NEVADA ADMINISTRATIVE CODE CHAPTER 284 - STATE PERSONNEL SYSTEM

COMPENSATION

 

 
284.158 Range of pay based on full-time employment; semimonthly or biweekly payment; payment of part-time, intermittent, per diem and positive reporting employees.
284.170 Rate of pay: Initial appointment.
284.171 Rate of pay: Reinstatement.
284.172 Rate of pay: Effect of promotion.
284.173 Rate of pay: Effect of demotion.
284.175 Rate of pay: Effect of transfer.
284.1755 Rate of pay: Effect of reassignment.
284.176 Rate of pay: Effect of reappointment.
284.177 Rate of pay: Effect of reemployment.
284.179 Rate of pay: Minimum step for continuous employees hired before 1975.
284.180 Rate of pay: Nonclassified or unclassified employees or other certain employees appointed to classified service.
284.182 Adjustment and retention of pay progression date; restoration of date of appointment and pay progression date.
284.186 Date of promotion coinciding with pay progression date.
284.194 Merit pay increase: Granting or withholding; delay because of administrative or clerical error.
284.196 Merit pay increase: Credit for service under certain circumstances.
284.204 Adjustment of steps within same grade.
284.206 Special adjustments to pay.
284.208 Compensation for dangerous duty.
284.210 Differential rate of pay for qualifying shift.
284.214 Compensation for being called back to work; compensation for person required to appear as witness.
284.218 Compensation for standby status.
284.220 Change of time to or from daylight saving time.
284.228 Shift trading: Agreement; responsibilities.
284.242 Overtime: Authorization.
284.245 Overtime: Consideration of paid-leave status in calculation.
284.248 Overtime: Employee who works in two positions; exceptions.
284.250 Overtime: Compensation.
284.2508 Compensatory time: Use.
284.252 Compensatory time: Request for payment for certain portions.
284.253 Compensatory time: Rate of pay.
284.2535 Compensatory time: Firefighters.
284.254 Compensatory time: Payment upon transfer.
284.255 Holidays: Holiday pay.
284.256 Holidays: Compensation for working.
284.257 Holidays: Designation of time for holiday pay; adjustment of work schedule if holiday occurs on employee's day off.
284.258 Compensation for time spent traveling.
284.290 Retained rates of pay.
284.292 Notification of uncollected overpayment.
284.294 Reimbursement for furnishing own tools.

 

NRS 284.175  Plan for payment of classified employees: Preparation; approval; contents; regulations; recommendations to Legislature.

NRS 281.123  Limitation on maximum salary payable to persons employed by State.

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 284.158  Range of pay based on full-time employment; semimonthly or biweekly payment; payment of part-time, intermittent, per diem and positive reporting employees. (NRS 284.065, 284.155, 284.175)  

     1.  A range of pay for a class must be based on full-time employment for the pay class designation.

     2.  Employees are paid on a semimonthly or biweekly basis depending on the schedule on which the employing agency pays employees in the class.

     3.  Payment for part-time employment is based on the direct proportion of hours that a part-time employee works to the hours of full-time employment for the employee's pay class designation.

      4.  Payment of intermittent, per diem and positive reporting employees is based on the number of hours reported by each such employee.

     [Personnel Div., Rule III § C, eff. 8-11-73]-(NAC A by Dep't of Personnel, 10-26-84; 7-6-92; R147-01, 1-22-2002)

 

     NAC 284.170  Rate of pay:  Initial appointment. (NRS 284.065, 284.155, 284.175)   Except as otherwise provided in NAC 284.204 and 284.206, upon employment that is an initial appointment, the employee's base rate of pay must be set at step 1 of the grade of the position's class.  

     [Personnel Div., Rule III § F, eff. 8-11-73; A 10-6-78]-(NAC A by Dep't of Personnel, 10-26-84; 8-28-85; 5-27-86; 7-22-87; 9-17-87; 12-17-87; 7-21-89; 8-14-90; 8-1-91; 7-6-92; 3-23-94; 7-1-94; 3-1-96; R098-99, 9-27-99; R197-99, 1-26-2000; R147-01, 1-22-2002; A by Personnel Comm'n by R038-03, 10-30-2003; R133-12, 10-4-2013)  

 

     NAC 284.171  Rate of pay:  Reinstatement. (NRS 284.065, 284.155, 284.175)   Except as otherwise provided in NAC 284.204 and 284.206, if an employee is reinstated, the employee's base rate of pay must be set at or below the base rate of pay of the position which the employee most recently held with the State.

     (Added to NAC by Personnel Comm'n by R133-12, eff. 10-4-2013)

 

     NAC 284. 172  Rate of pay:  Effect of promotion. (NRS 284.065, 284.155, 284.175)  

    1.  Except as otherwise provided in NAC 284.204, the following provisions govern the rate of pay which must be paid if an employee is promoted:

       (a) The employee must be placed at the lowest step in the higher grade that meets one of the following requirements:

            (1) If the employee moves one or two grades above his or her former grade, he or she must be placed at the same step in the new grade as the step held in his or her former grade.

            (2) If the employee moves three or more grades above his or her former grade, the employee must be placed:

                        (I) At a step which is equivalent to an increase of two steps above the step held in his or her former grade; or

                        (II) At the lowest step of the new grade,

Ê whichever pay is higher and in accordance with the provisions of NAC 284.179.

     (b) A special adjustment to an employee’s pay for performing supervisory duties which is granted in accordance with paragraph (c) of subsection 2 of NAC 284.206 is the present level of pay for the purpose of calculating a promotional increase authorized by paragraph (a) only if the employee has received the special adjustment to his or her pay for more than 6 months of continuous full-time service.

     (c) If an employee has been demoted, he or she may not, within 1 year after the demotion, receive a promotional increase in pay that is greater than the increase which he or she would have otherwise been entitled to receive had he or she not been demoted unless the Administrator approves the promotional increase.

     (d) This subsection does not apply when an employee is reemployed or reappointed to his or her former grade within 1 year after holding that grade.

     2.  As used in this section, “present level of pay” means a rate of pay that is equal to the amount that is assigned to the step within the grade which is closest to, but does not exceed, the employee’s pay after a special adjustment to pay pursuant to the provisions of NAC 284.206.

     (Added to NAC by Personnel Comm’n by R133-12, eff. 10-4-2013; A by R064-14, 10-24-2014; R164-18, 1-30-2019)

 

     NAC 284.173    Rate of pay:  Effect of demotion. (NRS 284.065, 284.155, 284.175)   Except as otherwise provided in paragraph (b) of subsection 1 of NAC 284.618, an employee who is demoted must be paid at a step within the grade of the class to which he or she was demoted as follows:

     1.  Except as otherwise provided in subsections 2 to 5, inclusive, if the employee has attained permanent status in the class from which he or she was demoted and the demotion is instituted at the employee's request or is acceptable to the employee, the appointing authority shall pay him or her at a step in the grade of the class to which he or she was demoted which is equal to or less than his or her base rate of pay in the position from which he or she was demoted, but not greater than the highest step of the class to which he or she was demoted.

     2.  An exception to subsection 1 may be granted by the appointing authority to pay an employee at a rate that does not fall within the grade of the class to which he or she is demoted if the appointing authority determines that the demotion is in the best interest of the employee and the State of Nevada. If such an exception is granted:

     (a) The employee's base rate of pay will be limited to three grade levels above the grade of the class to which he or she is demoted or his or her base rate of pay in the position from which he or she was demoted, whichever is less.

     (b) The employee's base rate of pay in the position to which he or she was demoted will be frozen until it falls within the grade of the class to which he or she was demoted or for a maximum of 2 years after the date of demotion, making the employee ineligible for any merit pay increases, cost of living adjustments or adjustments for a class of employees that has been approved by the Legislature.

     (c) If the employee's frozen base rate of pay does not fall within the grade of the class to which he or she was demoted within the 2-year period, his or her base rate of pay will be adjusted to the highest step within the grade of the class to which he or she was demoted.

     3.  If an employee accepts a promotion and is demoted before attaining permanent status in the class, he or she must be paid at a step in the grade of the class to which he or she was demoted which is equivalent to the base rate of pay to which he or she would have been entitled had he or she not been promoted.

     4.  If the demotion is instituted by the appointing authority for disciplinary reasons and is not covered by subsection 2, the appointing authority shall determine the step in the grade of the class to which the employee was demoted at which the employee will be paid.

     5.  If an employee is demoted during his or her probationary period in state service, the appointing authority may pay the demoted employee at any step in the grade of the class to which the employee was demoted that is not greater than his or her base rate of pay before the demotion.

     (Added to NAC by Personnel Comm'n by R133-12, eff. 10-4-2013; A by R008-14, 6-23-14)

   

     NAC 284.175    Rate of pay:  Effect of transfer. (NRS 284.065, 284.155, 284.175)   Except as otherwise provided in NAC 284.204, if an employee transfers to a position in the same or a related class, he or she must maintain the step held before the transfer.

     (Added to NAC by Personnel Comm'n by R133-12, eff. 10-4-2013)

 

    NAC 284.1755  Rate of pay: Effect of reassignment.  (NRS 284.065, 284.155, 284.305)  If an employee is reassigned to a position which is in:

     1.  The same grade which he or she currently holds, the employee’s base rate of pay in the position to which he or she was reassigned will be determined in accordance with the provisions of NAC 284.175.

     2.  A lower grade than he or she currently holds, the employee’s base rate of pay in the position to which he or she was reassigned will be determined in accordance with the provisions of subsection 1 of NAC             284.173.

     (Added to NAC by Personnel Comm’n by R097-16, eff. 11-2-2016)

   

     NAC 284.176    Rate of pay:  Effect of reappointment. (NRS 284.065, 284.155, 284.175)  

     1.  If an employee is reappointed to a position which is in:

     (a) The grade which he or she currently holds, he or she retains his or her step.

     (b) A higher grade and the appointment occurs within 1 year after the date on which he or she last held that grade, the employee must be placed at the step which he or she last held in that grade.

     (c) A higher grade and the reappointment occurs more than 1 year after he or she held that grade, his or her pay must be calculated pursuant to the provisions relating to promotion in NAC 284.172.

     2.  Any exception to subsection 1 must be approved by the Division of Human Resource Management based upon a written request and justification for the exception submitted by the appointing authority.

     (Added to NAC by Personnel Comm'n by R133-12, eff. 10-4-2013)

   

     NAC 284.177    Rate of pay:  Effect of reemployment. (NRS 284.065, 284.155, 284.175)  

     1.  Except as otherwise provided in this section, if a person is reemployed, he or she must be placed at the step which most closely corresponds to the base rate of pay which he or she held at the time of his or her layoff or separation.

     2.  Except as otherwise provided in subsection 3, an exception to subsection 1 may be made if the conditions in NAC 284.204 exist, or if money is not available as certified by the Chief of the Budget Division or, in the case of an agency that is not funded from the State General Fund or the Nevada System of Higher Education, as certified by the administrator of that agency or the System.  If an exception to subsection 1 is made pursuant to this subsection because the agency does not have sufficient money available, the employee retains the right of reemployment.

     3.  If a person who is eligible for military reemployment is reemployed, the provisions of subsection 1 apply except that the period of the military service must be included in calculating the step at which he or she will be placed.

     (Added to NAC by Personnel Comm'n by R133-12, eff. 10-4-2013)

 

     NAC 284.179    Rate of pay:  Minimum step for continuous employees hired before 1975. (NRS 284.065, 284.155, 284.175)   An employee who has been continuously employed without a break in service may not have his or her step set below:

     1.  Step 4 of any grade if his or her date of hire is before April 26, 1973; or

     2.  Step 3 of any grade if his or her date of hire is before May 3, 1975, but on or after April 26, 1973, except for disciplinary reasons which result in demotion.

     (Added to NAC by Personnel Comm'n by R133-12, eff. 10-4-2013)

 

     NAC 284.180    Rate of pay:  Nonclassified or unclassified employees or other certain employees appointed to classified service. (NRS 284.065, 284.155, 284.175)  

     1.  Except as otherwise provided in subsection 2, if a nonclassified or unclassified employee or an employee included in the Personnel System pursuant to the provisions of NRS 284.022 is appointed without a break in service to the classified service, he or she may, at the discretion of the appointing authority:

     (a) Be paid at a step which corresponds to or is below his or her rate of pay as a nonclassified or unclassified employee if it is within the grade of the class to which he or she is appointed;

     (b) Be paid at the first step in the new grade to which he or she is appointed; or

     (c) Receive a special adjustment to his or her pay pursuant to subsection 1 of NAC 284.204 or NAC 284.206.

     2.  An exception to subsection 1 may be made if a nonclassified or unclassified employee who was an employee of the Legislative Branch of State Government employed at the conclusion of a regular session of the Legislature pursuant to NRS 284.3775 transfers to state service.

     3.  An employee who was previously employed in the classified service and is appointed pursuant to the provisions of subsection 1 may not be paid at a step and grade which is greater than he or she received at the time he or she left the classified service, unless he or she has held the unclassified or nonclassified position for more than 1 year.

     (Added to NAC by Personnel Comm'n by R133-12, eff. 10-4-2013)

   

     NAC 284.182  Adjustment and retention of pay progression date; restoration of date of appointment and pay progression date. (NRS 284.065, 284.155, 284.175)  

     1.  An employee receives a new pay progression date if he or she is:

     (a) Promoted to a position that results in an increase of two grades or more; or

     (b) Reinstated.

     2.  An employee who is:

     (a) Promoted to a position that results in an increase of one grade;

     (b) In a position that is reclassified to a higher class as a result of an individual classification study or an occupational study;

     (c) Transferred to a position without receiving an increase in grade;

     (d) Reappointed to a position at a grade that he or she formerly held;

     (e) Reemployed and has remained continuously employed; or

     (f) Demoted,

Ê retains the pay progression date held before the action described in paragraphs (a) to (f), inclusive, occurred.

     3.  If a person who is eligible for military reemployment is reemployed, he or she retains the pay progression date held when separated from this State for his or her service in the military.

     4.  If an employee was promoted but is being restored to his or her former position or class  pursuant to the provisions of NAC 284.462, the date of appointment and pay progression date of the former position must be restored. If, pursuant to subparagraph (1) of paragraph (c) of subsection 2 of NAC 284.462, the employee is placed in a position in a class equal to or lower than the class of the position held by the employee immediately before the promotion, the pay progression date of the former position must be restored.  

     5.  Except as otherwise provided in this subsection and subsection 6, an employee's pay progression date must be adjusted:

     (a) To equal 1 year of full-time equivalent service for an employee who changes from full-time employment to part-time employment or from part-time employment to full-time employment; or

     (b) On a day-for-day basis for the amount of time the employee:

            (1) Was separated from state service if the employee is reemployed within 1 year after the date on which he or she was laid off or received a seasonal separation.

            (2) Was separated from state service if the employee is a person with a permanent disability arising from a work-related injury or occupational disease who is reemployed within 1 year after the date on which he or she sustained the permanent disability as determined pursuant to NAC 284.6013.

            (3) Was on leave without pay, or on catastrophic leave, if the employee is:

                         (I) A nonexempt employee and the leave without pay or catastrophic leave was in excess of 240 hours; or

                         (II) An exempt classified employee and the leave without pay or catastrophic leave was in excess of 30 working days,

Ê in a year, except for leave without pay for a work-related injury or illness pursuant to NRS 281.390 or on a military leave of absence pursuant to NRS 284.359 or a leave of absence without pay during a fiscal emergency pursuant to NAC 284.580.  An employee whose base hours are more than 80 hours biweekly must be allotted additional leave without pay and catastrophic leave in proportion to the base hours for his or her pay class designation.  As used in this subparagraph, "year" means a period equal to 12 months of full-time equivalent service measured backward from the employee's pay progression date.

     6.  If the number of total hours of leave without pay or catastrophic leave of a nonexempt employee that exceed 240 hours is less than 1 day of full-time equivalent service for the pay class designation of the employee, an adjustment will not be made for those hours.

     7.  If an employee is on leave without pay, or on catastrophic leave, on his or her pay progression date, any adjustment to his pay progression date will be made after he or she returns to work.

     [Personnel Div., Rule III part § G, eff. 8-11-73]-(NAC A by Dep't of Personnel, 10-26-84; 8-28-85; 5-27-86; 8-22-86; 4-19-88; 7-21-89; 10-18-89; 3-27-92; 7-6-92; 9-16-92; 11-16-95; 3-1-96; 10-27-97; R043-99, 9-27-99; R147-01, 1-22-2002; A by Personnel Comm'n by R182-03, 1-27-2004; R022-05, 10-31-2005; R142-05, 12-29-2005; R102-15, 1-1-2016)

 

     NAC 284.186  Date of promotion coinciding with pay progression date. (NRS 284.065, 284.155, 284.175)   If the date of an eligible employee's promotion coincides with his or her pay progression date, the merit pay increase must be granted first and the promotional increase must be applied to the higher rate.

     [Personnel Div., Rule III part § G, eff. 8-11-73; A 4-14-76]-(NAC A by Dep't of Personnel, 10-26-84; R043-99, 9-27-99; R147-01, 1-22-2002)

 

     NAC 284.194  Merit pay increase:  Granting or withholding; delay because of administrative or clerical error. (NRS 284.065, 284.155, 284.175, 284.335)  

     1.  An employee whose last rating of performance was standard or better and who has not attained the top step of his or her grade must receive a merit pay increase of one step on his or her pay progression date.  Unless the employee receives a subsequent rating of performance that is substandard, an employee will receive a merit pay increase of one step for each additional year of employment equivalent to full-time service until he or she reaches the top step of the grade.

     2.  An employee whose last rating of performance was substandard is not eligible for a merit pay increase until his or her overall performance improves to standard or better.  If a subsequent report on performance is not filed with the Administrator within the 90-day period required by subsection 4 of NRS 284.340, the employee's performance will be deemed standard and he or she will be entitled to the merit pay increase effective on the date on which the subsequent report on performance was due.  The date on which a report on performance is received by the Administrator or an employee of the Division of Human Resource Management is the date on which the report is filed.

     3.  If a merit pay increase is withheld as provided in subsection 2 because a rating of performance was substandard, the employee's pay progression date must not be affected.

     4.  If a merit pay increase is delayed solely because of an administrative or clerical error, the increase must be made effective on the date on which the increase was properly due.

     [Personnel Div., Rule III part § G, eff. 8-11-73]-(NAC A by Dep't of Personnel, 10-26-84; 10-18-89; 11-16-95; R031-98, 4-17-98; R043-99, 9-27-99; R147-01, 1-22-2002)

 

     NAC 284.196  Merit pay increase:  Credit for service under certain circumstances. (NRS 284.065, 284.155, 284.175)  

     1.  Service in any provisional, temporary, special disabled or emergency status that is immediately followed by probationary or permanent status must be credited toward eligibility for a merit pay increase.

     2.  Service in a seasonal position must be credited toward eligibility for a merit pay increase. An incumbent in such a seasonal position must complete 1 year of full-time equivalent service before he or she is eligible for a merit pay increase.

     (Added to NAC by Dep't of Personnel by R147-01, eff. 1-22-2002; A by Personnel Comm'n by R182-03, 1-27-2004)

 

     NAC 284.204    Adjustment of steps within same grade. (NRS 284.065, 284.155, 284.175)

     1.  The Division of Human Resource Management may approve an adjustment of steps within the same grade to:

     (a) Allow aappointing authority the flexibility to adjust the rate of pay for a position that will be filled by a person from a pool of eligible persons who are applying for the position on an open competitive basis in order to:

          (1) Meet a difficult recruiting problem in which an effort to recruit a person for a position or class has failed to produce at least five eligible persons who are available to work, or the recruitment for the position or class has been deemed historically difficult. Such an adjustment of steps may be approved bthe Division of Human Resource Management for a class for a period of 1 year.

          (2) Employ a person whose education or experience is superior to those of another eligible person and who exceeds the minimum qualifications of the class. Any experience or education which is considered by the appointing authority pursuant to this subparagraph must be given a greater weight for those areas which are directly related to the position than general education and experience.

     (b) Maintain an equitable relationship in the status of steps among the employees of the appointing authority if a disparity exists. An adjustment will not be granted pursuant to this section if the disparity in steps is:

          (1) Among employees of different departments or agencies; or

          (2) A result of:

               (I) The length of service of employees;

               (II) An adjustment in pay which was attained in a former class; or

               (III)An adjustment in pay for an employee who resides in a particular geographical area.

     (c) Maintain an appropriate differential, not to exceed two steps, between the base rate of pay of a supervisor and the base rate of pay of an employee who is in the direct line of authority of the supervisor. An adjustment may be granted pursuant to this paragraph if, before the adjustment, the base rate of pay of the employee is the same or greater than the base rate of pay of the supervisor.

     2.  Before granting an adjustment of steps pursuant to this section, the appointing authority must submit a request on a form prescribed bthe Division of Human Resource Management to the Division of Human Resource Management which:

     (a) Specifies the qualifying conditions and justification for the request; and

     (b) Certifies that the appointing authority has, where applicable:

          (1) Considered the requirements for the pay required to meet the need described in subparagraph (1) of paragraph (a) of subsection 1;

          (2) Considered the qualifications of any other eligible person who is available for work for the purposes of subparagraph (2) of paragraph (a) of subsection 1;

          (3) Ensured that the adjustment is feasible on the basis of its fiscal effects; and

          (4)Prepared and maintained an accurate record of the consideration of the factors listed in this section.

       3.  If an adjustment of steps pursuant to this section is approved by the Division of Human Resource Management, the effective date of such an adjustment is the date on which a request that complies with subsection 2 is received bthe Division of Human Resource Management or the personnel office of the department or agency at which the employee who is receiving the adjustment is employed. If a request for an adjustment of steps is delayed because an administrative or clerical error prevented the delivery of the request, the effective date must be determined by the appointing authority and must be based on the date on which the request should reasonably have been submitted. A retroactive adjustment must not exceed 6 months from the date on which the Division of Human Resource Management receives the request.

      4.  An adjustment of steps which is made pursuant to subparagraph (1) of paragraph (a) of subsection 1 may be revoked when:

     (a) The recruiting problem which caused the adjustment was due to the geographical location of the position; and

     (b)The employee moves from one position to another position in either a different area within the department or agency in which themployee is currently employed or a different department or agency than the department or agency in which the employee is currently employed, and a similar recruiting problem does not exist in the new area, department or agency.

Ê The employee must be placed at the step he or she would have received if he or she had not received the adjustment.

     (Added to NAC by Dep’t of Personnel, eff. 8-14-90; A 7-1-94; R197-99, 1-26-2000; R147-01, 1-22-2002; R015-02, 5-2-2002; A by Personnel Comm’n by R134-12, 10-4-2013; R060-16, 6-28-16)

 

     NAC 284.206  Special adjustments to pay. (NRS 284.065, 284.155, 284.175, 284.340, 284.384)  

     1.  The Division of Human Resource Management may approve a special adjustment to the pay of an employee pursuant to this section. A request for a special adjustment to pay may be initiated by an employee, the appointing authority or the Division of Human Resource Management.  A special adjustment to pay does not constitute a promotion.

     2.  An employee may receive a special adjustment to pay equivalent to 5 percent of the employee's base rate of pay during any period in which:

     (a) The employee works out of his or her class on a continuing basis and performs essentially all the duties and responsibilities of a position classified at a higher grade.  To receive the increase, the employee must be assigned duties and responsibilities of the higher grade which are clearly demonstrated in the class specification and carry out the duties and responsibilities for at least 16 consecutive workdays before the increase becomes effective. The adjustment to pay pursuant to this paragraph is effective retroactively, commencing on the date on which the employee assumed the additional duties and responsibilities. The adjustment to pay must not continue for more than 6 months in any 12-month period unless:

             (1) The employee is underfilling a position pursuant to NAC 284.437 and recruitment has failed to produce a sufficient number of applicants on the appropriate list.

             (2) The duties and responsibilities that the employee has been carrying out have been assumed from one or more positions that have not been authorized to be filled because of a hiring freeze or fiscal emergency.  A hiring freeze or fiscal emergency must be certified by the Chief of the Budget Division or, in the case of an agency that does not receive money from the State General Fund or the Nevada System of Higher Education, certified by the administrator of that agency or the System.

          (3) The appointing authority submits a written request to the Administrator accompanied by documentation justifying an extension of the 6-month period and certifies that money is available to pay for the continuation of the special adjustment to pay. The Administrator may authorize the continuation of the special adjustment to pay after receiving the request and documentation and determining that the extension of the 6-month period is a business necessity and in the best interest of the State.

     (b) The employee is required to use bilingual skills or sign language for persons who are deaf at least 10 percent of his work time.

     (c) The employee is supervising other employees of the same or a higher grade if the supervision:

             (1) Is not part of the supervision or management responsibilities for a program that is provided for in the class specification; and

          (2) Includes, without limitation, selection, work assignment, training, work review, reports on performance and discipline of employees.

     (d) The employee is required regularly to perform custodial work and clean up human bodily waste in a medical, clinical or inpatient facility.

     (e) Except as otherwise provided in this paragraph, the employee is conducting a formal training program for employees.  The training program must:

             (1) Be conducted weekly;

             (2) Consist of training on the job and in the classroom or training only in the classroom;

             (3) Include a test to determine the employees' progress in the program; and

             (4) Result in the award of a certificate of completion or advancement in a class series to the journey level.

Ê If an adjustment to pay is granted pursuant to this paragraph, the adjustment begins when the employee starts conducting the training program and ends when the training program is completed.  An adjustment will not be granted if the duty to conduct training is clearly set forth in the class specification.  Informal orientation given to new employees will not be considered for this special adjustment.

     (f) The employee, if employed as a law enforcement officer, is assigned to motorcycle duty.

     (g) The employee, if employed by the Department of Corrections, is responsible for the supervision of a group of inmates assigned to a work area of an institution and who is responsible for implementing security procedures, including, without limitation:

             (1) Securing the work area from inmates who are not authorized to enter the work area;

             (2) Accounting for all inmates who have been assigned to the work area; and

             (3) Accounting for all materials, tools and equipment in the work area.

Ê The adjustment to pay pursuant to this paragraph will be granted only if such duties are not provided for in the class specification.

     (h) The employee is authorized by the Legislature to receive such an adjustment to his or her pay.

     3.  An employee may receive a special adjustment to pay if he or she occupies a position in which the duties have been recognized through the classification process as being at a higher level, but who does not meet the minimum qualifications for the class.  The special adjustment to the employee's pay must be equivalent to 2.5 percent of the employee's base rate of pay if the employee performs duties classified one grade higher than his or her current position, or 5 percent of the employee's base rate of pay if the employee performs duties classified two or more grades higher than his or her current position. A special adjustment to an employee's pay made pursuant

to this subsection may continue in effect from the date on which the position questionnaire is received:

     (a) Until the employee meets the minimum qualifications and is promoted;

     (b) For 1 year after the effective date of the special adjustment to pay; or

     (c) Until the date the higher level duties are removed,

Ê whichever occurs first.

     4.  Except as otherwise provided in paragraph (a) of subsection 2, any special adjustment to pay made pursuant to subsection 2 must be revoked when the conditions justifying it cease to exist.

     5.  Except as otherwise provided in this section, the effective date of a special adjustment to pay is the date on which the written request is received by the Division of Human Resource Management or the personnel office of the agency at which the employee who is receiving the special adjustment to pay is employed.  If the request for the special adjustment to pay is delayed because an administrative or clerical error prevented its delivery, the effective date of the special adjustment to pay must be determined by the appointing authority and must be based on the date on which the request should reasonably have been submitted.  A retroactive adjustment to pay must not exceed 6 months from the date on which the Division of Human Resource Management receives the written request.

     [Personnel Div., Rule III § H, eff. 8-11-73; A 7-3-76]-(NAC A by Dep't of Personnel, 10-26-84; 8-28-85; 5-27-86; 1-26-87; 9-17-87; 12-17-87; 7-14-88; 1-22-90; 8-14-90; 12-26-91; 11-12-93; 3-23-94; 11-16-95; 10-27-97; A by Personnel Comm'n by R065-98, 7-24-98; A by Dep't of Personnel by R098-99, 9-27-99; R197-99, 1-26-2000; R147-01, 1-22-2002; A by Personnel Comm'n by R090-02, 8-14-2002; R038-03, 10-30-2003; R007-11, 10-26-2011)

 

REVISER'S NOTE.  

      The regulation of the Personnel Commission filed with the Secretary of State on August 14, 2002 (LCB File No. R090-02), which amended this section, contains the following provision not included in NAC:

      "Sec. 2. Notwithstanding the amendatory provisions of section 1 of this regulation [NAC 284.206], an employee who is employed by the Division of Mental Health and Developmental Services [now the Division of Public and Behavioral Health] of the Department of Human Resources [now Department of Health and Human Services] or by the Division of Child and Family Services of the Department of Human Resources to work in a psychiatric hospital, a forensic unit for mentally disordered offenders or a residential mental retardation facility will continue to receive his base rate of pay plus an amount equal to the adjustment to pay until future adjustments to pay, not including pay increases based on merit, offset the initial adjustment to pay that was in effect as of June 30, 2002, if:

      1. The employee's work duties include direct contact and interaction with clients for at least half of his scheduled work shift; and

      2. The employee received an adjustment to pay for performing certain work in an assaultive environment as determined by the Administrator of the Division of Mental Health and Developmental Services of the Department of Human Resources or the Division of Child and Family Services of the Department of Human Resources, for at least half of his working time during the 3 months immediately before June 30, 2002."

 

     NAC 284.208    Compensation for dangerous duty. (NRS 284.065, 284.155, 284.175)  

     1.  Except as otherwise provided in subsection 3, only the following groups, under the conditions described, are entitled to receive pay for dangerous duty:

     (a) Employees engaged in scuba or skin diving.

     (b) Employees who perform duties at a height of more than 16 feet above the floor in a building or 16 feet above ground level outside of a building if the work is performed on portable equipment or outside of a railed or protected area.

     (c) All employees, except pilots, for time spent in single engine aircraft or helicopters when required to do so by the employer.

     (d) Employees required to handle or use explosives

     (e) Employees performing maintenance or abatement on materials containing lead paint or asbestos, or both, in any area in which personal protective equipment must be worn in compliance with 29 C.F.R. Part 1910, Subpart I.

     2.  Except as otherwise provided in this subsection and subsection 3, an employee who performs any dangerous duty must receive additional pay equal to 10 percent of his or her normal rate of pay for each hour in which he or she performs any dangerous duty.  An exempt classified employee who performs any dangerous duty for any portion of a workday must receive the additional pay for all his or her regularly scheduled hours of employment on that workday.

     3.  An employee described in subsection 1 is not entitled to receive pay for dangerous duty if the duties that he or she performs are an inherent and regular part of the duties assigned to the class of which the employee is a member.  These duties need not appear in the class specification of the employee.  Compensation for the performance of those duties may be made only if the duties performed by the employee would not be required of the class as a whole.

     (Added to NAC by Dep't of Personnel, eff. 8-26-83; A 10-26-84; 9-17-87; 3-23-94; R082-00, 8-2-2000; R147-01, 1-22-2002; A by Personnel Comm'n by R068-03, 10-30-2003; R182-03, 1-27-2004)

 

     NAC 284.210    Differential rate of pay for qualifying shift. (NRS 284.065, 284.155, 284.175)  

     1.  As used in this section:

     (a) "Differential rate of pay" means an adjustment in pay equivalent to an additional 5 percent of an employee's normal rate of pay.

     (b) "Qualifying shift" means a period of work of 8 hours or more, of which 4 hours must fall between the hours of 6 p.m. and 7 a.m. The term includes, without limitation, a period of work of 8 hours that is reduced to 7 hours because of a change of time to daylight saving time.

     2.  An employee is eligible for the differential rate of pay if he or she works in a unit which provides services requiring multiple shifts within a 24-hour period and is:

     (a) A nonexempt employee in the classified service who works:

             (1) A qualifying shift; or

            (2) Any shift of at least 8 hours that is other than a qualifying shift plus 4 or more hours between 6 p.m. and 7 a.m. In such cases, an employee must receive the differential rate of pay for only the hours worked between 6 p.m. and 7 a.m.

     (b) An exempt classified employee assigned to a qualifying shift. In such cases, an employee must receive the differential rate of pay for all his or her regularly scheduled hours of employment on that workday.

     3.  If an employee is assigned to a qualifying shift when he or she is on paid leave or a holiday occurs, he or she must receive the differential rate of pay for that shift.

     4.  Except as otherwise provided in subsection 3, if a nonexempt employee in the classified service is assigned to a qualifying shift and the employee is not in paid status for the entire period of that shift, the employee must receive the differential rate of pay for the portion of the shift in which he or she is in paid status.

     5.  A nonexempt employee in the classified service who works overtime pursuant to NRS 284.180 in conjunction with a qualifying shift must be paid overtime at the differential rate of pay.

     [Personnel Div., Rule III § I, eff. 8-11-73; A 7-3-76]-(NAC A by Dep't of Personnel, eff. 12-17-87; 7-21-89; 3-23-94; 10-27-97; R031-98, 4-17-98; A by Personnel Comm'n by R065-98, 7-24-98; A by Dep't of Personnel by R098-99, 9-27-99; R147-01, 1-22-2002; A by Personnel Comm'n by R069-02, 8-14-2002; R022-05, 10-31-2005; R077-11, 12-30-2011; R008-12, 5-30-2012)

 

     NAC 284.214  Compensation for being called back to work; compensation for person required to appear as witness. (NRS 284.065, 284.155, 284.175)

     1.  Except as otherwise provided in subsection 2, an employee must be paid 2 hours of call back pay at the rate of time and one-half of his or her normal rate of pay if his or her employer calls the employee back to work during his or her scheduled time off without having notified him or her before the completion of his or her last normal working day.  For each additional hour that such an employee works after the 2 hours for which he or she is paid call back pay, the employee must be paid overtime at the rate of time and one-half of his or her normal rate of pay if he or she is eligible pursuant to NRS 284.180.

     2.  Subsection 1 does not apply to any:

     (a) Employee who is called into work while on standby status.

     (b) Exempt classified employee or exempt unclassified employee.         

     (c) Employee who works part-time or intermittently unless he or she has worked 8 hours in 1 calendar day.

     (d) Employee who performs duties pursuant to an understanding with the agency whereby the employee is given discretion as to performance of the duties and the duties are initiated by the action of the employee.  In such a case, the employee receives compensation at the appropriate rate only for the actual time spent in the performance of those duties.

     (e) Employee who is not required to leave the premises where he or she is residing or located at the time of notification in order to respond to a call.

     (f) Employee who is called back to work if:

            (1) The work begins 1 hour or less before or after his or her scheduled work shift;

            (2) The time for beginning the work is set at the employee’s request; or

            (3) The work begins during the same 2-hour period previously paid for call back pay.

     3.  An employee who is required to appear as a witness in court or at an administrative hearing:

     (a) During his or her regularly scheduled time off; and

     (b) Concerning a matter which relates directly to his or her job,

Ê must be paid 2 hours of call back pay at the rate of time and one-half of his or her normal rate of pay. For each additional hour after the 2 hours for which he or she is paid call back pay, the employee must be paid overtime at the rate of time and one-half of his or her normal rate of pay if he or she is eligible pursuant to NRS 284.180.  If he or she receives a witness fee as well as this compensation, the employee shall remit the witness fee to the agency by which he is employed. 

   [Personnel Div., Rule III § J, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 12-13-83; 10-26-84; 9-17-87; 11-12-93; 3-23-94; 10-27-97; R147-01, 1-22-2002)

 

NRS 480.320  Payment of cadets.

 

     NAC 284.218  Compensation for standby status. (NRS 284.065, 284.155, 284.175)  

     1.  A nonexempt employee in the classified service of the State is on standby status when he or she is:

     (a) Directed to remain available for notification to work during specified hours;

     (b) Prepared to work if the need arises;

     (c) Able to report to work within a reasonable time;

     (d) Directed by his or her supervisor to carry a paging device, provide a telephone number where he or she may be notified or provide any other acceptable means for notification; and

     (e) Allowed to use the time during which he or she is waiting for notification to work for his or her personal pursuits

      2.  When a nonexempt employee in the classified service of the State who is on standby status begins the performance of his or her regular duties after receiving notice to work, he or she ceases to be on standby status and qualifies for straight time or overtime pay, whichever is applicable, for the actual time worked.  Upon completion of the work, he or she returns to standby status for the remainder of the time he or she has been directed to be available to work.

      3.  A nonexempt employee in the classified service of the State is entitled to receive additional pay, or equivalent compensatory time off, at the rate of 5 percent of his or her normal rate of pay for every hour he or she is on standby status.

      4.  Cash payment is the preferred method of compensation pursuant to this section, but compensatory time off, not to exceed the maximum allowed pursuant to subsection 3 of NAC 284.250, must be granted in lieu of cash payment if the employee requests compensatory time and the agency approves the request.

      5.  Any class designated by statute as a 24-hour class does not automatically qualify for this additional pay.

      [Personnel Div., Rule III § K, eff. 8-11-73]-(NAC A by Dep't of Personnel, 8-26-83; 10-26-84; 7-22-87; 3-23-94; R147-01, 1-22-2002)

 

     NAC 284.220  Change of time to or from daylight saving time. (NRS 284.065, 284.155, 284.175)  

     1.  An employee, other than an exempt classified employee or exempt unclassified employee, who loses an hour of work during his or her scheduled shift because of a change of time to daylight saving time may, with the approval of the appointing authority, elect to take an hour of annual leave, compensatory time or leave without pay or must be scheduled to work an additional hour.

     2.  An employee, other than an exempt classified employee or exempt unclassified employee, who is required to work an additional hour during his or her scheduled shift because of a change of time to standard daylight time is entitled to receive overtime pay or compensatory time as approved by the agency.

     (Added to NAC by Dep't of Personnel, eff. 4-19-88; A 3-23-94; R147-01, 1-22-2002)

 

     NAC 284.228  Shift trading:  Agreement; responsibilities. (NRS 284.065, 284.155, 284.175, 284.345)

     1.  An employee may enter into a written agreement to trade shifts with another employee who is employed by the same state agency if each employee who enters into the agreement:

     (a) Does so solely at his or her option as described in 29 C.F.R. § 553.31;

     (b) Performs work in the same class; and

     (c) Obtains approval to enter into the agreement from the appointing authority of the state agency that employs him or her.

     2.  If an employee who enters into an agreement pursuant to subsection 1 is unable to work the shift that he or she agreed to work, he or she is responsible for entering into a written agreement to trade shifts with another employee who satisfies the requirements of subsection 1 to ensure that the shift is worked.  Except as otherwise provided in subsection 5, if the employee is unable to enter into an agreement with an employee who satisfies the requirements of subsection 1 to work the shift that he or she agreed to work, the state agency that employs the employee who was originally scheduled to work that shift before any agreements to trade shifts were entered into pursuant to this subsection or subsection 1 shall:

     (a) Reduce that employee's accrued annual leave or accrued compensatory time by the number of hours in the shift; or

     (b) If that employee does not have annual leave or compensatory time available, place the employee on leave without pay for the number of hours in the shift,

Ê unless that employee works the shift he or she was originally scheduled to work.

     3.  Except as otherwise provided in subsection 5, if an employee works a shift for another employee as provided in an agreement entered into pursuant to subsection 1 or 2, the state agency that employs the employees shall pay each employee as if he or she had worked his or her regularly scheduled hours of employment on that workday.

     4.  The state agency that employs an employee who works a shift for another employee as provided in an agreement entered into pursuant to subsection 1 or 2 may exclude the hours worked by the employee pursuant to the agreement from the calculation of the hours for which the employee is entitled to receive:

     (a) Credit for overtime work pursuant to NRS 284.180; and

     (b) Any other additional pay or benefits required to be paid by this chapter or chapter 284 of NRS.

     5.  If an employee who enters into an agreement pursuant to subsection 1 is unable to work the shift that he or she agreed to work because on the date that the shift occurs he or she no longer satisfies the requirements of subsection 1 and the other employee who is a party to the agreement has already worked the shift which he or she agreed to work pursuant to that agreement or another employee has worked that shift as provided in an agreement entered into pursuant to subsection 2, the state agency shall:

     (a) Reduce the pay, accrued annual leave or accrued compensatory time of the employee who no longer satisfies the requirements of subsection 1 by the number of hours in the shift that was worked for him or her; and

     (b) If the hours worked by the other employee pursuant to the original agreement or as provided in an agreement entered into pursuant to subsection 2 were excluded from the calculation described in subsection 3, include those hours in the calculation of the hours for which that employee is entitled to receive:

            (1) Credit for overtime work pursuant to NRS 284.180; and

            (2) Any other additional pay or benefits required to be paid by this chapter or chapter 284 of NRS.

     6.  The appointing authority shall maintain accurate records of each agreement entered into by its employees pursuant to subsection 1 or 2.

     (Added to NAC by Dep't of Personnel by R015-02, eff. 5-2-2002; A by Personnel Comm'n by R038-03, 10-30-2003)

 

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.  

NRS 284.148  Unclassified and classified service: Persons exempt pursuant to federal Fair Labor Standards Act; determination of exempt positions by Division.

NRS 281.100  Hours of service of employees of State and political subdivisions; exceptions; penalty.

 

     NAC 284.242  Overtime:  Authorization. (NRS 284.065, 284.155, 284.175)  

     1.  If a nonexempt employee is required to work overtime, the overtime must be authorized pursuant to subsection 10 of NRS 284.180 and communicated to the employee at least 4 hours in advance by the responsible supervisor before being worked, unless an unpredictable emergency prevents prior approval and communication.

     2.  If a nonexempt employee requests to work overtime, the overtime must be authorized in advance pursuant to subsection 10 of NRS 284.180.

     [Personnel Div., Rule III § L subsecs. 4-6, eff. 8-11-73; renumbered as subsecs. 3-5, 10-10-76]-(NAC A by Dep't of Personnel, 10-26-84; 3-23-94; R147-01, 1-22-2002)

 

     NAC 284.245  Overtime:  Consideration of paid-leave status in calculation. (NRS 284.065, 284.155, 284.175)   Paid-leave status is considered as time worked in calculating overtime.

     (Added to NAC by Dep't of Personnel, eff. 10-26-84)

 

     NAC 284.248  Overtime:  Employee who works in two positions; exceptions. (NRS 284.065, 284.155, 284.175)  

     1.  Except as otherwise provided in subsection 2, a nonexempt employee who works in two positions in one department or different departments must work or be in paid status in excess of 8 hours per day or 40 hours per week in combined work time in both positions to receive compensation for overtime.  An appointing authority shall consider an employee's employment with another department when considering his or her agency's liability for compensation for overtime.

     2.  The hours worked voluntarily by an employee on an occasional or sporadic basis in a different capacity from his or her regular employment must not be combined with the hours worked by the employee in his or her regular employment for the purposes of determining the appointing authority's liability for compensation for overtime.  As used in this subsection, "occasional or sporadic basis" means infrequently, irregularly or occurring in scattered instances.

     3.  An employee who qualifies for overtime compensation pursuant to subsection 1 must be paid:

     (a) At the highest rate of pay of the two positions; or

     (b) If the employee and the appointing authority have agreed in writing before the performance of the work requiring overtime, at the rate of pay of the position for which the work is performed.

     (Added to NAC by Dep't of Personnel, eff. 10-26-84; A 5-27-86; 3-23-94; 11-16-95; R147-01, 1-22-2002)

 

     NAC 284.250  Overtime:  Compensation. (NRS 284.065, 284.155, 284.175)  

     1.  Except as otherwise provided in subsection 2, the method of compensating an employee for overtime is cash payment which is computed at the rate of time and one-half of the employee's normal rate of pay as required pursuant to NRS 284.180.

     2.  The employee and the appointing authority may enter into an agreement which complies with the provisions of 29 C.F.R. § 553.23 for compensating a nonexempt employee for overtime with compensatory time in lieu of cash payment.

     3.  Compensatory time may not be accrued in excess of 120 hours unless an agreement entered into pursuant to subsection 2 provides for the accrual of additional hours of compensatory time, not to exceed 240 hours. Overtime liability incurred in excess of these limits must be paid in cash.  The appointing authority may pay in cash for compensatory time accrued below these limits.

     [Personnel Div., Rule III § L subsecs. 9-11, eff. 8-11-73; renumbered as subsecs. 8-10, 10-10-76]-(NAC A by Dep't of Personnel, 10-26-84; 9-30-88; 11-12-93; 3-23-94; R031-98, 4-17-98; R147-01, 1-22-2002)

 

     NAC 284.2508    Compensatory time:  Use. (NRS 284.065, 284.155, 284.175, 284.345)  

     1.  At the direction of the appointing authority, compensatory time must be used within a reasonable time after it is accrued.

     2.  Unless it would cause an undue hardship to the agency, a request for the use of compensatory time may not be unreasonably denied if the request is made at least 2 weeks in advance of the first date on which the employee wishes to use his or her compensatory time.

     3.  Unless it would cause an employee to forfeit an amount of annual leave pursuant to subsection 2 of NRS 284.350, an employee must, to the extent possible, exhaust his or her compensatory time before he uses his or her available annual leave.

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

 

     NAC 284.252  Compensatory time:  Request for payment for certain portions. (NRS 284.065, 284.155, 284.175)  

     1.  Except as otherwise provided in subsection 2, an employee who has accrued more than 60 hours of compensatory time may request, in writing, payment in cash for the amount of compensatory time that exceeds 60 hours.

     2.  Except as otherwise provided in this subsection, an employee who is subject to an agreement which provides for the accrual of up to 240 hours of compensatory time may request, in writing, payment in cash for any compensatory time accrued in excess of 120 hours. An exception to this subsection may be made for payment of all compensatory time accrued in excess of 60 hours to:

     (a) A firefighter who submits a request for payment on or before April 1, if payment is made during the month of April.

     (b) A district brand inspector who submits a request for payment on or before September 1, if payment is made during the month of September.

     (c) A 24-hour duty officer of the Division of Emergency Management of the Department of Public Safety who has accumulated more than 60 hours of compensatory time during any 12 consecutive months.

     3.  A request for payment in cash for compensatory time pursuant to this section may not be unreasonably denied.  Such a request may be denied if:

     (a) The Chief of the Budget Division certifies that there is insufficient money available in the State General Fund; or

     (b) In the case of an agency that is not supported from the State General Fund, the administrator of that agency certifies that the agency has insufficient money available.

     (Added to NAC by Dep't of Personnel, eff. 8-26-83; A 10-26-84; 9-30-88; 3-23-94; R147-01, 1-22-2002)

 

     NAC 284.253  Compensatory time:  Rate of pay. (NRS 284.065, 284.155, 284.175)  

     1.  Except as otherwise provided in subsection 2, an employee who terminates his or her employment must be paid for compensatory time at a rate that is an average of the normal rate of pay received by the employee during the last 3 years of the employee's employment, or the final normal rate of pay received by the employee, whichever is higher.

     2.  Any other employee must be paid for compensatory time at his or her normal rate of pay.

     (Added to NAC by Dep't of Personnel, eff. 5-27-86; A 11-16-95; R147-01, 1-22-2002)

 

     NAC 284.2535  Compensatory time:  Firefighters. (NRS 284.065, 284.155, 284.175, 284.180)  

     1.  A firefighter who works a 24-hour shift and who elects to receive compensatory time off for the overtime he or she works is entitled to accrue 2.1 hours of compensatory time for each hour  

of overtime worked.

     2.  If a firefighter receives a cash payment for his or her accrued compensatory time, the payment must be calculated at his or her normal rate of pay.

     3.  When a firefighter is appointed to a job classification with a work schedule of 40 hours per week, the compensatory time of the firefighter must be converted to the amount of compensatory time that would have been accrued if the firefighter worked 40 hours per week.

     4.  When an employee with a work schedule of 40 hours per week is appointed to a job as a firefighter with an average work schedule of 56 hours per week, the compensatory time of the employee must be converted to the amount of compensatory time that would have been accrued if the person worked 56 hours per week.

     (Added to NAC by Dep't of Personnel, 9-13-91, eff. 10-1-91; A 12-26-91; 3-27-92; R147-01, 1-22-2002)

 

     NAC 284.254  Compensatory time:  Payment upon transfer. (NRS 284.065, 284.155, 284.175)  

     1.  Except as otherwise provided in subsection 2, if a nonexempt employee who has accrued compensatory time transfers from a position under the jurisdiction of one appointing authority to a position under the jurisdiction of another appointing authority, the accrued compensatory time must be paid by the agency he or she is leaving, unless the receiving agency agrees in writing to assume the liability for the compensatory time and the employee concurs.

     2.  The accrued compensatory time of an employee transferring to an exempt position must be paid by the agency the employee is leaving.

     3.  As used in this section, "exempt position" means a position in the classified or unclassified service that is subject to the provisions of NRS 284.148.

     [Personnel Div., Rule III § L subsec. 12, eff. 8-11-73; renumbered as subsec. 11, 10-10-76]-(NAC A by Dep't of Personnel, 10-26-84; 10-27-97; R147-01, 1-22-2002)

 

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

 

     NAC 284.255  Holidays:  Holiday pay. (NRS 284.065, 284.155, 284.175, 284.180, 284.345)  

     1.  For the purpose of this section, "holiday pay" means payment for a holiday at a nonexempt employee's normal rate of pay plus the differential rate of pay for the shift, when applicable, or compensatory time at a straight-time rate.

     2.  Except as otherwise provided in paragraph (c) of subsection 3 and subsections 5 and 7, a full-time nonexempt employee whose base hours are 40 hours per week or 80 hours biweekly is entitled to receive 8 hours of holiday pay for any holiday that he or she is in paid status during any portion of his or her shift immediately preceding the holiday.

     3.  Except as otherwise provided in subsections 5 and 7:

     (a) A full-time nonexempt employee whose base hours exceed 40 hours per week or 80 hours biweekly and who is in paid status during any portion of his or her shift immediately preceding a holiday is entitled to receive holiday pay equal to the pay he or she receives for his or her average workday. For the purposes of this paragraph:

             (1) The average workday of a nonexempt employee is determined by dividing the total base hours of work per year by 2,088 and multiplying the quotient by 8.

             (2) A firefighter assigned to a 24-hour shift shall be deemed to work 56 hours per week and 2,912 hours per year.

     (b) A part-time nonexempt employee is entitled to receive holiday pay when he or she is in paid status during any portion of his or her shift immediately preceding the holiday if a holiday occurs on a normally scheduled workday of the employee.  Except as otherwise provided in this paragraph, if such an employee is not required to work his or her normally scheduled workday on the holiday, the amount of holiday pay must equal the amount that he or she would have been paid if there had not been a holiday, but may not exceed the equivalent of his or her pay for 8 hours of work.

     (c) A:

             (1) Full-time nonexempt employee with an innovative workweek agreement may earn additional holiday pay on an hour-for-hour basis for any hours he or she works in excess of the holiday pay provided in paragraph (a) and in subsection 2, not to exceed the number of hours in his or her established workday as set forth in his or her innovative workweek agreement.

              (2) Part-time nonexempt employee may earn holiday pay on an hour-for-hour basis for any hours he or she works on a holiday, not to exceed the number of hours in his or her established workday.

     4.  If a holiday occurs on the regularly scheduled workday of a nonexempt employee and his or her normal schedule of work is more than 8 hours, he or she must be in paid status or be placed on leave without pay for any difference between his or her holiday pay and his or her normal work schedule.  An appointing authority may adjust the work schedule of such an employee for the week during which the holiday occurs in lieu of placing the employee on paid leave or leave without pay.

     5.  A nonexempt employee who is scheduled to work on a holiday shall report any absence from duty and the reason therefore to his or her supervisor or designated representative as prescribed in writing by the agency.  An employee who does not work on that holiday and who fails to report his or her absence to his or her supervisor or a designated representative pursuant to this subsection is not eligible to receive holiday pay.

     6.  A nonexempt employee whose employment begins on a holiday is eligible to receive holiday pay pursuant to subsections 2 and 3 if he or she is in paid status during his or her scheduled shift.

     7.  A nonexempt employee whose employment is terminated:

     (a) The day immediately preceding a holiday is not entitled to receive holiday pay for that holiday.

     (b) Except as otherwise provided in paragraph (c) of subsection 3, on a holiday on which he or she is working must be paid holiday pay for the actual hours he or she works on the holiday. If a nonexempt employee gives notice that he or she is terminating his or her employment on a holiday and he or she is not scheduled to work on the holiday, the last day on which he or she works or is in paid status is his or her date of termination.

     8.  The agency that lists a nonexempt employee as an "employee of record" on a holiday is responsible for the payment of holiday pay for that holiday to that employee.  For the purposes of this subsection, an "employee of record" is a person employed by the state agency that is required to claim the person as an employee of the agency.

     9.  The salary of an exempt classified or exempt unclassified employee is not affected by a holiday.

     [Personnel Div., Rule VII § B subsec. 2, eff. 8-11-73; A 7-3-76]-(NAC A by Dep't of Personnel, 10-26-84; 8-28-85; 1-26-87; 9-17-87; 4-19-88; 7-14-88; 7-21-89; 9-13-91; 9-16-92; 11-12-93; 3-23-94; R098-99, 9-27-99; R058-01, 9-6-2001; R147-01, 1-22-2002; A by Personnel Comm'n by R096-03, 10-30-2003; R145-05, 12-29-2005)

 

     NAC 284.256  Holidays:  Compensation for working. (NRS 284.065, 284.155, 284.175, 284.180)  

     1.  As used in this section, "holiday premium pay" means pay or compensatory time at an employee's normal rate of pay for hours designated as worked on a holiday, except those hours that are considered overtime pursuant to NRS 284.180.

     2.  A nonexempt employee who works on a holiday is entitled to receive holiday premium pay, overtime pay or compensatory time for the hours he or she works on the holiday, in addition to any holiday pay that he or she is entitled to be paid pursuant to NAC 284.255. A nonexempt employee who elects to receive compensatory time for the hours he or she works on a holiday must not exceed the limits on the accrual of compensatory time set forth in NAC 284.250.

     [Personnel Div., Rule VII § B part subsec. 3, eff. 8-11-73]-(NAC A by Dep't of Personnel, 7-21-89; 9-13-91; 3-23-94; R058-01, 9-6-2001; R147-01, 1-22-2002; A by Personnel Comm'n by R022-11, 10-26-2011)-(Substituted in revision for NAC 284.530)

 

     NAC 284.257  Holidays:  Designation of time for holiday pay; adjustment of work schedule if holiday occurs on employee's day off. (NRS 284.065, 284.155, 284.175)  

     1.  For compensation for holiday pay pursuant to NAC 284.255 and payment for actual hours worked on a holiday pursuant to NAC 284.256, the appointing authority shall designate whether such compensation will be based on the:

     (a) Calendar day; or

     (b) Entire shift of the employee.

     2.  If a work shift designated pursuant to paragraph (b) of subsection 1 occurs on 2 consecutive calendar days:

     (a) The employee may receive compensation related to the holiday for his or her entire shift only if 50 percent or more of the shift occurs on the holiday;

     (b) The appointing authority shall ensure that the compensable hours related to the holiday are so designated on the time sheet of the employee; and

     (c) The appointing authority of an employee who has two or more scheduled shifts on a holiday shall designate only one shift on the holiday for which the employee may receive compensation related to the holiday.

     3.  If a holiday occurs on the day off of a full-time nonexempt employee, the appointing authority may adjust the work schedule of the employee for the week during which the holiday occurs.  If a holiday occurs on the day off of an exempt classified employee or exempt unclassified employee, the appointing authority may adjust the work schedule of the employee for the week during which the holiday occurs or for a subsequent week.

     (Added to NAC by Dep't of Personnel by R147-01, eff. 1-22-2002)-(Substituted in revision for NAC 284.532)

 

     NAC 284.258  Compensation for time spent traveling. (NRS 284.065, 284.155, 284.175)  

     1.  An employee who is otherwise entitled to pay for overtime may earn overtime for traveling if:

     (a) His or her actual work time and the travel time exceed his or her normal workday of at least 8 hours; or

     (b) The travel occurs on his or her regularly scheduled day off.

     2.  Such an employee begins traveling when he or she leaves his or her workstation, or home if so authorized, and continues until he or she reaches the geographical location for his or her work assignment.

     3.  In determining the amount of travel time granted, the overtime claimed for additional reimbursement must be justified against the "normal" travel time as determined by the previous travel experience of the agency. If the additional travel time was caused by the employee's choice of transportation, overtime compensation will not be paid for the portion of the travel time that exceeds the "normal" travel time. Unless the appointing authority determines that the additional travel time is justified, an employee who has travel layovers or delays in transportation is limited to 4 hours of overtime, if applicable, plus per diem expenses. An employee may not be compensated for the time spent traveling during the normal time he or she spends commuting to and from work.

     4.  An employee who must travel and stay over to continue work on his or her next regularly scheduled workday is not considered to be working on his or her regularly scheduled day off and is not eligible for overtime pay. Such an employee is allowed to claim the standard per diem expenses.

     5.  Any travel by an employee on a holiday will be compensated pursuant to the provisions of NAC 284.255, 284.256 and 284.257.

     [Personnel Div., Rule III § L subsec. 16, eff. 8-11-73; renumbered as subsec. 15, 10-10-76]-(NAC A by Dep't of Personnel, 10-26-84; 7-1-94; R147-01, 1-22-2002)

 

NRS 284.358 Civil leave with reduced pay when performing active military service in time of war or emergency.

 

     NAC 284.290  Retained rates of pay. (NRS 284.065, 284.155, 284.175)  

     1.  An employee who is reclassified downward is entitled to a retained rate of pay if:

     (a) The employee has been in the same class for the equivalent of 6 months or more of full-time employment immediately preceding the downward reclassification; and

     (b) The reclassification is the result of a reorganization or other legitimate reason over which the employee has no control.

     2.  If an employee is entitled to a retained rate of pay pursuant to this section, the employee's base rate of pay remains unaffected for 2 years after the effective date of the downward reclassification.  At the end of the 2-year period, the employee's base rate of pay will be frozen until it falls within the range of the grade to which he or she was reclassified or for a maximum of 2 years, making the employee ineligible for any merit pay increases, cost of living adjustments or adjustments for a class of employees that have been approved by the Legislature.  If the employee's frozen base rate of pay does not fall within the range of the grade to which he or she was reclassified within the 2-year period, his or her base rate of pay will be adjusted to the highest step within the lower grade to which he or she was reclassified.

     3.  If the employee voluntarily accepts another position within the time period prescribed in subsection 2, he or she may no longer retain his or her base rate of pay.

     4.  The employee is entitled to reemployment rights to his or her former class and option in his or her department for 1 year after the date of notification of the reclassification as provided in NAC 284.140.

     5.  This section does not apply to an employee who is occupying a position which is temporarily reclassified to a higher class and is later restored to the former class pursuant to NAC 284.132.

     [Personnel Div., Rule III § O, eff. 8-11-73; renumbered as § P, 9-6-74; A 10-6-78]-(NAC A by Dep't of Personnel, 10-26-84; 9-17-87; 7-1-94; 3-1-96; R098-99, 9-27-99; R147-01, 1-22-2002)

 

     NAC 284.292  Notification of uncollected overpayment. (NRS 284.065, 284.155, 284.175)   If the Division of Human Resource Management determines that an employee in the classified or unclassified service has been paid in a manner which is contrary to the applicable laws and regulations and the agency has been unsuccessful in collecting the overpayment, the Division of Human Resource Management will notify the State Controller after it has reviewed the circumstances with the agency concerned.

     [Personnel Div., Rule XVI § A subsec. 2, eff. 8-11-73]-(NAC A by Dep't of Personnel, 10-26-84; 7-14-88; R147-01, 1-22-2002)-(Substituted in revision for NAC 284.706)

 

NRS 289.800  Reimbursement for cost to repair or replace uniform, accessories or safety equipment damaged or destroyed in performance of duties.

 

     NAC 284.294  Reimbursement for furnishing own tools. (NRS 284.065, 284.155, 284.175)  

     1.  An employee who is required to furnish his or her own tools may elect to be reimbursed for the use, loss, theft and breakage of the tools at the rate of $35 per month if the monetary value of the tools is more than $300 and less than $1,000, or at the rate of $50 per month if the monetary value exceeds $1,000.  This monthly allowance must not be considered part of the employee's base rate of pay.

     2.  The payment of reimbursement pursuant to subsection 1 absolves the agency of any responsibility for the employee's tools if the loss per occurrence is $1,000 or less. If the loss is more than $1,000 and is covered under the terms and conditions of the policy of property insurance or program of self-insurance maintained by the State, the loss must be paid by the insurer or the State, as appropriate.

     3.  If the employee does not elect to be paid a monthly reimbursement for furnishing his or her own tools pursuant to subsection 1 and a loss occurs which is covered by the policy of property insurance or program of self-insurance maintained by the State, the first $1,000 of the loss must be paid to the employee by the agency and the balance by the insurer or the State, as appropriate.

     4.  Agencies must approve and maintain a listing of those tools which are required.

     5.  As used in this section, "tools" does not include weapons or other protective equipment.

     [Personnel Div., Rule III § P, eff. 8-11-73; renumbered as § Q 9-6-74]-(NAC A by Dep't of Personnel, 8-26-83; 7-14-88; 10-27-97; R147-01, 1-22-2002)