FAQS-Consultation & Accountability

The following Frequently Asked Questions are available. By clicking on the link you will find the answer.

American's with Disabilities Act (ADA)

1. What can a supervisor say when co-workers ask about an employee’s reasonable accommodation?

The following is language suggested by the Equal Employment Opportunity Commission (EEOC): The State's policy is to assist individuals who encounter difficulties in the workplace. Many workplace issues encountered by individuals are personal and, in those circumstances, it is the State's policy to respect an individual's privacy. Your privacy would also be respected if you found it necessary to ask for some kind of workplace change for personal reasons.

Appeal Hearing

2. Who can appeal a disciplinary action such as demotion, suspension or dismissal?

An employee who is eligible to file an appeal must be a permanent, classified State employee.

3. How do I file an appeal?

You can file an appeal by completing either the form NPD-53, Appeal of "Whistleblower" Retaliation or the form NPD-54, Request for Hearing Regarding Dismissal, Suspension, Demotion or Involuntary Transfer. These forms can be found on the DHRM website under Resources and State Personnel Forms, or you can obtain the forms from an agency’s personnel representative. Your appeal must be filed within ten working days from the effective date of the disciplinary action or involuntary transfer, or within ten working days of the alleged reprisal or retaliatory action.

4. Once my appeal is filed, what do I do?

If your appeal is accepted, a strike letter will be sent out via email, allowing you to strike Hearing Officers from the list provided. Once both parties have responded to the strike letter or the time expires a Hearing Officer will be selected pursuant to the Nevada Personnel Commission Hearing Officer Rules of Procedure. The Clerk to the Hearing Officer's will then send out Hearing Packets. You can also view the Nevada Personnel Commission Hearing Officer Rules of Procedure for a more in depth explanation of procedure by clicking on the following link: Hearing Officer Rules

5. How long does it take to schedule my hearing?

The Hearing Officer shall grant the employee a hearing within 20 working days after the receipt of the employee's written request unless the time limitation is waived, in writing, by the employee or there is a conflict with the hearing calendar of the Hearing Officer, in which case the hearing must be scheduled for the earliest possible date after the expiration of the 20 days.

6. Who can represent me?

The employee can choose to represent themselves, or the employee can choose to have an attorney or representative represent them during the proceedings. The representative can be any individual of the employee's choosing, as long as the individual in not directly involved in the case. For example, the representative cannot be someone that would be called to testify as a witness.

7. Do I have to use annual leave to attend my hearing?

Pursuant to NAC 284.589, an employee may be granted administrative leave with pay for the employee’s appearance as an appellant at a hearing conducted pursuant to NRS 284.390 by a hearing officer of the Personnel Commission. Said leave must be requested at least two weeks in advance, unless such notice is impractical. The amount of time requested must be reasonable, and the employee’s absence cannot cause an undue hardship to the operations of the agency.

8. Do I have to use annual leave to prepare my case?

Pursuant to NAC 284.589, an employee can receive up to 8 hours of paid administrative leave to prepare for a disciplinary hearing or involuntary transfer hearing. His or her supervisor must approve this time off in advance.

9. Can I have witnesses and/or subpoena people? What is the process for that?

The employee can have witnesses and may also subpoena them. The employee shall submit a request to the Hearing Officer with a list of witnesses that the employee would like to subpoena. The list shall contain information stating how the individual witness’ testimony is material and necessary to the proceedings. If approved, the Hearing Officer will issue the subpoenas to the employee. It is the employee’s responsibility to have the subpoenas served on the witnesses a minimum of five days prior to the hearing date.

10. When will I get a decision from the Hearing Officer?

The Hearing Officer shall, pursuant to NAC 284.818, notify all parties in writing within 30 days from the date of the hearing of the Hearing Officer's findings and recommendations.

11. May I present other issues to Appeals Hearing after I’ve submitted my appeal?

Only those concerns listed on the original appeal may be discussed at the hearing. Any additional issues following the submission of the original claim may be filed by the employee as a separate appeal.

Employee Relations

12. What can I do if I have a conflict with a co-worker?

Every effort should be made to resolve the conflict directly with the coworker. Aside from conferring with your supervisor, you may also contact your Human Resources Office. Another option would be a Mediation coordinated through the State EEO Office. A neutral mediator is selected to encourage discussion between the 2 parties ultimately resulting in an agreement or resolution. The mediation is voluntary and free of charge. For more information regarding the Mediation Program, please contact Tammy Smith at 775/684-0104.

13. What if I have a conflict with my supervisor?

The same options above would be applicable. If your concerns are inconsistent or unfair application of policy and procedures, discipline, a performance evaluation, or possible harassment or discrimination, your Human Resources Office and/or the State Division of Human Resource Management (DHRM) can assist you with the grievance or appeal process.

Exit Survey

14. How do I go about filling out an Exit Survey?

You may log into the HRM Website and click on Employee Exit Interview Survey Memo. Click on the link in the memo which will automatically direct you to the survey tool where you can immediately start taking the survey.

15. What if I don’t want to take the Exit Survey through the survey tool?

You do have the option of filling out the "paper version" of the Exit Survey by logging onto the DHRM website and clicking on "Exit Survey". You may mail or deliver the survey to:
State of Nevada, Human Resource Management
Consultation & Accountability

100 N. Stewart Suite 200
Carson City, NV 89701

16. Will my Manager or Agency be able to view my responses on the Exit Survey?

The results are confidential, and will be combined with other results from the same agency.　 DHRM will analyze results of the Exit Surveys but the names will never be revealed.　 Confidential analysis will be reported to the Personnel Liaisons of the state agencies on a quarterly basis.

Family and Medical Leave Act (FMLA)

17. Can an employee choose not to take FMLA leave, either because he or she has not specifically asked for FMLA leave or because he or she does not want to use FMLA leave?

If an employee provides his or her agency with enough information to indicate that the leave may be FMLA qualifying, the agency is obligated under federal law to offer FMLA leave in writing. Additionally, employees do not have the right to choose when they take FMLA leave.

Grievance Process

18. Can any State employee file a grievance?

The grievance process is available to permanent, classified State employees.

19. How do I file a grievance?

The grievance can be filed and submitted on the NEATS system. If you do not have access to NEATS, you may use the NPD-50 (Formal Grievance) located on the HRM website: http://hr.nv.gov/Resources/Forms/Grievance/Grievance_Procedure/

20. May I present other issues to the Employee-Management Committee (EMC) meeting after I’ve submitted my grievance?

Only those concerns listed on the original grievance may be discussed at the meeting. Any additional issues following the submission of the original claim may be filed by the employee as a separate grievance.

21. What is a Resolution Conference?

After a grievance has been submitted to Step 4 of the grievance process, either the grievant or the agency may choose to request a Resolution Conference, thereby mandating the other party’s participation. The Resolution Conference is an informal meeting between the parties with the assistance of a neutral facilitator, provided by HRM, who is not affiliated with either party. The resolution conference option provides an additional opportunity for a grievance issue to be discussed and for possible solutions to be considered. A Resolution Conference can be requested up to 15 working days prior to a scheduled Employee-Management Committee (EMC) meeting.

22. May I bring witnesses, an association representative and/or my attorney to the Resolution Conference?

Although the parties may bring a person of their choosing, the Resolution Conference is intended to be a discussion between the two parties. Breaks will be provided if a party needs to confer with his or her invitee.

23. Where can I find more information about the grievance process?

Please visit our Grievance FAQ's here: http://hr.nv.gov/Resources/FAQ/Grievance_FAQs/

Leave and Attendance Issues

24. Does my agency have the right to refuse me leave for military service, whether voluntary or involuntary?

In general, an agency does not have the option of denying a leave of absence or reemployment due to voluntary or involuntary military service. For more information regarding any exceptions, see the Overview of the Uniformed Services Employment & Reemployment Rights Act.

25. Can my agency require me to bring in a doctor’s note when I call in sick?

NAC 284.566 authorizes your agency to require documentation from a health care provider prior to authorizing sick leave for absences in excess of 3 consecutive working days or in cases of suspected abuse.

26. Am I entitled to use my accrued sick leave for reasons other than my immediate family or myself being sick?

Your agency is required to determine if a leave is due to an authorized use before approving sick leave. See NAC 284.554 for authorized reasons for use of sick leave.

27. If my agency has concerns that I cannot perform my essential functions and requires me to go to my doctor to get a release prior to returning to work, should they put me on administrative or sick leave?

Pursuant to NAC 284.568, an agency will generally place an employee on sick leave when requiring a release prior to returning to work due to a concern regarding a suspected illness or injury. Administrative leave, pursuant to NAC 284.589, is generally granted when an employee is required to submit to a fitness for duty examination at the direction of the Office of Risk Management.

28. Does an employee have to have completed his or her probationary period to be eligible to use catastrophic leave?

No, all employees may receive catastrophic leave, if determined to be eligible.

Military Leave - RESERVE/NATIONAL GUARD EMPLOYEES

29. May an employee in the Reserves/National Guard use annual leave or compensatory time during deployment, if he or she has not exhausted his or her Military Leave according to subsection 1 of NRS 281.145 (payroll code UMIL)?

No. While an employee is eligible to use Military Leave according to subsection 1 of NRS 281.145 (payroll code UMIL), requiring the employee to use Military Leave according to subsection 1 of NRS 281.145 (payroll code UMIL) prior to using annual leave or compensatory time complies with with the Uniformed Services Employment and Reemployment Rights Act (USERRA) as the employee is being allowed to "continue his or her civilian pay..." (20 CFR § 1002.153)

30. May an employee in the Reserves/National Guard use annual leave or compensatory time during a deployment, if he or she has exhausted his or her Military Leave according to subsection 1 of NRS 281.145 (payroll code UMIL)?

Yes. Pursuant to the Uniformed Services Employment and Reemployment Rights Act (USERRA), "the employee must be permitted upon request to use any accrued vacation, annual, or similar leave with pay during the period of service, in order to continue his or her civilian pay..." (20 CFR § 1002.153)

Military Leave - RESERVE/NATIONAL GUARD EMPLOYEES REGULARLY SCHEDULED TO WORK SATURDAY AND/OR SUNDAY

31. May an employee, on a Saturday and/or Sunday the employee is scheduled to have weekend drill duty, use annual leave or compensatory time, if he or she has not exhausted his or her 24 days of Weekend Military Training (payroll code UMILT)?

No. According to subsection 2 of NRS 281.145, “An officer or employee is not entitled to:

Receive any other compensation for which he or she would otherwise be eligible, including, without limitation, compensation pursuant to NRS 284.358; or

Use any annual leave, compensatory time or other paid leave or any unpaid leave that is required as a result of statewide economic conditions, for any hours for which the officer or employee receives compensation pursuant to this subsection…”

Since the employee is allowed to receive his or her full leave accruals and retirement as if the employee had worked for the State on the day he or she performs drill duty and the employee receives the difference between his or her State pay and his or her military pay if the State pay is higher, the result is that the employee receives the benefits of his or her civilian compensation while performing drill duty; therefore, the intent of keeping the employee whole has been met. The employee must exhaust his or her 24 days Weekend Military Training (payroll code UMILT) prior to being allowed to use other forms of paid leave.

32. May an employee, on a Saturday and/or Sunday the employee is scheduled to have weekend drill duty, use annual leave or compensatory time, if he or she has exhausted his or her 24 days Weekend Military Training (payroll code UMILT)?

Yes. While an officer or employee receiving annual leave or compensatory time as well as his or her military pay allows for double-dipping, not allowing an officer or employee to use annual leave or compensatory time while not receiving Military Leave according to subsection 1 of NRS 281.145 (payroll code UMIL) or 24 days Weekend Military Training (payroll code UMILT) creates an inequity as the employee will not be receiving his or her leave accruals.

33. May an employee trade/change his or her regular work schedule to a work schedule that does not include a Saturday and/or Sunday the week of his or her weekend drill duty?

Yes, as allowed by NAC 284.228. NRS 281.145 does not prohibit changing/trading shifts and an employee who is not scheduled to work on a drill weekend is not eligible for Military Pay Adjustment for Weekend Training (payroll code UMILT).

Miscellaneous

34. Does the State, as an employer, recognize an employee's same-sex marriage?

A recent Ninth Circuit U.S. Court of Appeals decision requires the recognition of same-sex marriages (otherwise valid) entered into under the laws of other jurisdictions and allows for such marriages to be entered into in the State of Nevada. Application of this legal decision is determined by each State agency responsible for provisions affected by this decision and the applicable agency should be contacted regarding the implementation of this decision. For example, Public Employees' Benefits Program is responsible for the State employee and retiree insurance programs and has posted a FAQ on their implementation of this decision. The following points outline how recognition of same-sex marriage impacts specific human resource issues:

"Spouse" in chapter 284 of Nevada Revised Statute (NRS) and Nevada Administrative Code (NAC) includes a same-sex marital partner.
1. Family sick leave - An employee may use accrued sick leave due to a spouse (e.g., same-sex marital partner) for an authorized reason under the provisions of NAC 284.554 - 284.566.
2. Catastrophic leave - An employee may apply for catastrophic leave due to a spouse (e.g., same-sex marital partner) for an authorized reason under the provisions of NRS 284.362 - 284.3629 and NAC 284.575 - 577.
Family and Medical Leave Act (FMLA) protected leave - The U.S. Department of Labor FMLA regulations state that "Spouse, as defined in the statute, means a husband or wife. For purposes of this definition, husband or wife refers to the other person with whom an individual entered into marriage as defined or recognized under state law for purposes of marriage in the State in which the marriage was entered into or, in the case of a marriage entered into outside of any State, if the marriage is valid in the place where entered into and could have been entered into in at least one State. This definition includes an individual in a same-sex or common law marriage that either: (1) Was entered into in a State that recognizes such marriages; or (2) If entered into outside of any State, is valid in the place where entered into and could have been entered into in at least one State..." (29 C.F.R. § 825.102) An eligible employee may use FMLA leave to care for a spouse (e.g., same-sex marital partner) due to a qualifying leave event for up to 12 weeks, see the FMLA Overview for more information.
Record of marital status - An employee may change his or her marital status in NEATS by selecting "View/Change Personal Information" under the heading Personal Tasks in the User Information box on the NEATS home page or by contacting his or her personnel representative for assistance.
Employee's Withholding Allowance Certification (IRS Form W-4) - If an employee's chooses to update his or her on-file W-4 form, a revised W-4 form should be submitted to the employee's personnel representative. The current version of the IRS' W-4 form is available under Employee Forms. For U.S. Internal Revenue Service information on the impact of same-sex marriage, see the IRS's FAQ.
Discrimination/retaliation claim - Contact the State's EEO & Discrimination Investigation unit at (800) 767-7381.

35. Does the State, as an employer, recognize an employee's registered domestic partnership?

Chapter 122A of Nevada Revised Statute establishes and outlines the rights of registered domestic partnerships in Nevada. Application of chapter 122A of Nevada Revised Statute is determined by each State agency responsible for provisions affected by this decision and the applicable agency should be contacted regarding the implementation of this decision. The following points outline how recognition of registered domestic partnership impacts specific human resource issues:

"Spouse" in chapter 284 of Nevada Revised Statute (NRS) and Nevada Administrative Code (NAC) includes a registered domestic partner.
- Family sick leave - An employee may use accrued sick leave due to a spouse (e.g., registered domestic partner) for an authorized reason under the provisions of NAC 284.554 - 284.566.
- Catastrophic leave - An employee may apply for catastrophic leave due to a spouse (e.g., registered domestic partner) for an authorized reason under the provisions of NRS 284.362 - 284.3629 and NAC 284.575 - 577.
Family and Medical Leave Act (FMLA) protected leave - See page 9, Registered Domestic Partner, in the FMLA Overview.
Discrimination/retaliation claim - Contact the State's EEO & Discrimination Investigation unit at (800) 767-7381.

Nursing Mother Request/Complaint/Retaliation

36. What is a nursing mother request?

If requested, reasonable break times and a place must be provided to an employee who is a nursing mother with a child under the age of 1 year to express breast milk.

37. How is a request made for a nursing mother?

Each agency has a procedure for such requests; your human resources office can provide that information.

38. What qualifies as a complaint?

An employee is unsatisfied with an agency response to a request for reasonable break times and/or a place to express breast milk or by any employee who alleges retaliation by the agency regarding such matter.

39. When can I file a complaint?

A complaint must be filed within 10 work days of the receipt of the agency’s response and/or the alleged retaliation incident or following 8 work days of no agency response.

40. How is a complaint filed?

A complaint may only be submitted on the Complaint –Nursing Mother Request or Retaliation paper form (HR-88) to the Employee-Management Committee.

41. What happens once the complaint is filed?

Within 28 work days, the complaint will be scheduled for a hearing or determined not to be under the Employee-Management Committee’s jurisdiction or denied a hearing due to a previous committee decision. If a hearing is conducted, a decision will be rendered within 10 days after the close of the hearing.

Performance Management

42. How long is my probationary period?

Pursuant to NAC 284.442, all classes at grade 20 or higher will be assigned a 1-year (full-time equivalent) probationary period. All classes lower than grade 20 will be assigned a 6-month (full-time equivalent) probationary period. There are several situations where more explanation will be required, so please contact Denise Woo-Seymour at 775/684-0149 for more information regarding the application of probationary periods.

Whistleblower Retaliation

43. How do I file a whistleblower retaliation appeal?

You can file an appeal by completing the online form NPD-53, Appeal of "Whistleblower" Retaliation or the paper form. This form can be found on the DHRM website under Resources and Forms/Publications, or you can obtain the form from an agency’s personnel representative. Your appeal must be filed within ten working days of the alleged reprisal or retaliatory action.