Nevada Code § 284.355

Leave for sickness and disability: Accrual; uses; payment for unused leave; employees with mental or emotional disorders; forfeiture of leave
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1. Except as otherwise provided in this
section, all employees in the public service, whether in the classified or
unclassified service, are entitled to sick and disability leave with pay of 1
1/4 working days for each month of service, which may be cumulative from year
to year. After an employee has accumulated 90 working days of sick leave, the
amount of additional unused sick leave which the employee is entitled to carry
forward from 1 year to the next is limited to one-half of the unused sick leave
accrued during that year, but the Commission may by regulation provide for
subsequent use of unused sick leave accrued but not carried forward because of
this limitation in cases where the employee is suffering from a long-term or chronic
illness and has used all sick leave otherwise available to the employee.
2. An employee who is entitled to receive
paid family leave pursuant to NRS 284.356 may use his or her accrued sick leave for any purpose set forth in subsection 1
of NRS 284.356 .
3. Upon the retirement of an employee, the
employees termination through no fault of the employee or the employees death
while in public employment, the employee or the employees beneficiaries are
entitled to payment:
(a) For the employees unused sick leave in
excess of 30 days, exclusive of any unused sick leave accrued but not carried
forward, according to the employees number of years of public service, except
service with a political subdivision of the State, as follows:
(1) For 10 years of service or more but
less than 15 years, not more than $2,500.
(2) For 15 years of service or more but
less than 20 years, not more than $4,000.
(3) For 20 years of service or more but
less than 25 years, not more than $6,000.
(4) For 25 years of service, not more than
$8,000.
(b) For the employees unused sick leave accrued
but not carried forward, an amount equal to one-half of the sum of:
(1) The employees hours of unused sick
leave accrued but not carried forward; and
(2) An additional 120 hours.
4. The Commission may by regulation
provide for additional sick and disability leave for long-term employees and for
prorated sick and disability leave for part-time employees.
5. An employee entitled to payment for
unused sick leave pursuant to subsection 3 may elect to receive the payment in
any one or more of the following forms:
(a) A lump-sum payment.
(b) An advanced payment of the premiums or
contributions for insurance coverage for which the employee is otherwise
eligible pursuant to chapter 287 of NRS. If
the insurance coverage is terminated and the money advanced for premiums or
contributions pursuant to this subsection exceeds the amount which is payable
for premiums or contributions for the period for which the former employee was
actually covered, the unused portion of the advanced payment must be paid
promptly to the former employee or, if the employee is deceased, to the
employees beneficiary.
(c) The purchase of additional retirement credit,
if the employee is otherwise eligible pursuant to chapter
286 of NRS.
6. Officers and members of the faculty of
the Nevada System of Higher Education are entitled to sick and disability leave
as provided by the regulations adopted pursuant to subsection 2 of NRS 284.345 .
7. The Commission may by regulation
provide policies concerning employees with mental or emotional disorders which:
(a) Use a liberal approach to the granting of
sick leave or leave without pay to such an employee if it is necessary for the
employee to be absent for treatment or temporary hospitalization.
(b) Provide for the retention of the job of such
an employee for a reasonable period of absence, and if an extended absence
necessitates separation or retirement, provide for the reemployment of such an
employee if at all possible after recovery.
(c) Protect employee benefits, including, without
limitation, retirement, life insurance and health benefits.
8. The Commission shall establish by
regulation a schedule for the accrual of sick leave for employees who regularly
work more than 40 hours per week or 80 hours biweekly. The schedule must
provide for the accrual of sick leave at the same rate proportionately as
employees who work a 40-hour week accrue sick leave.
9. The Division may investigate any
instance in which it believes that an employee has taken sick or disability
leave to which the employee was not entitled. If, after notice to the employee
and a hearing, the Commission determines that the employee has taken sick or
disability leave to which the employee was not entitled, the Commission may
order the forfeiture of all or part of the employees accrued sick leave.

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