NEVADA ADMINISTRATIVE CODE CHAPTER 284 - STATE PERSONNEL SYSTEM
NRS 284.343 Stipends for training and educational leave for employees: Regulations; exceptions; restrictions; grants.
NAC 284.482 Types of training. (NRS 284.065, 284.155, 284.343)
Each employee is responsible for improving his or her own professional competence. The employing agency shall, within budgetary constraints, complement the employee's own efforts by providing the following kinds of training:
1. Training which is beneficial to the agency's operation or is required by the State, the appointing authority, or the Federal Government.
2. Training which is needed to enable the employee to meet the standards of performance for his or her position.
3. Training which is needed to update the employee's skills, knowledge, and techniques of his or her current position.
[Personnel Div., Rule X § B, eff. 1-18-82]-(NAC A by Dep't of Personnel, 10-26-84)
NAC 284.484 Release time or leave to attend training. (NRS 284.065, 284.155, 284.343, 284.345)
1. When training is required by the appointing authority, the authority must grant release time to attend the training. Release time is considered time worked. The agency is responsible for any overtime earned as a result of such training.
2. When training is requested by the employee, the appointing authority may:
(a) Grant the employee release time, but not overtime;
(b) Require the employee to take approved leave for the work time spent to attend the training; or
(c) Deny the request. Approval must not be unreasonably withheld and reasons for denial must be provided the employee in writing.
Ê In making the determination to approve or deny training pursuant to this subsection, the appointing authority must consider the appropriateness of the training in accordance with NAC 284.485.
(Added to NAC by Dep't of Personnel, eff. 10-26-84; A by R082-00, 8-2-2000)
NAC 284.485 Criteria for approving or denying training or education requested. (NRS 284.065, 284.155, 284.343)
In determining whether to approve or deny training or education requested by an employee, an appointing authority shall consider whether the training or education:
1. Is required by or related to the job of the employee;
2. Is relevant to the prospective duties of the employee; or
3. Is a benefit to both the agency and the employee participating by:
(a) Preparing the agency and employee for technological and legal developments;
(b) Increasing the work capabilities of the agency and employee;
(c) Increasing the number of qualified employees in areas for which the agency has difficulty in recruiting or retaining employees; or
(d) Increasing the professional competence of the employees of the agency.
(Added to NAC by Dep't of Personnel by R082-00, eff. 8-2-2000)
NAC 284.486 Money for training to be used to produce greatest benefit in relation to cost of training. (NRS 284.065, 284.155, 284.343)
Money for training must be used to produce the greatest benefit in relation to the cost of the training. This requirement applies to money which is administered by the Division of Human Resource Management and to money which is administered by other agencies.
[Personnel Div., Rule X § C, eff. 1-18-82]-(NAC A by Dep't of Personnel, 10-26-84; R082-00, 8-2-2000)
NAC 284.490 Reimbursement or prepayment for training or education. (NRS 284.065, 284.155, 284.343)
1. If an employee receives approval to take training or education that he or she requested to take, including, without limitation, a course or workshop:
(a) The employing agency may reimburse the employee for the expense of the training or education only after the successful completion of the training; or
(b) The employing agency may elect to prepay the cost of the training or education.
2. An employing agency may enter into an agreement with an employee requiring the employee to repay any money paid to him or her or on his or her behalf for the cost of training or education if:
(a) The employee fails to complete the training successfully; or
(b) Within 1 year after the successful completion of training or education that is not required by his or her job, the employee terminates his or her employment with the agency.
Ê Any repayment from wages owed by the employee must not be taken from any payment for overtime owed to the employee and must not reduce the pay of the employee below the minimum wage required by federal law.
3. For the purposes of this section, "successful completion of training and education" means:
(a) Receiving a grade of C or better;
(b) Receiving a passing grade if the students are designated only as passing or failing the course;
(c) Receiving a certificate of completion; or
(d) Receiving other evidence of completion as predetermined by the appointing authority.
[Personnel Div., Rule X § D, eff. 1-18-82]-(NAC A by Dep't of Personnel, 10-26-84; R082-00, 8-2-2000; A by Personnel Comm'n by R022-05, 10-31-2005)
NAC 284.494 Request for training. (NRS 284.065, 284.155, 284.343)
A request for training to be provided by the Division of Human Resource Management must be completed on a form provided by the Division of Human Resource Management and approved before the training is begun if:
1. The cost involved will be charged to the budgetary category for training; or
2. Release time from the employee's regular job will be granted for the training.
[Personnel Div., Rule X § E, eff. 1-18-82]-(NAC A by Dep't of Personnel, 10-26-84; 5-27-86)
NRS 284.338 Reports: Training in proper preparation.
NAC 284.496 Classes and training concerning prevention of sexual harassment. (NRS 284.065, 284.155, 284.343)
1. Within 6 months after an employee is initially appointed to state service, the employee shall attend a certified class concerning the prevention of sexual harassment.
2. At least once every 2 years after his or her initial appointment to state service, an employee shall attend a certified refresher class or training concerning the prevention of sexual harassment.
3. An appointing authority may require an employee to retake any part or all of the classes or training required by subsections 1 and 2, or to participate in any additional classes or training deemed necessary by the appointing authority.
4. The appointing authority shall retain the proof of completion by an employee of a class or training required by this section.
5. The Division of Human Resource Management will certify the classes and training concerning the prevention of sexual harassment required by this section.
(Added to NAC by Personnel Comm'n by R096-03, 10-30-2003, eff. 1-1-2004)
NAC 284.498 Training of supervisory and managerial employees. (NRS 284.065, 284.155, 284.343)
1. Except as otherwise provided in this section:
(a) Within 6 months after an agency initially appoints an employee to a supervisory position or managerial position, the employee shall attend a training class concerning work performance standards and
the evaluation of the performance of employees.
(b) Within 12 months after an agency appoints an employee to a supervisory position or managerial position, the employee shall attend at least one training class which has been approved by the Division of Human Resource Management in each of the following areas:
(1) Equal employment opportunity;
(2) Interviewing and hiring;
(3) Alcohol and drug testing;
(4) Progressive disciplinary procedures; and
(5) Handling grievances.
2. Every 3 years, a supervisor or managerial employee shall complete training which is approved by the Division of Human Resource Management in each of the topic areas described in subsection 1.
3. The appointing authority, at its discretion, may accept, in lieu of the training required by subsection 1, supervisory or managerial training classes in each of the topic areas described in subsection 1 which are approved by the Division of Human Resource Management and taken by the employee during the 3 years immediately preceding the employee's appointment.
4. In addition to the training otherwise required by this section, the Division of Human Resource Management or an appointing authority may require a supervisor or managerial employee to retake any part or all of the training required by this section, or to participate in any additional training or other classes deemed necessary by the Division of Human Resource Management or appointing authority.
5. As used in this section:
(a) "Managerial position" means a position which is held by an employee who:
(1) Formally evaluates supervisors;
(2) Is involved in the hiring and firing of subordinate staff;
(3) Determines organizational structure within a component of the organization; and
(4) Develops, monitors and implements policies to accomplish long-range goals.
(b) "Supervisory position" means a position which is held by an employee who:
(1) Formally evaluates staff;
(2) Is involved in the hiring and firing of subordinate staff; and
(3) Establishes policies which affect the performance or behavior of subordinate staff.
[Personnel Div., Rule X part § F, eff. 1-18-82]-(NAC A by Dep't of Personnel, 10-26-84; 5-27-86; 10-18-89; 3-23-94; R197-99, 1-26-2000; A by Personnel Comm'n by R182-03, 1-27-2004; R057-10, 10-15-2010; R139-12, 10-4-2013)
NAC 284.504 Certification of employees who prepare forms for Records or Payroll Sections of Division of Human Resource Management. (NRS 284.065, 284.155, 284.343)
1. An employee of the State who performs the work involving the preparation of forms for the Records or Payroll Sections of the Division of Human Resource Management must be certified in the preparation of forms and the procedures which are used in the respective sections. The certification must be obtained within 6 months of the employee's appointment to the position and is accomplished by the employee's attendance at the appropriate training class which is offered by the Division of Human Resource Management.
2. Continued certification requires biennial attendance at a class in payroll and records procedures sponsored by the Division of Human Resource Management.
3. The appointing authority and the supervisor of an employee described in subsection 1 are responsible for ensuring that the employee complies with the provisions of subsections 1 and 2.
(Added to NAC by Dep't of Personnel, eff. 10-26-84; A 7-14-88)
NAC 284.506 Responsibilities of Division of Human Resource Management. (NRS 284.065, 284.155, 284.343)
The responsibilities of the Division of Human Resource Management include:
1. Reviewing the training records of state agencies which have approved training to check for compliance with NRS 284.343 and NAC 284.482 to 284.522, inclusive.
2. Providing consultative services, when requested, to assist state agencies in assessing the needs for training, developing training plans and establishing systems of records for training.
3. Providing training which applies throughout the State and specialized training which is based on the expertise and resources available.
4. Making recommendations for the improvement of an agency's training program when requested.
5. Reviewing requests for training and making the final approval or disapproval for training provided, paid for or coordinated by the Division of Human Resource Management.
[Personnel Div., Rule X § G, eff. 1-18-82]-(NAC A by Dep't of Personnel, 10-26-84; A by Personnel Comm'n by R189-09, 4-20-2010)
NAC 284.510 Responsibilities of appointing authorities. (NRS 284.065, 284.155, 284.343)
The responsibilities of the appointing authority of each state agency include:
1. Ensuring that its training activities comply with the provisions of NRS 284.343 and NAC 284.482 to 284.522, inclusive.
2. Ensuring that sufficient money is available before approving training requests.
3. Making the final approval or disapproval of requests for training except for training provided, paid for or coordinated by the Division of Human Resource Management.
4. Ensuring that the agency's training program is based on a systematic approach.
5. Providing training opportunities for all job categories in the agency.
6. Ensuring that a system exists for evaluating the effectiveness of training activities.
7. Keeping adequate statistical records of training activities.
[Personnel Div., Rule X § H, eff. 1-18-82]-(NAC A by Dep't of Personnel, 10-26-84)
NAC 284.514 Educational leave stipends. (NRS 284.065, 284.155, 284.175, 284.343, 284.345)
1. A stipend for an educational leave of up to three-fourths of an employee's base rate of pay may be paid if money is available for that purpose and the course of study meets the requirements set forth in NAC 284.485.
2. An employee's request for such a stipend must be endorsed by his or her appointing authority and be accompanied by a copy of the employee's agreement to return to work for the State. The request will be reviewed, and a recommendation made, by the Division of Human Resource Management. Before the employee is given the stipend to engage in the proposed college program, the request must be approved by the State Board of Examiners.
3. An agency may not have more than 2 percent of its full-time workforce receiving such a stipend at any one time except that an agency with less than 50 full-time employees may have one employee receiving such a stipend.
[Personnel Div., Rule X § I, eff. 1-18-82]-(NAC A by Dep't of Personnel, 10-26-84; R082-00, 8-2-2000; R147-01, 1-22-2002)
NAC 284.518 Requirements for educational leave stipends. (NRS 284.065, 284.155, 284.175, 284.343, 284.345)
With the exception of intermittent course work not leading to the awarding of a degree, no person may be granted a stipend for an educational leave until he or she has, in addition to fulfilling the requirements set forth in NRS 284.343:
1. Completed 1 year of continuous employment in the state service; and
2. Agreed to return to the agency within 30 working days after the completion of the course.
[Personnel Div., Rule X § J, eff. 1-18-82]
NAC 284.522 Procedure for appeal. (NRS 284.065, 284.155, 284.343, 284.384)
Except in a matter concerning stipends for educational leaves as to which a decision of the State Board of Examiners is final, any appeal concerning a matter under NAC 284.482 to 284.522, inclusive, must be made in accordance with the grievance procedure set forth in NAC 284.658 to 284.6957, inclusive.
[Personnel Div., Rule X § K, eff. 1-18-82]-(NAC A by Dep't of Personnel by R082-00, 8-2-2000)