1 year after termination if he or she has completed the qualifying period of 6 months.

     (Added to NAC by Dep't of Personnel, eff. 10-26-84; A 7-6-92)

 

NRS 284.355  Leave for sickness and disability: Accrual; payment for unused leave; employees with mental or emotional disorders; forfeiture of leave.

 

     NAC 284.5415  Annual leave and sick leave:  Exception employees. (NRS 284.065, 284.155, 284.180, 284.345, 284.350, 284.355)  

     1.  As used in this section:

     (a) "Exception employee" means an employee whose normally scheduled hours of work are more than 80 hours biweekly; and

     (b) "Regular employee" means an employee whose normally scheduled hours of work are 8 hours per day, 40 hours per week, or 80 hours biweekly.

     2.  An exception employee is entitled to accrue annual leave and sick leave based on his or her average workday. The average workday of such an employee must be determined by dividing the total scheduled hours of work per year by 2,088 and multiplying the quotient by 8.

     3.  When an exception employee is appointed to a job classification with a schedule of work as a regular employee, the accrued annual leave and sick leave of the exception employee must be converted to the amount of annual leave and sick leave that would have been accrued as a regular employee.

     4.  When a regular employee is appointed to a job classification with a schedule of work as an exception employee, the accrued annual leave and sick leave of the regular employee must be converted to the amount of annual leave and sick leave that would have been accrued as an exception employee.

     5.  For the purposes of this section, a firefighter is an exception employee and shall be deemed to work an average of 56 hours per week and 2,912 hours per year.

     (Added to NAC by Dep't of Personnel, 9-13-91, eff. 10-1-91; A 3-1-96)

 

     NAC 284.542  Sick leave:  Part-time employees. (NRS 284.065, 284.155, 284.345, 284.355)  

     1.  A part-time employee is entitled to accrue sick leave at the rate of 1 1/4 days per month, which is prorated based on the number of hours the employee is in paid status, excluding overtime.

     2.  An employee who holds two or more part-time positions in the state service may combine the time in all positions for the purpose of computing the hours of accrued sick leave.

     [Personnel Div., Rule VII § D subsec. 2, eff. 8-11-73; A and renumbered as subsec. 1, 2-5-82; § D subsec. 3, eff. 2-5-82]-(NAC A by Personnel Comm'n by R145-05, 12-29-2005)

 

NRS 281.390  Sick leave of public employees: Election of benefits; amount limited when eligible for benefits for industrial or occupational disease.

NRS 287.0445  Payment of premiums or contributions for state officer or employee injured in course of employment while member of Program.

 

     NAC 284.544  Sick leave:  Leave without pay; catastrophic leave; receipt of benefits for temporary total disability; computation. (NRS 284.065, 284.155, 284.345, 284.355)  

     1.  Except as otherwise provided in NAC 284.580, an employee does not accrue sick leave during the time he or she is on leave without pay or on catastrophic leave.

     2.  A person who is receiving benefits for a temporary total disability pursuant to chapters 616A to 616D, inclusive, or 617 of NRS and:

     (a) Makes the election provided in subsection 1 or 3 of NRS 281.390 is entitled to accrue sick leave during the period he or she is receiving those benefits and is being paid an amount of sick leave equal to the difference between his or her normal pay and the benefits received.

     (b) Makes the election provided in subsection 5 of NRS 281.390 must be placed on leave of absence without pay, unless the employee elects to use his or her accrued annual leave.

     3.  An employee who does not have enough sick leave to make up the difference between his or her normal pay and the benefits for temporary total disability must be placed on leave of absence without pay for the time he or she is receiving such benefits and the balance of time not covered by paid leave. The employee accrues sick leave only for the time he or she is in paid status, excluding overtime.

     4.  To compute the amount of sick leave to which an employee is entitled, an employee must be considered to work not more than 40 hours each week. If an employee occupies more than one position in different departments, the amount of sick leave to which the employee is entitled must be computed based on not more than 40 hours each week in each position.

     5.  The basis for the computation of the amount of sick leave to which an exempt classified employee or exempt unclassified employee is entitled must not exceed the number of hours authorized in the biennial operating budget of this State for his or her position.

     (Added to NAC by Dep't of Personnel, eff. 12-17-87; A 7-14-88; 7-21-89; 8-1-91; 9-16-92; 11-12-93; 3-23-94; 7-1-94; 11-16-95; R147-01, 1-22-2002; A by Personnel Comm'n by R145-05, 12-29-2005)

 

     NAC 284.546  Sick leave:  Unused credit; special sick leave. (NRS 284.065, 284.155, 284.345, 284.355)   Unused sick leave accrued but not carried forward pursuant to the provisions of NRS 284.355 must be placed in a separate account.  Sick leave accrued in a separate account pursuant to this section is designated as special sick leave.  Special sick leave may be used if an employee has used all the sick leave otherwise available to him or her and meets the conditions, as applicable, of NAC 284.554, 284.566 and 284.568.

     [Personnel Div., Rule VII § D subsec. 3, eff. 8-11-73; A and renumbered as subsec. 2, 2-5-82]-(NAC A by Dep't of Personnel, 10-26-84; 8-22-86; 11-16-95; A by Personnel Comm'n by R145-05, 12-29-2005)

 

     NAC 284.548  Sick leave:  Reinstatement of dismissed employee. (NRS 284.065, 284.155, 284.175, 284.345, 284.355)   An employee who is dismissed and later reinstated by an order of a hearing officer must repay any money the employee received for payment of sick leave benefits. The amount of the payment may be deducted from the first available wage payments or any back pay owed to the employee. After the money is fully repaid pursuant to this section, the balance of the amount of sick leave that the employee had before he or she was dismissed must be restored to the employee.

     (Added to NAC by Dep't of Personnel, eff. 4-20-90; A by Personnel Comm'n by R145-05, 12-29-2005)

 

     NAC 284.550  Sick leave:  Separation from service. (NRS 284.065, 284.155, 284.345, 284.355)  

     1.  An employee who is being separated from service earns sick leave only through the last working day for which he or she is entitled to pay. If the last working day occurs earlier than the last day of the month, the sick leave must be prorated.

     2.  Except as otherwise provided in subsection 1 of NAC 284.551, an employee who is rehired is not entitled to the restoration of accrued and unused sick leave which remains in his or her account at the time of his or her separation.

     [Personnel Div., Rule VII § D subsec. 5, eff. 8-11-73; A and renumbered as subsec. 4, 2-5-82; Rule VII § D subsec. 5, eff. 2-5-82]-(NAC A by Dep't of Personnel, 10-26-84; 4-19-88; 7-14-88)

 

     NAC 284.551  Sick leave:  Credit upon rehiring, reemployment or transfer. (NRS 284.065, 284.155, 284.345, 284.355)  

     1.  An employee who is rehired within 1 year after he or she is laid off is entitled to the restoration of the accrued and unused sick leave remaining in his or her account at the time of the layoff.

     2.  The balance of a seasonal employee's sick leave must be restored to him or her for each subsequent term of appointment if the employee is rehired within 1 year after the date of his or her last seasonal separation.

     3.  An employee who is reemployed within 1 year after sustaining a permanent disability arising from a work-related injury or occupational disease as determined pursuant to NAC 284.6013 is entitled to restoration of the accrued and unused sick leave that remained in his or her account at the time of separation.

     4.  If an employee is appointed without a break in service from a position under one appointing authority to a position under another appointing authority, the balance of his or her sick leave is charged to the agency to which he or she is appointed.

     5.  If a nonclassified employee, an employee occupying a position within the Nevada System of Higher Education or an employee covered by NRS 284.022 is appointed to the nonclassified, classified or unclassified service without a break in service, his or her sick leave must be recomputed to reflect the amount that would have accrued to him or her as a classified or unclassified employee less any sick leave which he or she used during his or her nonclassified, Nevada System of Higher Education or governmental agency employment and the remaining balance will be transferred to the new appointment. If the amount of sick leave which is recomputed pursuant to this subsection results in a negative amount, the employee will begin the new appointment in the classified or unclassified service without any hours of sick leave.

     (Added to NAC by Dep't of Personnel, eff. 10-26-84; A 4-19-88; 3-1-96; A by Personnel Comm'n by R142-05 & R145-05, 12-29-2005; R024-16, 12-21-2016) 

 

     NAC 284.552  Sick leave:  Service in provisional, emergency or temporary status; seasonal employees. (NRS 284.065, 284.155, 284.345, 284.355)  

     1.  Service in provisional, emergency or temporary status, including, without limitation, temporary limited appointments pursuant to NRS 284.327 of persons with disabilities who are certified by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation and service provided by an employee who has a work-related injury or occupational disease pursuant to a temporary assignment as set forth in NAC 284.6004, must be credited towards sick leave.

     2.  Service in a special position which is temporary in the Nevada System of Higher Education may be credited towards sick leave if it is immediately followed by probationary or permanent status.

     3.  An employee in a seasonal position must be credited with sick leave.

     (Added to NAC by Dep't of Personnel, eff. 10-26-84; A 7-6-92; A by Personnel Comm'n by R145-05, 12-29-2005)

 

     NAC 284.554  Sick leave:  Authorized use. (NRS 284.065, 284.155, 284.345, 284.355)    

An employee is entitled to use sick leave if the employee:

     1.  Is unable to perform the duties of his or her position because he or she is sick, injured or physically incapacitated due to a medical condition;

     2.  Is physically incapacitated due to pregnancy or childbirth and is therefore unable to  perform the duties of the employee's position;

     3.  Is quarantined;

     4.  Is receiving required medical, psychological, optometric or dental service or examination;

     5.  Is receiving counseling through an employee assistance program for a condition which would otherwise qualify pursuant to the provisions of this section; or

     6.  Has an illness, death or other authorized medical need in his or her immediate family and he or she complies with the requirements of NAC 284.558 or 284.562.

     [Personnel Div., Rule VII § D part subsec. 6, eff. 8-11-73; A 2-5-82]-(NAC A by Dep't of Personnel, 10-26-84; 4-20-90; 11-16-95; A by Personnel Comm'n by R141-07, 1-30-2008)

 

     NAC 284.558  Sick leave:  Illness in employee's immediate family. (NRS 284.065, 284.155, 284.345, 284.355)  

     1.  Except as otherwise provided in this section, if an employee is needed to provide care for a member of his or her immediate family with an illness or other authorized medical need, the employee may use his or her accumulated sick leave, not to exceed 120 hours in any 1 calendar year. An employee is not subject to this 120-hour limitation if the leave is approved under the Family and Medical Leave Act.

     2.  The appointing authority may approve an exception to the 120-hour limitation or the requirement that the immediate family member be living in the employee's household. To obtain an exception, the employee must submit a request in writing to the appointing authority, accompanied by a certification from a provider of health care that substantiates the need for the employee's participation.

     3.  The appointing authority may require the employee to submit supplemental information which includes a second and third medical opinion as provided in subsection 2 of NAC 284.566.

     [Personnel Div., Rule VII § D part subsec. 6, eff. 8-11-73; A and renumbered as subsec. 7, 2-5-82]-(NAC A by Dep't of Personnel, 10-26-84; 3-23-94; 11-16-95; R082-00, 8-2-2000; A by Personnel Comm'n by R145-05, 12-29-2005)

 

     NAC 284.562  Sick leave or catastrophic leave:  Death in employee's immediate  family. (NRS 284.065, 284.155, 284.345, 284.355, 284.3626)  

     1.  If a member of the employee's immediate family dies, he or she may use his or her accumulated sick leave, or request approval for catastrophic leave pursuant to NAC 284.576, not to exceed 5 working days for each death.

     2.  For the purposes of this section, "immediate family" means the employee's parents, spouse, children, brothers, sisters, grandparents, great-grandparents, uncles, aunts, nephews, grandchildren, nieces, great-grandchildren, father-in-law, mother-in-law, son-in-law, daughter-in-law, grandfather-in-law, grandmother-in-law, great-grandfather-in-law, great-grandmother-in-law, uncle-in-law, aunt-in-law, brother-in-law, sister-in-law, grandson-in-law, grand-daughter-in-law, nephew-in-law, niece-in-law, great-grandson-in-law, great-granddaughter-in-law, stepparents and stepchildren.

     3.  If a reasonable amount of additional time is needed for traveling related to funeral arrangements, the appointing authority shall approve an exception to this limitation.

     [Personnel Div., Rule VII § D part subsec. 6, eff. 8-11-73; A and renumbered as subsec. 8, 2-5-82]-(NAC A by Dep't of Personnel, 10-26-84; 11-16-95)

 

     NAC 284.566  Sick leave:  Approval by appointing authority; medical certification. (NRS 284.065, 284.155, 284.345, 284.355)  

     1.  An appointing authority may approve sick leave only after having ascertained that the absence was for an authorized reason. For absences in excess of 3 consecutive working days, or for cases of suspected abuse, the appointing authority may require that the employee submit substantiating evidence, which may include, but is not limited to, a certificate from a provider of health care of the need for the absence.

     2.  For absences for which medical certification is required, the appointing authority may require the employee to provide a second medical opinion. If a second medical opinion is required, an employee shall obtain the opinion from a provider of health care designated by the appointing authority.  The employing agency shall pay for the consultation.   The provider of health care who provides the second opinion of an employee's health condition shall certify as to the ability of the employee to perform his or her duties and responsibilities and when he or she believes the employee can return to work. The provider of health care who provides the second opinion of an immediate family member's health condition shall certify as to the health condition of the family member, the probable duration of the health condition and incapacity, and the need for the employee's assistance or presence. A copy of each opinion must be provided to the employee, the patient and the appointing authority, as appropriate. If the first and second opinions differ, the appointing authority may require the employee to provide a third medical opinion.

     3.  If a third medical opinion is required, an employee shall obtain the opinion from a provider of health care approved jointly by the employee and the appointing authority. If necessary, a list of three providers of health care from which the selection must be made may be requested from the medical society of the county in which the employee or, if applicable, the member of his or her immediate family, resides or works. If such a list is used, the selection of the third provider of health care must be made by the employee and appointing authority alternately striking one name off the list. The third opinion is final and binding. The employing   agency shall pay for the consultation.

     4.  An employee shall request sick leave at least 30 days in advance if the need for leave is foreseeable and the sick leave is to be taken in conjunction with a planned leave of absence without pay.

     5.  An appointing authority may require a statement from a provider of health care that an employee is able to resume work if the requirement is related to the employee's ability to perform one or more of the essential functions of his or her position.

     [Personnel Div., Rule VII § D subsec. 8, eff. 8-11-73; A and renumbered as subsec. 9, 2-5-82]-(NAC A by Dep't of Personnel, 10-26-84; 3-23-94; 11-16-95; R082-00, 8-2-2000; A by Personnel Comm'n by R135-12, 10-4-2013)

 

     NAC 284.568  Sick leave:  Placing employee on sick leave; conditions for return to work. (NRS 284.065, 284.155, 284.345, 284.355)  

     1.  An appointing authority may place an employee on sick leave if:

     (a) Due to a known or suspected illness or injury, the employee is not performing at the level required by his or her position or is not able to perform the essential functions of the position with or without reasonable accommodation, as determined by the appointing authority pursuant to NAC 284.441; or

     (b) The illness appears to be contagious.

     2.  If the appointing authority places the employee on sick leave pursuant to subsection 1, the appointing authority may require the employee, before the employee may return to work, to provide documentation from a provider of health care which verifies that the employee is medically able to perform the essential functions of the job with or without reasonable accommodation and does not have a contagious illness.

     3.  Except as otherwise provided in NRS 281.390, the appointing authority may require an eligible employee to use sick leave during the time family and medical leave is granted.

     (Added to NAC by Dep't of Personnel, eff. 10-26-84; A 7-6-92; 3-23-94; R082-00, 8-2-2000; A by Personnel Comm'n by R145-05, 12-29-2005; R135-12, 10-4-2013)


NRS 284.362  Catastrophic leave: Definitions.

NRS 284.3621  Catastrophic leave: Account for catastrophic leave; transfer of hours to account; limitations on transfers; transfers between branches of government.

NRS 284.3622  Catastrophic leave: Request for transfer to employee of hours from account for catastrophic leave.

NRS 284.3623  Catastrophic leave: Approval of transfer of hours to employee.

NRS 284.3624  Catastrophic leave: Review of status of employee regarding catastrophe; termination of leave; disposition of hours not used.

NRS 284.3625  Catastrophic leave: Maintenance of records; reports to Administrator.

NRS 284.3626  Catastrophic leave: Regulations of Commission.

NRS 284.3628  Committee on Catastrophic Leave: Chair and Vice Chair; quorum; rules; hearings; Secretary.

NRS 284.3629  Committee on Catastrophic Leave: Appeal of decision of appointing authority; procedure; representation of employee; finality of decision; inapplicability of Open Meeting Law.

 

     NAC 284.575  Catastrophic leave:  Interpretation of certain statutory terms. (NRS 284.065, 284.155, 284.362, 284.3626)   As used in NRS 284.362:

     1.  "Lengthy convalescence" means a period of disability which an attending physician expects to exceed 10 consecutive weeks.

     2.  "Life threatening" means a condition which is diagnosed by a physician as creating a substantial risk of death.

     (Added to NAC by Dep't of Personnel, eff. 8-14-90; A by R146-01, 1-18-2002)

 

     NAC 284.576  Catastrophic leave:  Use and administration; appeal of denial. (NRS 284.065, 284.155, 284.3621, 284.3626)  

     1.  An account for catastrophic leave may be established for an employee when he or she or a member of his or her immediate family experiences a catastrophe and the employee has used all of his or her accrued leave.

     2.  An employee who is affected by a catastrophe and has used or is about to use all of his or her leave may request, on the appropriate form, the transfer of leave to an account for catastrophic leave for his or her personal use after the balance of all of his or her leave has been used. Such a request must be accompanied by a statement from a physician on a form provided by the Committee on Catastrophic Leave created pursuant to NRS 284.3627 which substantiates the necessity of the leave.

     3.  When a member of the immediate family of an employee is affected by a catastrophe, the appointing authority of the employee may require substantiating evidence that the member of the immediate family requires the employee's attendance before approving the transfer of leave to an account for catastrophic leave for use by the employee. Such evidence may include a statement by an attending physician regarding the status of the catastrophe.

     4.  The appointing authority shall approve or deny a request for catastrophic leave, taking into consideration the nature of the catastrophe and the expected duration of the leave. The decision of the appointing authority may be appealed to the Committee on Catastrophic Leave pursuant to NRS 284.3629.

     5.  An employee who wishes to donate hours to an account for catastrophic leave for use by another employee who has been approved to receive the donated hours shall notify his or her appointing authority on the appropriate form of his or her intent to donate the leave. The appointing authority of the employee donating the leave shall submit a copy of the form to the appointing authority of the employee receiving the leave. The appointing authority of the recipient shall use the notice to effect a transfer of leave from the account of the donor to the account of the recipient when the recipient needs to use those hours. If more than one notice of intent to donate leave is received by the recipient's appointing authority on behalf of the recipient, the notices must be maintained in chronological order and used, one at a time as needed, according to the date in which they were received.

     6.  A donor and his or her appointing authority must be notified on the appropriate form when the donated leave specifically designated for use by another employee has been used or if the amount of leave donated is in excess of the amount approved for use by the recipient. Except as otherwise provided in this subsection, excess leave must be restored to the account of the donor within 30 working days after the last day on which the recipient was eligible to receive catastrophic leave. If the donor is separated from state service before the excess leave is restored pursuant to this subsection, the excess leave must be transferred to the account for catastrophic leave of the appointing authority of the donor when the donation of leave was made.

     7.  The appointing authority shall provide the following information on a calendar year basis or as requested by the Administrator:

     (a) Each employee under its authority, identified by a number assigned in accordance with subsection 8, donating or using catastrophic leave, his or her grade and rate of pay and the number of hours and dollar value of the leave donated, excluding any excess leave restored to the account of a donor, pursuant to subsection 6, or used by the employee; and

     (b) The period and nature of the disability for each employee using catastrophic leave.

     8.  The appointing authority shall assign numbers to employees for the purposes of subsection 7 in a sequential order and in such a manner that ensures the confidentiality of the identity of those employees.

     9.  Hours donated to an account for catastrophic leave must be donated in increments of 8 hours.

     10.  As used in this section, "immediate family" has the meaning ascribed to it in NAC 284.562.

     (Added to NAC by Dep't of Personnel, eff. 10-18-89; A 8-14-90; 3-23-94; R146-01, 1-18-2002; A by Personnel Comm'n by R145-05, 12-29-2005; R136-12, 10-4-2013)  

 

     NAC 284.577  Catastrophic leave:  Repayment for hours used; receipt of workers' compensation benefits. (NRS 284.065, 284.155, 284.175, 284.345, 284.3626)  

     1.  Except as otherwise provided in subsection 2, an employee who has used hours from an account for catastrophic leave may voluntarily repay the account for those hours.

     2.  An employee who is entitled to catastrophic leave and workers' compensation benefits may not receive more than 100 percent of his or her pay for the period of the leave. An employee must repay the account for catastrophic leave when the combined benefit of catastrophic leave and workers' compensation exceeds his or her normal rate of pay.

     3.  The amount required to repay the hours from an account for catastrophic leave must be based on the employee's normal rate of pay at the time he or she used the hours.

     (Added to NAC by Dep't of Personnel, eff. 11-16-95; A by Personnel Comm'n by R069-02, 8-14-2002)

 

NRS 284.360  Leave of absence without pay.

NRS 281.390  Sick leave of public employees: Election of benefits; amount limited when eligible for benefits for industrial or occupational disease.

 

     NAC 284.5775  Temporary total disability:  Use of sick leave, compensatory time, annual leave and catastrophic leave; leave of absence without pay. (NRS 284.065, 284.155, 284.345, 284.350, 284.355, 284.3626)   An employee who is receiving benefits for a temporary total disability pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS may:

     1.  Elect to receive payment for all or part of the difference between his or her normal pay and the benefits received by:

     (a) Using his or her accrued sick leave as provided in subsection 1 or 3 of NRS 281.390;

     (b) Using his or her accrued compensatory time;

     (c) Using his or her accrued annual leave if he or she:

            (1) Is on family and medical leave for a serious health condition that prevents him or her from performing one or more of the essential functions of his or her position; or

            (2) Elected to use his or her accrued sick leave pursuant to NRS 281.390 and has exhausted all of his or her accrued sick leave; or

     (d) Using catastrophic leave if he or she has exhausted all of his or her accrued annual leave, sick leave and compensatory time and his or her request for catastrophic leave has been approved pursuant to NAC 284.576; or

     2.  Elect to be placed on leave of absence without pay in accordance with subsection 5 of NRS 281.390.

     (Added to NAC by Dep't of Personnel by R031-98, eff. 4-17-98; A by R082-00, 8-2-2000)

 

NRS 616C.475  Amount and duration of compensation; limitations; requirements for certification of disability; offer of light-duty employment.

 

     NAC 284.5777  Temporary total disability:  Workers' compensation travel leave to receive medical treatment (NRS 284.065, 284.155, 284.175, 284.345)  

     1.  An appointing authority shall grant leave to an employee in the classified or unclassified service of the State to receive medical treatment for a work-related injury or occupational disease if the employee:

     (a) Qualified for benefits for a temporary total disability pursuant to NRS 616C.475; and

     (b) After returning to work, is required to travel more than 50 miles one way from his or her place of employment to receive such medical treatment.

     2.  An appointing authority shall pay an employee who is granted leave pursuant to subsection 1:

     (a) If he or she is a nonexempt employee, his or her regular hourly rate of pay for each hour that he or she is absent from his or her place of employment for such leave.

     (b) If he or she is an exempt classified employee or an exempt unclassified employee and is absent from his or her place of employment for a full day for such leave, his or her regular rate of pay for each such day.

     3.  Leave granted pursuant to this section must be taken as workers' compensation travel leave and must not be deducted from any sick leave, annual leave, compensatory leave or any other personal leave that may be available to the employee.

     (Added to NAC by Personnel Comm'n by R221-05, eff. 2-23-2006) 

 

NRS 392.4577  Employer required to grant leave to parent to participate in school conferences and other school-related activities; conditions; exception.

NRS 392.920  Employer prohibited from threatening or taking retaliatory action against parent for parent’s participation in certain school conferences and school-related activities; penalty; authorization for parent to file claim with Labor Commissioner.

NRS 394.179  Parental involvement: Employer required to grant leave to parent to participate in school conferences and other school-related activities; conditions; exception.

 

     NAC 284.578  Leave of absence without pay. (NRS 284.065, 284.155, 284.345, 284.360)  

     1.  Except as otherwise provided in NRS 284.360, an appointing authority may grant a leave of absence without pay to an employee for not more than 1 year for any satisfactory reason.

     2.  The Commission may grant leaves of absence without pay in excess of 1 year for purposes deemed beneficial to the public service.

     3.  An appointing authority may require an employee on leave of absence without pay to submit every 2 weeks a statement of his or her intent to return to work.

     4.  If the reason for granting the leave no longer exists, the appointing authority may revoke the leave after notifying the employee in writing and allowing, so far as is practicable, not less than 5 working days after the date of notification for the employee to return to work.

     5.  An employee shall request leave without pay at least 30 days in advance of when the need for the leave is foreseeable, if practicable.

     6.  An employee may not use leave without pay in lieu of sick leave or annual leave without approval of the appointing authority.

     7.  An employee who is using leave pursuant to the Family and Medical Leave Act may not use leave without pay until the employee has exhausted all the accrued sick leave, accrued annual leave, accrued compensatory time and catastrophic leave that the employee is eligible to use based on the nature of the absence, as required by NAC 284.5811.

     [Personnel Div., Rule VII § E subsecs. 1-4, eff. 8-11-73]-(NAC A by Dep't of Personnel, 10-26-84; 3-23-94; 10-27-97; A by Personnel Comm'n by R145-05, 12-29-2005; R060-09, 11-25-2009)

 

     NAC 284.580  Leave of absence without pay during fiscal emergency of State or agency. (NRS 284.065, 284.155, 284.175, 284.345, 284.360)    

     1.  Upon the request of an appointing authority, the Department of Administration may authorize the appointing authority to place a nonexempt employee on a leave of absence without pay for a fiscal emergency of the State or an agency during any period for which the Governor has declared that the State or an agency will experience a shortfall in revenue or for any other reason is in a state of fiscal emergency.

     2.  All employees in the same classification must be treated equitably with respect to being placed on a leave of absence without pay pursuant to this section unless an employee volunteers to be placed on such a leave of absence.

     3.  The appointing authority shall reduce the pay of an employee who is placed on a leave of absence without pay pursuant to subsection 1 by an amount equal to the pay that the employee would otherwise receive for the hours for which the leave is approved.

     4.  The hours for which payment is withheld pursuant to subsection 3:

     (a) Must be treated as hours in paid status for the purposes of NAC 284.182, 284.255, 284.448, 284.538, 284.5385, 284.544 and 284.614.

     (b) Must not be considered as time worked in calculating overtime.

     5.  Regardless of whether an employee volunteers to be placed on a leave of absence pursuant to subsection 1, after notifying the employee in writing and allowing a reasonable period for the employee to return to work, an appointing authority:

     (a) Shall revoke the placement of any employee on a leave of absence without pay pursuant to subsection 1 upon a declaration by the Governor that the fiscal emergency no longer exists.

     (b) May revoke the placement of any employee on any leave of absence without pay pursuant to subsection 1 for any other bona fide reason.

     (Added to NAC by Dep't of Personnel, eff. 9-16-92; A 11-12-93; 3-23-94; R147-01, 1-22-2002; A by Personnel Comm'n by R096-03, 10-30-2003; R043-15; 12-21-2015

 

     NAC 284.581  Adoption by reference of federal law and regulations. (NRS 284.065, 284.155, 284.345)  

     1.  For the purposes of NAC 284.523 to 284.598, inclusive, the Division of Human Resource Management hereby adopts by reference:

     (a) The Family and Medical Leave Act of 1993 (Public Law 103-3), as amended.

     (b) The Fair Labor Standards Act of 1938, as amended, and 29 C.F.R. Part 541.

     2.  A copy of the Family and Medical Leave Act, the Fair Labor Standards Act or 29 C.F.R. Part 541 may be obtained at no charge from the United States Government, Wage and Hour Division, P.O. Box 3136, Reno, Nevada 89505-3136, telephone (775) 784-5200, or from the United States Government, Wage and Hour Division, 1050 Flamingo Road, Suite 321, Las Vegas, Nevada 89119, telephone (702) 699-5581.

     (Added to NAC by Dep't of Personnel, eff. 3-23-94; A 11-16-95; R082-00, 8-2-2000)

 

     NAC 284.5811  Family and medical leave:  Maximum amount in 12-month period; eligibility; use. (NRS 284.065, 284.155, 284.345, 284.350, 284.355, 284.3626)  

     1.  Except as otherwise provided in subsection 2, an employee who is entitled to take leave pursuant to the Family and Medical Leave Act is limited to a total of 12 weeks of such leave during a rolling 12-month period. The rolling 12-month period is measured backward from the date an employee uses any leave pursuant to the Family and Medical Leave Act.

     2.  An employee who is entitled to take leave pursuant to the Family and Medical Leave Act to care for a covered service member is limited to a total of 26 weeks of such leave during a single 12-month period.

     3.  To calculate eligibility for leave pursuant to the Family and Medical Leave Act, each hour that an employee is in paid status in the 12-month period immediately preceding the leave must be considered as time worked.

     4.  Except as otherwise provided in subsections 5 and 6, an employee who meets the requirements for eligibility for and who is taking leave pursuant to the Family and Medical Leave Act must exhaust all the accrued sick leave, accrued annual leave, accrued compensatory time and catastrophic leave that the employee is eligible to use based on the nature of the absence before using leave without pay. Any accrued sick leave, accrued annual leave, accrued compensatory time, catastrophic leave and holiday pay to which the employee is entitled pursuant to NAC 284.255 runs concurrently with the leave granted pursuant to the Family and Medical Leave Act if the employee is otherwise eligible for that sick leave, annual leave, compensatory time, catastrophic leave or holiday pay.

     5.  If an employee is absent from work as the result of a work-related injury or illness and meets the requirements for eligibility for leave due to a serious health condition pursuant to the Family and Medical Leave Act:

     (a) Any amount of time that the employee is absent from work during that period will be designated as leave pursuant to the Family and Medical Leave Act; and

     (b) The employee may elect to use paid leave or leave without pay for the portion of time that he or she is not being compensated for the work-related injury or illness.

     6.  If an employee is absent from work as the result of a non work-related injury or illness, the employee is receiving compensation for the injury or illness from a disability benefit plan and the employee meets the requirements for eligibility for leave due to a serious health condition pursuant to the Family and Medical Leave Act:

     (a) Any amount of time that the employee is absent from work during that period will be designated as leave pursuant to the Family and Medical Leave Act; and

     (b) The employee may use paid leave for the time that the employee is being compensated for the non-work related injury or illness if the employee has entered into an agreement with the appointing authority to use the paid leave.  If the employee and the appointing authority have not entered into such an agreement, the employee may not elect to use and the appointing authority may not require the employee to use paid leave for that time.

     7.  An appointing authority may require an employee to provide medical or other appropriate documentation to support his or her need for leave pursuant to the Family and Medical Leave Act.

     (Added to NAC by Dep't of Personnel, eff. 3-23-94; A 11-16-95; R082-00, 8-2-2000; A by Personnel Comm'n by R096-03, 10-30-2003; R145-05, 12-29-2005; R060-09, 11-25-2009; R021-13, 10-23-2013)  

 

     NAC 284.5813  Family and medical leave:  Records. (NRS 284.065, 284.155, 284.345)   Each appointing authority shall maintain accurate records of family and medical leave used by its employees, including any form approved for requesting family and medical leave.

     (Added to NAC by Dep't of Personnel, eff. 3-23-94; A 11-16-95; 3-1-96; R082-00, 8-2-2000)

 

NRS 6.190  Terminating or threatening to terminate employment because of jury duty prohibited; civil action for unlawful termination; requiring employee to use sick leave or vacation time or to work certain hours prohibited; notice to employer; dissuasion from service as juror.

NRS 50.070  Termination or threat of termination of employment because of service as witness prohibited; penalty; remedies.

 

     NAC 284.582  Civil leave with pay to serve on jury or as witness. (NRS 284.065, 284.155, 284.175, 284.345)  

     1.  Except as otherwise provided in subsection 2, civil leave with pay must be granted to any employee who is required, during his or her normal hours of work, to serve:

     (a) On a jury; or

     (b) As a witness in a court or at an administrative hearing if he or she is not a party to the action and the action is not related to his or her job.

Ê The period of the leave must not be deducted from the balance of the employee's sick leave or annual leave. An employee who is granted the leave must receive his or her regular pay while on the leave and may retain any fee paid to him or her for serving as a juror or witness.

     2.  If an employee, in his or her official capacity as a state employee and as part of his or her required duties, serves as a witness during his or her regular working hours, the employee shall accept any witness fee offered and relinquish it to the agency by which he or she is employed.

     3.  If an employee is paid travel expenses and subsistence allowances by the court or public agency for which he or she performs service as a witness, the employee may retain that payment only if the State has not provided payment for the same purpose. If the State has provided such a payment, the employee shall relinquish it to the agency by which he or she is employed.

     4.  In accordance with NRS 6.190, an agency shall attempt to adjust the working hours of employees who work night shifts and are called as witnesses or for jury duty during the day. If an agency feels this is impractical, in the case of jury duty, it shall petition the court to excuse the juror.

     [Personnel Div., Rule VII § E subsec. 5, eff. 8-11-73]-(NAC A by Dep't of Personnel, 12-13-83, 10-26-84; 5-27-86; R147-01, 1-22-2002; A by Personnel Comm'n by R145-05, 12-29-2005; R203-07, 4-17-2008)

 

NRS 293.463  Employees may absent themselves from employment to vote: Procedure; penalty.

 

     NAC 284.586  Civil leave with pay to vote. (NRS 284.065, 284.155, 284.345)   Civil leave with pay must be granted to allow an employee time off to vote subject to the conditions established in NRS 293.463. If an employee determines he or she will need time off to vote, he or she must submit a request for civil leave with pay to the person authorized to grant such leave before the day of the election.

     [Personnel Div., Rule VII § E subsec. 7, eff. 8-11-73]-(NAC A by Dep't of Personnel, 10-26-84; A by Personnel Comm'n by R145-05, 12-29-2005)

 

NRS 281.147  Leave of absence for duty as American National Red Cross disaster technician.

NRS 281.149  Leave of absence for duty as emergency communications technician.

NRS 284.357  Deduction from salary for service during working hours as volunteer firefighter, voluntary medical technician, volunteer reserve member of police department or sheriff’s office or volunteer ambulance driver or attendant prohibited.

NRS 414.070  Additional powers of Governor during emergency or disaster.


     NAC 284.587  Civil leave with pay for certain public officers or employees or when absence is necessary to meet state of emergency or declaration of disaster. (NRS 284.065, 284.155, 284.345)   Civil leave with pay must be granted to an employee who meets the requirements of NRS 281.149 or   284.357, and may also be granted by the appointing authority to an employee whose absence from the job is necessary to meet a state of emergency or declaration of disaster proclaimed by the Governor or by resolution of the Legislature pursuant to NRS 414.070.

     (Added to NAC by Dep't of Personnel, eff. 10-26-84; A by R146-01, 1-18-2002; A by Personnel Comm'n by R133-12, 10-4-2013)

 

     NAC 284.5875  Military leave with pay. (NRS 281.145, 284.065, 284.345)    

     1.   Except as otherwise provided in subsection 2, the 12-month period during which a public officer or employee of an agency of the State is eligible to take the number of working days of leave set forth in subsection 1 or 2 of NRS 281.145, as amended by section 1 of Assembly Bill No. 388, chapter 340, Statutes of Nevada 2015, at page 1914, is a calendar year.  

     2.   The 12-month period during which a public officer or employee of the Office of the Military is eligible to take the number of working days of leave set forth in subsection 1 or 2 of NRS 281.145, as amended by section 1 of Assembly Bill No. 388, chapter 340, Statutes of Nevada 2015, at page 1914, is a federal fiscal year.  

       (Added to NAC by Personnel Comm'n by R138-13, eff. 6-23-14; R039-15, 10-27-15)

 

NRS 284.4065  Screening tests: General provisions.

 

     NAC 284.589  Administrative leave with pay. (NRS 284.065, 284.155, 284.345, 284.383, 284.385, 284.390)  

     1.  An appointing authority may grant administrative leave with pay to an employee:

     (a) To relieve the employee of his or her duties during the active investigation of a suspected criminal violation or the investigation of alleged wrongdoing;

     (b) For up to 30 days when the appointing authority initiates the leave to obtain the results of an examination concerning the ability of the employee to perform the essential functions of his or her position;

     (c) For up to 30 days to remove the employee from the workplace when he or she has committed or threatened to commit an act of violence;

     (d) For up to 2 hours to donate blood;

     (e) To relieve the employee of his or her duties until the appointing authority receives the results of a screening test pursuant to NRS 284.4065, as amended by section 8 of Senate Bill No. 62, chapter 225, Statutes of Nevada 2015, at page 1049;  or

     (f) To attend a general employee-benefits orientation or an educational session relating to employee benefits, including, without limitation, retirement and deferred compensation.

     2.  The appointing authority, upon approval of the Risk Management Division, may extend administrative leave with pay granted to an employee for a purpose set forth in paragraph (b) or (c) of subsection 1.

     3.  If an employee is granted administrative leave with pay pursuant to subsection 1 or 2, the employee must be available:

     (a) By telephone to the supervisor of the employee; and

     (b) To report to a work site or another location, as directed by the supervisor of  the employee,

Ê during regular business hours.

     4.  Except as otherwise provided in subsection 5, an appointing authority or the Division of Human Resource Management may grant administrative leave with pay to an employee for any of the following purposes:

     (a) His or her participation in, or attendance at, activities which are directly or indirectly related to the employee's job or employment with the State but which do not require him or her to participate or attend in an official capacity as a state employee.

     (b) His or her safety during an emergency when employees have been authorized by the Governor not to report to work or to leave work before the end of their shifts during the emergency, including, without limitation, emergencies relating to enemy attacks or other hostile actions, natural causes or other catastrophes, except for employees who are designated as essential and notified that they are required to report to work or remain at work.

     (c) Closure of the employee's office or work site caused by a natural disaster, pandemic or other similar adverse condition when the employee is scheduled and expected to be at work. An appointing authority may designate certain employees as essential and notify them that they are required to report to work.

     (d) Closure, as a result of a pandemic, of a school or a center or facility that provides day care services which is attended by the employee's dependent child or the temporary cancellation, as a result of a pandemic, of a program attended by the employee's dependent child. An appointing authority may designate certain employees as essential and notify them that they are required to report to work.

     (e) His or her appearance as an aggrieved employee, a complaintant, or a witness at a hearing of the Committee.

     (f) His or her appearance as a witness at a hearing regarding a matter described in subparagraph (1), (2) or (3) of paragraph (e) of subsection 6.  

     (g) His or her appearance to provide testimony at a meeting of the Commission.

     5.  An appointing authority or the Division of Human Resource Management shall grant administrative leave with pay to an employee for a purpose set forth in paragraph (e), (f) or (g) of subsection 4 if:

     (a) The employee requests the administrative leave for a period of time that is reasonably needed to testify at the hearing or meeting;

     (b) The employee requests the administrative leave at least 2 weeks before the leave is  needed, unless such notice is impractical; and

     (c) The absence of the employee will not cause an undue hardship to the operations of the appointing authority or adversely impact the provision of services to clients or to the public.

     6.  An appointing authority shall grant administrative leave with pay to an employee for any of the following purposes:

     (a) The initial appointment and one follow-up appointment if the employee receives counseling through an employee assistance program, including, without limitation, consultations provided in-person or telephonically.

     (b) His or her attendance at a health fair or related event coordinated by the Public Employees' Benefits Program.

     (c) His or her participation in an official capacity as a member of a committee or board created by statute on which he or she serves as a representative of state employees. Such leave must be in lieu of other fees provided for attendance at meetings and participation in official functions of the committee or board.

     (d) Up to 8 hours for preparation for any hearing described in paragraph (e).  

     (e)  The appearance of the employee as a party at a hearing regarding:  

            (1)   An alleged reprisal or retaliatory action against the employee for disclosing an improper governmental action as provided in NRS 281.641;  

            (2)   An involuntary transfer of the employee as provided in NRS 284.376; or  

            (3)A  suspension, demotion or dismissal of the employee as provided in NRS 284.390 and NAC 284.6561.

     (Added to NAC by Dep't of Personnel, eff. 10-26-84; A 8-28-85; 4-20-90; A by Personnel Comm'n, 8-1-91; A by Dep't of Personnel, 9-13-91; 12-26-91; 11-12-93; 3-23-94; 11-16-95; 10-27-97; R042-99, 9-27-99; R058-01, 9-6-2001; A by Personnel Comm'n by R038-03, 10-30-2003; R183-03, 1-27-2004; R145-05, 12-29-2005; R141-07, 1-30-2008; R061-09 & R081-09, 10-27-2009; R063-09, 11-25-2009; R058-10, 10-15-2010; R137-13, 6-23-14; R042-15, 12-21-2015)

 

NRS 284.345  Regulations for attendance and leave of absence; personnel of Nevada System of Higher Education.

NRS 281.1275  Reduction in salary of certain public officers and employees for part-day absence from work prohibited; accounting for part-day absence; exception.

 

     NAC 284.5895  Accounting for absences of exempt classified and unclassified employees. (NRS 284.065, 284.155, 284.345)  

     1.  An absence of an exempt classified employee or exempt unclassified employee for a full workday shall be deemed to be an absence for a period equal to his or her regularly scheduled hours of employment on that workday.

     2.  Except when an absence for part of a workday is authorized for family and medical leave, an exempt classified employee or exempt unclassified employee must only account for an absence of one or more full workdays by the use of leave appropriate to the absence and is not required to account for any absence for part of a workday.

     3.  An exempt classified employee or exempt unclassified employee must not account for an absence for a full workday by the use of a combination of accrued sick leave and accrued annual leave unless he or she:

     (a) Is on family and medical leave; or

     (b) Has been approved for catastrophic leave and the catastrophic leave is used as a supplement for the remaining sick and annual leave.

     4.  If an exempt classified employee or exempt unclassified employee does not have accrued leave appropriate to the absence in an amount sufficient to account for an authorized absence, the employee must be placed on leave of absence without pay for that workday unless he or she is approved to use catastrophic leave.

     (Added to NAC by Dep't of Personnel, eff. 3-23-94; A 11-16-95; R147-01, 1-22-2002; A by Personnel Comm'n by R145-05, 12-29-2005)

 

     NAC 284.594  Unauthorized and unreported absences. (NRS 284.065, 284.155, 284.175, 284.345)  

     1.  An unauthorized and unreported absence must be considered an absence without leave and a deduction of pay must be made for the absence.

     2.  An unauthorized or unreported absence may be considered an absence without leave, and a deduction of pay may be made for the absence.

     3.  An employee who has an unauthorized or unreported absence may be subject to disciplinary action pursuant to NAC 284.646 or 284.650.

     4.  A deduction from the pay of an exempt classified employee or exempt unclassified employee must be made in increments of a full workday.

     [Personnel Div., Rule VII § G, eff. 8-11-73]-(NAC A by Dep't of Personnel, 10-26-84; 1-26-87; 11-16-95; R147-01, 1-22-2002; A by Personnel Comm'n by R145-05, 12-29-2005; R062-09, 10-27-2009)

 

     NAC 284.598  Breaks in continuous service. (NRS 284.065, 284.155)   The following are not breaks in continuous service:

     1.  Military leave for active service if the person returns from leave within 90 calendar days after an honorable discharge from military service.

     2.  A layoff if the employee is reemployed within 1 year after the date he or she was laid off.

     3.  A seasonal layoff if the employee is reemployed within 1 year after the end of the previous seasonal appointment.

     4.  A separation as a result of a permanent disability arising from a work-related injury or occupational disease, if the employee is reemployed within 1 year after the date on which he or she sustained the permanent disability as determined pursuant to NAC 284.6013.

     [Personnel Div., Rule VII § H, eff. 8-11-73; A 7-3-76]-(NAC A by Dep't of Personnel, 8-26-83; 4-19-88; 3-1-96; A by Personnel Comm'n by R022-05, 10-31-2005; R142-05 & R145-05, 12-29-2005)