[Rev. 11/24/2008 11:58:08 AM]
CHAPTER 284 - STATE PERSONNEL SYSTEM
GENERAL PROVISIONS
284.010 Definitions.
284.022 “Appointing authority” defined.
284.023 “Appointment” defined.
284.025 “Base rate of pay” defined.
284.026 “Break in service” defined.
284.028 “Center for assessment” defined.
284.030 “Class” defined.
284.034 “Class series” defined.
284.036 “Class specification” defined.
284.038 “Classification” defined.
284.042 “Classification plan” defined.
284.050 “Commission” defined.
284.051 “Committee” defined.
284.0525 “Continuous service” defined.
284.053 “Date of hire” defined.
284.0533 “Dating relationship” defined.
284.0535 “Day” defined.
284.054 “Demotion” defined.
284.055 “Department” defined.
284.056 “Director” defined.
284.058 “Eligible person” defined.
284.062 “Employee” defined.
284.063 “Entry level” defined.
284.0637 “Exempt classified employee” defined.
284.0638 “Exempt unclassified employee” defined.
284.0639 “Full-time employee” defined.
284.064 “Full-time employment” defined.
284.065 “Full-time equivalency” and “full-time equivalent” defined.
284.066 “Grade” defined.
284.0663 “Holiday” defined.
284.0665 “Individual classification study” defined.
284.067 “Innovative workweek” defined.
284.068 “Insurer” defined.
284.069 “Journey level” defined.
284.070 “Nonclassified employee” defined.
284.071 “Nonexempt employee” defined.
284.072 “Nonstandard workweek” defined.
284.0725 “Normal rate of pay” defined.
284.073 “Occupational study” defined.
284.0742 “Paid status” defined.
284.0745 “Part-time employee” defined.
284.0746 “Part-time employment” defined.
284.0748 “Pay class designation” defined.
284.075 “Pay progression date” defined.
284.076 “Permanent employee” defined.
284.078 “Permanent status” defined.
284.086 “Position” defined.
284.087 “Positive reporting employee” defined.
284.088 “Promotion” defined.
284.0915 “Rating of performance” defined.
284.092 “Reallocation” defined.
284.093 “Reappointment” defined.
284.094 “Reclassification” defined.
284.095 “Reemployment” defined.
284.0955 “Rehire” defined.
284.096 “Reinstatement” defined.
284.097 “Reviewing officer” defined.
284.099 “Sexual conduct” defined.
284.0995 “Sexual harassment” defined.
284.100 “Standard workweek” defined.
284.102 “Step” defined.
284.104 “Trainee level” defined.
284.106 “Transfer” defined.
284.108 “Trial period” defined.
284.110 “Underfill” defined.
284.112 “Working day” defined.
284.1125 “Work-related injury or occupational disease” defined.
284.113 “Working day” interpreted.
284.114 Affirmative action program and equal employment opportunity.
284.116 Computation of time.
284.120 Adoption by reference of federal law, regulations and manual regarding persons with disabilities.
284.122 Severability.
CLASSIFICATION
284.126 Creation of new class, reclassification of position or reallocation of existing class.
284.130 Investigations of classifications.
284.132 Temporary classifications.
284.134 Individual reclassification of position to higher level: Status of incumbent.
284.138 Reclassification or reallocation of class or position to higher grade as result of occupational study: Status of incumbent.
284.140 Reclassification of class or position to lower grade: Status of incumbent.
284.150 Class specifications.
284.152 Appeal of allocation of position or change in classification.
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 Initial rate of pay; effect of promotion, demotion, transfer, reappointment or reemployment; minimum step for continuous employee; rate of pay for nonclassified or unclassified employee appointed to classified position.
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.
284.262 Longevity pay: Eligibility.
284.270 Longevity pay: Required rating of performance.
284.274 Longevity pay: Dates of payment and eligibility; responsible agency.
284.278 Longevity pay: Formulas for calculation.
284.282 Longevity pay: Particular circumstances.
284.284 Longevity pay: Return to state service.
284.290 Retained rates of pay.
284.292 Notification of uncollected overpayment.
284.294 Reimbursement for furnishing own tools.
FILLING VACANCIES IN EMPLOYMENT
Recruitment
284.295 Determining type of recruitment.
284.297 Considerations regarding determination to expand recruitment to open competition.
284.2975 Designation of class for which applicants for promotion are not normally available.
284.301 Length of recruitment.
284.305 Continuous recruitment.
284.309 Notice of recruitment: Publicized job announcement.
284.313 Limitation of competition in recruitment; applications.
284.317 Investigations of applicants; minimum age requirement.
284.321 Convictions: Disclosure; factors for consideration.
284.325 Preferences for veterans.
Examinations
284.329 Competitive examinations: Use and administration.
284.333 Centers for assessment: Selection and training of assessors; administration of examinations.
284.338 Minimum passing scores; computation of final scores.
284.341 Review of examinations; disputes regarding results.
284.345 Correction of errors in rating, scoring or computing results.
284.349 Retaking examination for same class.
284.353 Allocation of time used by employees for examinations and interviews.
Lists of Eligible Persons
284.358 Types of lists and priority for use.
284.360 Reemployment lists; certification or waiver of lists.
284.361 Use of lists and consideration of eligible persons.
284.364 Lists of persons with disabilities who are eligible for temporary limited appointments.
284.367 Promotional lists: Use; order of names.
284.370 Integration of subsequent lists; material changes.
284.371 Correction of errors in certification.
284.373 Inquiry of availability of eligible person.
284.374 Active lists: Removal and reactivation of names; refusal to consider certain persons.
Appointments
284.375 Appointing authority prohibited from appointing related persons under certain circumstances; exceptions.
284.377 Persons who become related after appointment: Appointing authority required to take corrective action; notification of appointing authority required.
284.386 Reinstatement of former permanent employee.
284.390 Transfers initiated by employees.
284.394 Transfers initiated by appointing authorities.
284.398 Transfers to classified service; certain transfers to unclassified service.
284.400 Acceptance of new appointment: Notice to current appointing authority.
284.402 Voluntary demotions.
284.404 Reappointments.
284.406 Provisional appointments.
284.410 Emergency appointments.
284.414 Temporary appointments.
284.416 Temporary limited appointment of persons with disabilities.
284.425 Positions created by temporary projects.
284.434 Seasonal positions.
284.436 Intermittent positions.
284.437 Underfilling of positions.
284.4375 Automatic advancement.
284.439 Reports of appointments.
ESSENTIAL FUNCTIONS OF POSITIONS
284.440 Determination by appointing authority.
284.441 Provision of description to candidates for vacant position; consideration for appointment.
PROBATIONARY PERIODS
284.442 Length of probationary period.
284.444 Application of probationary period.
284.446 Time counted toward completion of probationary period.
284.448 Time not counted toward completion of probationary period.
284.450 Adjustment of probationary period.
284.458 Rejection of probationary employees.
284.462 Restoration of promoted employee to former position.
REPORTS ON PERFORMANCE
284.468 Standards for performance of work.
284.470 Preparation, filing, contents, discussion and distribution of reports; powers and duties of employees; review; adjustment of grievances.
284.474 Employee entitled to copy of report.
284.478 Appeal of decision of reviewing officer.
TRAINING AND EDUCATION
284.482 Types of training.
284.484 Release time or leave to attend training.
284.485 Criteria for approving or denying training or education requested.
284.486 Money for training to be used to produce greatest benefit in relation to cost of training.
284.490 Reimbursement or prepayment for training or education.
284.494 Request for training.
284.496 Classes and training concerning prevention of sexual harassment.
284.498 Training of supervisory and managerial employees.
284.504 Certification of employees who prepare forms for Records or Payroll Sections of Department of Personnel.
284.506 Responsibilities of Administrative Services Section of Department of Personnel.
284.510 Responsibilities of appointing authorities.
284.514 Educational leave stipends.
284.518 Requirements for educational leave stipends.
284.522 Procedure for appeal.
ATTENDANCE AND LEAVES
284.523 Definitions.
284.5231 “Care” defined.
284.52315 “Child” defined.
284.5232 “Continuing treatment” defined.
284.5233 “Eligible employee” defined.
284.5234 “Family and medical leave” defined.
284.52345 “Family and Medical Leave Act” defined.
284.5235 “Immediate family” defined.
284.5237 “Parent” defined.
284.52375 “Provider of health care” defined.
284.5239 “Serious health condition” defined.
284.524 Reporting for work; workweeks and workdays; periods for meals and rest.
284.525 Reduction of hours by mutual agreement.
284.5255 Time sheets.
284.538 Annual leave: Computation; part-time employees; long-term employees.
284.5385 Annual leave: Leave without pay; catastrophic leave; receipt of benefits for temporary total disability.
284.539 Annual leave: Written request; approval or denial; authorized use.
284.5395 Annual leave: Payment upon separation from service.
284.540 Records of earned and used leave.
284.5405 Annual leave: Credit upon reinstatement, rehiring, reemployment or transfer.
284.541 Annual leave: Service in provisional, special disabled, emergency or temporary status; seasonal employees.
284.5415 Annual leave and sick leave: Exception employees.
284.542 Sick leave: Part-time employees.
284.544 Sick leave: Leave without pay; catastrophic leave; receipt of benefits for temporary total disability; computation.
284.546 Sick leave: Unused credit; special sick leave.
284.548 Sick leave: Reinstatement of dismissed employee.
284.550 Sick leave: Separation from service.
284.551 Sick leave: Credit upon rehiring, reemployment or transfer.
284.552 Sick leave: Service in provisional, emergency or temporary status; seasonal employees.
284.554 Sick leave: Authorized use.
284.558 Sick leave: Illness in employee’s immediate family.
284.562 Sick leave or catastrophic leave: Death in employee’s immediate family.
284.566 Sick leave: Approval by appointing authority; medical certification.
284.568 Sick leave: Placing employee on sick leave; conditions for return to work.
284.575 Catastrophic leave: Interpretation of certain statutory terms.
284.576 Catastrophic leave: Use and administration; appeal of denial.
284.577 Catastrophic leave: Repayment for hours used; receipt of workers’ compensation benefits.
284.5775 Temporary total disability: Use of sick leave, compensatory time, annual leave and catastrophic leave; leave of absence without pay.
284.5777 Temporary total disability: Workers’ compensation travel leave to receive medical treatment.
284.578 Leave of absence without pay.
284.580 Leave of absence without pay during fiscal emergency of State or agency.
284.581 Adoption by reference of federal law and regulations.
284.5811 Family and medical leave: Maximum amount in 12-month period; eligibility; use.
284.5813 Family and medical leave: Records.
284.582 Civil leave with pay to serve on jury or as witness.
284.586 Civil leave with pay to vote.
284.587 Civil leave with pay for certain volunteers or when absence is necessary to meet disaster or emergency.
284.588 Civil leave with reduced pay when performing certain service in time of war or emergency.
284.589 Administrative leave with pay.
284.5895 Accounting for absences of exempt classified and unclassified employees.
284.594 Unauthorized and unreported absences.
284.598 Breaks in continuous service.
WORK-RELATED INJURIES AND OCCUPATIONAL DISEASES
284.600 Definitions.
284.6002 Physical assessments.
284.6004 Temporary assignment: Conditions for offer; termination; subsequent assignment; medical examination.
284.6008 Temporary assignment: Location; jurisdiction of appointing authority; effect of jurisdiction of another appointing authority; classification and payment of employee.
284.6012 Temporary assignment: Effect of family and medical leave.
284.6013 Determination of effective date of permanent disability.
284.6014 Eligibility of employee with permanent disability for reemployment.
284.6015 Risk Management Division to provide certain information regarding permanent disability of employee to Department of Personnel and appointing authority.
284.6017 Placement on reemployment list of name of employee with permanent disability.
284.6018 Status following reemployment of person with permanent disability; restoration of name to reemployment list following failure of such person to complete probationary period; rights of employee after expiration of his right to reemployment.
284.6019 Limitations on eligibility for reemployment of person with permanent disability.
SEPARATIONS FROM SERVICE
284.602 Resignations.
284.608 Termination of seasonal employee.
284.611 Separation for physical, mental or emotional disorder.
284.612 Layoffs: Definitions.
284.614 Layoffs: Procedure.
284.618 Layoffs: Voluntary demotions.
284.626 Layoffs: Notice.
284.630 Layoffs: Reemployment.
284.632 Layoffs: Calculation of seniority.
DISCIPLINARY PROCEDURES
284.638 Warnings and written reprimands.
284.642 Suspensions and demotions.
284.646 Dismissals.
284.650 Causes for disciplinary action.
284.653 Driving under the influence; unlawful acts involving controlled substance.
284.656 Notice and hearing.
ADJUSTMENT OF GRIEVANCES
284.658 “Grievance” defined.
284.662 Providing assistance to employee.
284.678 Submission, form and contents of grievance; informal discussions.
284.680 Date of receipt of grievance.
284.682 Submission of grievance to next appropriate level.
284.686 Submission of grievance to head of division or department.
284.690 Filing of grievance with administrator of department; action by administrator.
284.692 Agreement for extension of time to file grievance or take required action.
284.695 Submission of grievance to Employee-Management Committee.
284.6955 Hearing before Employee-Management Committee: Procedure.
284.6957 Hearing before Employee-Management Committee: Continuance.
284.696 Unlawful discrimination.
284.697 When resolution of grievance becomes binding.
PERSONNEL RECORDS
284.702 Reports of personnel actions.
284.710 Order of processing personnel documents.
284.714 Official roster: Inspection; contents.
284.718 Confidential records.
284.726 Access to confidential records.
284.730 Retention and disposal of records.
284.734 Prohibition against maintenance of secret files.
PROHIBITIONS AND OFFENSES
284.738 Conflicting activities.
284.742 Appointing authorities authorized to define conflicting activities.
284.746 Acceptance of favors.
284.750 Use of position to secure or grant privileges.
284.754 Contracts with State.
284.758 Use of privileged information.
284.762 Suppression of information.
284.766 Full-time service required.
284.770 Political activities.
284.771 Sexual harassment.
PRACTICE BEFORE THE DEPARTMENT OF PERSONNEL
Hearings Before the Hearing Officer
284.774 Scope.
284.778 Request for hearing and other communications.
284.782 Time and place; notice; provision of reasonable accommodation to party with disability.
284.786 Continuances.
284.788 Conduct of hearings on appeal.
284.794 Evidence.
284.798 Decision must be based on evidence presented.
284.802 Form of testimony.
284.806 Evidence must be authenticated.
284.814 Appearance and procedure at hearing.
284.818 Decision by hearing officer.
Adoption, Amendment or Repeal of Regulations
284.826 Notice.
284.830 Presentation and contents of petitions.
284.834 Action on petitions to initiate adoption, amendment or repeal.
284.838 Declaratory judgments.
Hearings Before the Personnel Commission
284.850 Scope.
284.854 Request for appeal and other communication.
284.858 Time and place; notice; provision of reasonable accommodation to party with disability.
284.862 Hearings open to public.
284.866 Commencement of hearing.
284.870 Appearance and representation of party; manner of hearing.
284.874 Decision of Commission.
USE OF ALCOHOL OR DRUGS
284.880 Definitions.
284.882 Administration of screening tests.
284.884 Maximum allowable concentrations of alcohol in blood or breath of employee; confirmation of positive result on screening test of breath.
284.886 Screening test for controlled substance required of applicant for position affecting public safety; exception.
284.888 Request for employee to submit to screening test: Interpretation of grounds; completion of required form.
284.890 Transportation of employee to and from location of screening test.
284.892 Duties of employee who is referred to employee assistance program.
284.894 Treatment of applicant who tests positive; treatment of employee who tests positive twice within 5-year period.
GENERAL PROVISIONS
NAC 284.010 Definitions. (NRS 284.065) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 284.022 to 284.1125, inclusive, have the meanings ascribed to them in those sections.
(Supplied in codification; A by Dep’t of Personnel, 10-26-84; 4-19-88; 8-1-91; 7-6-92; 3-23-94; 10-27-97; R031-98, 4-17-98; R043-99, 9-27-99; R197-99, 1-26-2000; R058-01, 9-6-2001; R147-01, 1-22-2002; A by Personnel Comm’n by R038-03, 10-30-2003; R142-05, 12-29-2005; R147-06, 12-7-2006)
NAC 284.022 “Appointing authority” defined. (NRS 284.065) “Appointing authority” means an official, board or commission having the legal authority to make appointments to positions in the state service, or a person to whom the authority has been delegated by the official, board or commission.
[Personnel Div., Rule I § D subsec. 3, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 10-26-84)
NAC 284.023 “Appointment” defined. (NRS 284.065) “Appointment” means the acceptance by an applicant of an offer of employment by an appointing authority and their mutual agreement as to a date of hire.
(Added to NAC by Dep’t of Personnel, eff. 10-26-84)
NAC 284.025 “Base rate of pay” defined. (NRS 284.065) “Base rate of pay” means the dollar value of an employee’s grade and step.
(Added to NAC by Dep’t of Personnel by R147-01, eff. 1-22-2002)
NAC 284.026 “Break in service” defined. (NRS 284.065) “Break in service” means any separation from state service except for those separations listed in NAC 284.598.
[Personnel Div., Rule I § D subsec. 4, eff. 8-11-73]
NAC 284.028 “Center for assessment” defined. (NRS 284.065) “Center for assessment” means a method of examination based upon an assessment and rating process which uses a series of oral, written and performance exercises.
(Added to NAC by Dep’t of Personnel, eff. 11-12-93)
NAC 284.030 “Class” defined. (NRS 284.065) “Class” means a group of positions sufficiently similar with respect to their duties and responsibilities that the same title may be reasonably and fairly used to designate each position allocated to the class, substantially the same tests of fitness may be used, substantially the same minimum qualifications may be required and the same schedule of compensation may be applied with equity.
[Personnel Div., Rule I § D subsec. 5, eff. 8-11-73]
NAC 284.034 “Class series” defined. (NRS 284.065) “Class series” means the normal line of progression from training, entry or preparatory levels to supervisory or administrative levels within a job specialty so that the minimum qualifications, tests of fitness and the duties and responsibilities of each class are similar but different in level.
[Personnel Div., Rule I § D subsec. 6, eff. 8-11-73]
NAC 284.036 “Class specification” defined. (NRS 284.065) “Class specification” means a written description of a class, consisting of a title, a definition, examples of duties, and the minimum qualifications which are required.
[Personnel Div., Rule I § D subsec. 7, eff. 8-11-73]
NAC 284.038 “Classification” defined. (NRS 284.065) “Classification” means the systematic process of analytically grouping and allocating positions to classes based on the similarity of actual duties and responsibilities.
[Personnel Div., Rule I § D subsec. 8, eff. 8-11-73]
NAC 284.042 “Classification plan” defined. (NRS 284.065) “Classification plan” means a listing of all the classes which have been established, the class specifications, and the grade to which each is assigned.
[Personnel Div., Rule I § D subsec. 9, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 10-26-84)
NAC 284.050 “Commission” defined. (NRS 284.065) “Commission” means the Personnel Commission.
(Supplied in codification; A by Dep’t of Personnel, 10-26-84)
NAC 284.051 “Committee” defined. “Committee” means the Employee-Management Committee.
(Supplied in codification)
NAC 284.0525 “Continuous service” defined. (NRS 284.065) “Continuous service” means service which is not broken by a separation except for those separations listed in NAC 284.598.
(Added to NAC by Dep’t of Personnel, eff. 10-26-84)
NAC 284.053 “Date of hire” defined. (NRS 284.065) “Date of hire” means the date an employee begins or, after a break in service, resumes his paid employment with the State.
(Added to NAC by Dep’t of Personnel, eff. 10-26-84)
NAC 284.0533 “Dating relationship” defined. (NRS 284.065) “Dating relationship” means an intimate association primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.
(Added to NAC by Dep’t of Personnel by R058-01, eff. 9-6-2001; A by Personnel Comm’n by R183-03, 1-27-2004)
NAC 284.0535 “Day” defined. (NRS 284.065) “Day” means a calendar day.
(Added to NAC by Dep’t of Personnel, eff. 10-26-84)
NAC 284.054 “Demotion” defined. (NRS 284.065) “Demotion” means any movement of an employee to a class having a lower grade than the class previously held.
[Personnel Div., Rule I § D subsec. 11, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 10-26-84)
NAC 284.055 “Department” defined. (NRS 284.065) “Department” means:
1. An agency in the Executive Branch of State Government which is designated as a department by statute;
2. The Nevada System of Higher Education; and
3. Any state board or commission which employs classified workers.
(Added to NAC by Dep’t of Personnel, eff. 10-26-84)
NAC 284.056 “Director” defined. (NRS 284.065) “Director” means the Director of the Department of Personnel.
[Personnel Div., Rule I § D subsec. 1, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 10-26-84)—(Substituted in revision for NAC 284.014)
NAC 284.058 “Eligible person” defined. (NRS 284.065) “Eligible person” means any person who applies, is eligible, competes and successfully passes all phases of an examination and is placed on an appropriate eligible list.
[Personnel Div., Rule I § D subsec. 12, eff. 8-11-73]
NAC 284.062 “Employee” defined. (NRS 284.065) “Employee” means a person legally holding a position in the public service as defined in NRS 284.015.
[Personnel Div., Rule I § D subsec. 13, eff. 8-11-73]
NAC 284.063 “Entry level” defined. (NRS 284.065) “Entry level” means a class in which supervision is not a required duty or responsibility of the positions allocated to the class. The term includes any trainee level and the journey level.
(Added to NAC by Dep’t of Personnel, eff. 10-26-84; A by Personnel Comm’n by R024-05, 10-31-2005)
NAC 284.0637 “Exempt classified employee” defined. (NRS 284.065) “Exempt classified employee” means an employee in the classified service described in subsection 2 of NRS 284.148.
(Added to NAC by Dep’t of Personnel, eff. 3-23-94; A by R147-01, 1-22-2002)
NAC 284.0638 “Exempt unclassified employee” defined. (NRS 284.065) “Exempt unclassified employee” means an employee in the unclassified service described in subsection 1 of NRS 284.148.
(Added to NAC by Dep’t of Personnel, eff. 3-23-94; A by R147-01, 1-22-2002)
NAC 284.0639 “Full-time employee” defined. (NRS 284.065) “Full-time employee” means an employee whose work schedule is 100 percent of the full-time equivalent established for the employee’s pay class designation.
(Added to NAC by Dep’t of Personnel by R147-01, eff. 1-22-2002)
NAC 284.064 “Full-time employment” defined. (NRS 284.065) “Full-time employment” means a work schedule that is 100 percent of the full-time equivalent established for the pay class designation.
(Added to NAC by Dep’t of Personnel, eff. 10-26-84; A 9-13-91; R147-01, 1-22-2002)
NAC 284.065 “Full-time equivalency” and “full-time equivalent” defined. (NRS 284.065) “Full-time equivalency” or “full-time equivalent” means:
1. For a nonexempt employee, the number of hours authorized by the Department of Personnel for the nonexempt employee’s position, divided by the number of base hours established for the position’s pay class designation.
2. For an exempt classified employee or an exempt unclassified employee, the number of days authorized by the Department of Personnel for the employee’s position, divided by the number of base days established for the position’s pay class designation.
(Added to NAC by Dep’t of Personnel by R147-01, eff. 1-22-2002)
NAC 284.066 “Grade” defined. (NRS 284.065) “Grade” means the number assigned by the Department of Personnel to identify the range of pay for a class.
[Personnel Div., Rule I § D subsec. 15, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 10-26-84; R147-01, 1-22-2002)
NAC 284.0663 “Holiday” defined. (NRS 284.065) “Holiday” means a day that is designated to be a legal holiday pursuant to NRS 236.015.
(Added to NAC by Dep’t of Personnel by R147-01, eff. 1-22-2002)
NAC 284.0665 “Individual classification study” defined. (NRS 284.065) “Individual classification study” means a classification study initiated by an employee of this State, an agency of this State or the Department of Personnel which is based upon a new position or a significant change that has occurred in an existing position.
(Added to NAC by Dep’t of Personnel, eff. 10-27-97)
NAC 284.067 “Innovative workweek” defined. (NRS 284.065) “Innovative workweek” means a work schedule that differs from a standard or nonstandard workweek.
(Added to NAC by Dep’t of Personnel, eff. 10-26-84)
NAC 284.068 “Insurer” defined. (NRS 284.065) “Insurer” has the meaning ascribed to it in NRS 616A.270.
(Added to NAC by Dep’t of Personnel by R197-99, eff. 1-26-2000)
NAC 284.069 “Journey level” defined. (NRS 284.065) “Journey level” means the level of performance within an occupational specialty that requires a degree of knowledge and proficiency sufficient to perform work independently with little or no additional training.
(Added to NAC by Dep’t of Personnel, eff. 10-26-84; A by Personnel Comm’n by R024-05, 10-31-2005)
NAC 284.070 “Nonclassified employee” defined. (NRS 284.065) “Nonclassified employee” means an employee in the office of the Governor or the Judicial or Legislative Branch of State Government.
[Personnel Div., Rule I § D subsec. 17, eff. 8-11-73]—(NAC A by Dep’t of Personnel by R098-99, 9-27-99)
NAC 284.071 “Nonexempt employee” defined. (NRS 284.065) “Nonexempt employee” means an employee who is not subject to the provisions of NRS 284.148.
(Added to NAC by Dep’t of Personnel by R147-01, eff. 1-22-2002)
NAC 284.072 “Nonstandard workweek” defined. (NRS 284.065) “Nonstandard workweek” means a work schedule of five shifts with the same number of hours each day and a maximum of 40 hours per week throughout the year. The work schedule is other than Monday through Friday.
(Added to NAC by Dep’t of Personnel, eff. 10-26-84)
NAC 284.0725 “Normal rate of pay” defined. (NRS 284.065) “Normal rate of pay” means the dollar value of an employee’s base rate of pay plus any adjustment that has been made pursuant to the provisions of NAC 284.206.
(Added to NAC by Dep’t of Personnel by R147-01, eff. 1-22-2002)
NAC 284.073 “Occupational study” defined. (NRS 284.065) “Occupational study” means a classification study of a group of positions or related classes and class series, or any combination thereof, which is initiated by the Department of Personnel and subsequently approved by the Commission.
(Added to NAC by Dep’t of Personnel, eff. 10-27-97; A by Personnel Comm’n by R038-03, 10-30-2003)
NAC 284.0742 “Paid status” defined. (NRS 284.065) “Paid status” means the time that an employee is:
1. Working;
2. On leave with pay, except catastrophic leave; or
3. On a leave of absence due to a fiscal emergency declared pursuant to NAC 284.580.
(Added to NAC by Dep’t of Personnel by R147-01, eff. 1-22-2002)
NAC 284.0745 “Part-time employee” defined. (NRS 284.065) “Part-time employee” means an employee whose work schedule is less than 100 percent of the full-time equivalent established for the employee’s pay class designation.
(Added to NAC by Dep’t of Personnel by R147-01, eff. 1-22-2002)
NAC 284.0746 “Part-time employment” defined. (NRS 284.065) “Part-time employment” means a work schedule that is less than 100 percent of the full-time equivalent established for an employee’s pay class designation.
(Added to NAC by Dep’t of Personnel by R147-01, eff. 1-22-2002)
NAC 284.0748 “Pay class designation” defined. (NRS 284.065) “Pay class designation” means the designation set by the Department of Personnel for a group of employees whose pay is calculated in a similar manner, including, without limitation, the maximum number of full-time equivalent hours in a biweekly or semimonthly pay period, the method of reporting hours worked and whether pay is calculated on the basis of hours worked or an annual salary.
(Added to NAC by Dep’t of Personnel by R147-01, eff. 1-22-2002)
NAC 284.075 “Pay progression date” defined. (NRS 284.065) Except as otherwise provided in this chapter, “pay progression date” means the date on which an employee completes 1 year of employment equivalent to full-time service following his appointment to his current grade.
(Added to NAC by Dep’t of Personnel by R043-99, eff. 9-27-99)
NAC 284.076 “Permanent employee” defined. (NRS 284.065) “Permanent employee” means an employee who has successfully completed the probationary period for any class he has held during continuous classified service. The term does not include a person who:
1. Is reemployed after having been laid off and is serving a new probationary period as required by subsection 8 of NAC 284.630; or
2. Is reemployed pursuant to NAC 284.6014 after having sustained a permanent disability and is serving a new probationary period as required by subsection 2 of NAC 284.6018.
(Added to NAC by Dep’t of Personnel, eff. 8-1-91; A 3-1-96; A by Personnel Comm’n by R183-03, 1-27-2004; R143-05, 12-29-2005)
NAC 284.078 “Permanent status” defined. (NRS 284.065) “Permanent status” means the standing an employee achieves in a class when:
1. He has successfully completed the probationary period for the class; or
2. His appointment does not require a new probationary period and he does not hold another type of status of appointment for the class.
[Personnel Div., Rule I § D subsec. 20, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 10-26-84)
NAC 284.086 “Position” defined. (NRS 284.065) “Position” means a group of duties and responsibilities that have been assigned to a single job.
[Personnel Div., Rule I § D subsec. 21, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 10-26-84)
NAC 284.087 “Positive reporting employee” defined. (NRS 284.065) “Positive reporting employee” means an employee who is required to record on a time sheet all hours that he is in paid status.
(Added to NAC by Dep’t of Personnel by R147-01, eff. 1-22-2002)
NAC 284.0875 “Premises of the workplace” defined. (NRS 284.065) “Premises of the workplace” means any building, office, vehicle or location, or any part thereof, specifically intended to serve as a place where work is performed by an employee during the course of a workday, including, without limitation, irregular shifts, or any other building, office, vehicle or location at or in which an employee is authorized to perform work by the agency with which he is employed. The term includes parking lots, garages or vehicle depots that are owned or leased by the State. The term does not include a location that constitutes an employee’s usual and customary living quarters, except when the living quarters are also used to care for children pursuant to a state program or as otherwise authorized by the State.
(Added to NAC by Personnel Comm’n by R147-06, eff. 12-7-2006)
NAC 284.088 “Promotion” defined. (NRS 284.065) “Promotion” means an advancement to a position in a class which has a higher grade than the class previously held. The term does not include the restoration of a promoted employee to his former position pursuant to NAC 284.462.
(Added to NAC by Dep’t of Personnel, eff. 10-26-84; A by Personnel Comm’n by R183-03, 1-27-2004)
NAC 284.0915 “Rating of performance” defined. (NRS 284.065) “Rating of performance” means the overall rating of an employee’s performance efficiency, character and conduct which is included in the report on performance of an employee.
(Added to NAC by Dep’t of Personnel by R031-98, eff. 4-17-98)
NAC 284.092 “Reallocation” defined. (NRS 284.065) “Reallocation” means the assignment of a class to a higher grade or a lower grade.
(Added to NAC by Dep’t of Personnel, eff. 10-26-84)
NAC 284.093 “Reappointment” defined. (NRS 284.065) “Reappointment” means a noncompetitive appointment of a current employee to a class he formerly held or to a comparable class.
(Added to NAC by Dep’t of Personnel, eff. 10-26-84; A 8-1-91; A by Personnel Comm’n by R183-03, 1-27-2004)
NAC 284.094 “Reclassification” defined. (NRS 284.065) “Reclassification” means a reassignment or change in allocation of a position by:
1. Raising it to a class with a higher grade;
2. Reducing it to a class with a lower grade; or
3. Moving it to another class at the same grade on the basis of significant changes in kind, difficulty or responsibility of the work performed.
[Personnel Div., Rule I § D subsec. 23, eff. 8-11-73; renumbered as subsec. 24, 4-14-76]—(NAC A by Dep’t of Personnel, 10-26-84)
NAC 284.095 “Reemployment” defined. (NRS 284.065) “Reemployment” means a noncompetitive appointment of a current or former employee to a class for which he has reemployment rights, as provided in this chapter, because of military service, layoff, a permanent disability arising from a work-related injury or occupational disease, seasonal separation, reallocation or reclassification of his position to a lower grade.
(Added to NAC by Dep’t of Personnel, eff. 10-26-84; A 3-1-96; A by Personnel Comm’n by R142-05, 12-29-2005)
NAC 284.0955 “Rehire” defined. (NRS 284.065) “Rehire” means any appointment to the classified service following a separation from the classified service.
(Added to NAC by Dep’t of Personnel, eff. 4-19-88)
NAC 284.096 “Reinstatement” defined. (NRS 284.065) “Reinstatement” means a noncompetitive appointment of a former permanent employee to a class he formerly held or to a comparable class.
(Added to NAC by Dep’t of Personnel, eff. 10-26-84; A 8-1-91)
NAC 284.097 “Reviewing officer” defined. (NRS 284.065) “Reviewing officer” means:
1. The supervisor of the person who prepared a report on performance of an employee; or 2. Such other person designated by the appointing authority,
Ê who reviews the report on performance upon the request of the employee pursuant to paragraph (b) of subsection 5 of NAC 284.470.
(Added to NAC by Personnel Comm’n by R038-03, eff. 10-30-2003; A by R144-05, 12-29-2005)
NAC 284.099 “Sexual conduct” defined. (NRS 284.065) “Sexual conduct” means:
1. Ordinary sexual intercourse;
2. Anal intercourse;
3. Fellatio, cunnilingus or other oral-genital contact;
4. Physical contact by a person with the genitals or pubic area of another person for the purpose of arousing or gratifying the sexual desire of either person;
5. Penetration, however slight, by a person of an object into the genital or anal opening of the body of another person for the purpose of arousing or gratifying the sexual desire of either person; or
6. Masturbation or the lewd exhibition of genitals.
(Added to NAC by Personnel Comm’n by R147-06, eff. 12-7-2006)
NAC 284.0995 “Sexual harassment” defined. (NRS 284.065) “Sexual harassment” means unwelcome sexual advances, requests for sexual favors, or other speech or physical conduct of a sexual nature when:
1. Submission to such speech or conduct is made either explicitly or implicitly a term or condition of a person’s employment;
2. Submission to or the rejection of such speech or conduct by a person is used as the basis for employment decisions affecting that person; or
3. Such speech or conduct has the purpose or effect of unreasonably interfering with a person’s work performance or creating an intimidating, hostile or offensive working environment.
(Added to NAC by Personnel Comm’n by R147-06, eff. 12-7-2006)
NAC 284.100 “Standard workweek” defined. (NRS 284.065) “Standard workweek” means a work schedule of five shifts with the same number of hours each day and a maximum of 40 hours per week throughout the year. The work schedule is Monday through Friday.
(Added to NAC by Dep’t of Personnel, eff. 10-26-84)
NAC 284.102 “Step” defined. (NRS 284.065) “Step” means the number assigned by the Department of Personnel to identify a specific rate of pay within a grade.
[Personnel Div., Rule I § D subsec. 25, eff. 8-11-73; renumbered as subsec. 27, 4-14-76]—(NAC A by Dep’t of Personnel, 10-26-84; R197-99, 1-26-2000; R147-01, 1-22-2002)
NAC 284.104 “Trainee level” defined. (NRS 284.065) “Trainee level” means the level of performance within an occupational specialty at which an employee is in the process of acquiring the knowledge, skills and abilities to perform at the journey level.
(Added to NAC by Personnel Comm’n by R024-05, eff. 10-31-2005)
NAC 284.106 “Transfer” defined. (NRS 284.065) “Transfer” means:
1. A noncompetitive appointment in which an employee moves from one position to another position in the same class or a related class with the same grade; or
2. A competitive appointment in which an employee moves from one position to a position in a different class with the same grade.
[Personnel Div., Rule I § D subsec. 26, eff. 8-11-73; renumbered as subsec. 28, 4-14-76]—(NAC A by Dep’t of Personnel, 10-26-84; 11-16-95)
NAC 284.108 “Trial period” defined. (NRS 284.065) “Trial period” means the 6-month or 1-year probationary period served by a permanent employee who has been promoted to a vacant position.
(Added to NAC by Dep’t of Personnel, eff. 10-26-84; A 8-1-91; 12-26-91)
NAC 284.110 “Underfill” defined. (NRS 284.065) “Underfill” means the filling of a position with an employee holding a position in a lower classification, except for those situations where employees are in classifications which are training or intermediate levels preparatory to promotion to the journey level class.
[Personnel Div., Rule I § D subsec. 30, eff. 4-14-76]—(NAC A by Personnel Comm’n by R183-03, 1-27-2004)
NAC 284.112 “Working day” defined. (NRS 284.065) “Working day,” for the purpose of a grievance or an appeal, means Monday to Friday, inclusive, excluding holidays.
(Added to NAC by Dep’t of Personnel, eff. 10-26-84)
NAC 284.1125 “Work-related injury or occupational disease” defined. (NRS 284.065) “Work-related injury or occupational disease” means any injury or illness suffered by an employee that arises out of and in the course of his employment in the classified service and for which an employee has filed a claim pursuant to chapter 616A, 616B, 616C, 616D or 617 of NRS.
(Added to NAC by Personnel Comm’n by R142-05, eff. 12-29-2005)
NAC 284.113 “Working day” interpreted. (NRS 284.065, 284.155, 284.345) As used in NRS 284.350 and 284.355, the Director will interpret “working day” to mean a period of work consisting of 8 hours.
(Added to NAC by Dep’t of Personnel by R031-98, eff. 4-17-98; A by Personnel Comm’n by R065-98, 7-24-98)
NAC 284.114 Affirmative action program and equal employment opportunity. (NRS 284.065)
1. The Department of Personnel is responsible for establishing, coordinating and evaluating an affirmative action program for this State.
2. The Department of Personnel will cooperate and consult with agencies to:
(a) Identify barriers in the personnel management system which may adversely affect the ability of applicants and employees to reach their full employment potential without regard to race, sex, sexual orientation, religion, color, national origin, age or disability.
(b) Coordinate programs to remove barriers to equal employment opportunity while ensuring the effectiveness of the merit system and the opportunity for persons to enter the system and progress in it to the extent of their merit.
[Personnel Div., Rule I § C, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 10-26-84; 7-6-92; R098-99, 9-27-99)
NAC 284.116 Computation of time. (NRS 284.065) In computing a period of time mentioned in this chapter, the day of the act or event from which the period begins is not counted and the last day is counted unless the last day is a Saturday, Sunday or state holiday. If the last day is a Saturday, Sunday or state holiday, the period ends on the next day that is not a Saturday, Sunday or state holiday.
(Added to NAC by Dep’t of Personnel, eff. 10-26-84)
NAC 284.120 Adoption by reference of federal law, regulations and manual regarding persons with disabilities. (NRS 284.065)
1. For the purposes of determining the meaning of “essential functions of a position,” “person with a disability,” “qualified person with a disability” and “reasonable accommodation,” the Department of Personnel hereby adopts by reference and will refer to:
(a) The Americans with Disabilities Act of 1990 (Public Law 101-336).
(b) The provisions of 29 C.F.R. Part 1630.
(c) The Technical Assistance Manual for the Americans with Disabilities Act.
2. A copy of the materials adopted by reference pursuant to this section may be obtained at no charge from the United States Equal Employment Opportunity Commission Publications Information Center, P.O. Box 12549, Cincinnati, Ohio 45212-0549, telephone (800) 669-3362 or TDD (800) 800-3302.
(Added to NAC by Dep’t of Personnel, eff. 7-6-92; A 10-27-97; R082-00, 8-2-2000)
NAC 284.122 Severability. (NRS 284.065) If any of the provisions of this chapter are held, for any reason, to be invalid, it is intended that the validity of the remaining provisions not be affected thereby.
[Personnel Div., Rule XVIII, eff. 8-11-73]
CLASSIFICATION
NAC 284.126 Creation of new class, reclassification of position or reallocation of existing class. (NRS 284.065, 284.155)
1. For the purposes of this section:
(a) “Agency personnel officer” means the Director of Personnel within the Nevada System of Higher Education or any person holding a position in the classified service with the title of Personnel Officer.
(b) “Significant change” means a change in the duties and responsibilities assigned to a position in a class that:
(1) Is outside of the scope of the class as described by the class specification;
(2) Is not part of the scope of responsibility of the position; and
(3) Results in the preponderance of duties and responsibilities being allocated to a different class.
2. If an appointing authority or an employee proposes the creation of a new class, a reclassification of a position to a different class or the reallocation of an existing class based upon a gradual accumulation of duties and responsibilities which results in a significant change and is intended to be permanent, the Department of Personnel or agency personnel officer must be notified on the appropriate form. If the creation, reclassification or reallocation is approved, the Department of Personnel will allocate the position to one of the existing classes in the classification plan or to a new, revised or reallocated class as appropriate.
3. The effective date of the classification decision will be the date on which form NPD-19 is received by the Department of Personnel or agency personnel officer unless information that substantially affects the decision concerning the creation, reclassification or reallocation is received after this date. In that case, the effective date will be the date on which the appropriate information necessary to make the decision is received. However, the subsequent receipt of an application or examination score that confirms the qualifications of an incumbent will not have a bearing on the effective date. If the form was prepared but delayed due to an administrative or clerical error, the effective date must be determined by the appointing authority and must be based upon the date on which the form should reasonably have been submitted to the Department of Personnel or agency personnel officer. In no case, however, may a retroactive adjustment because of an administrative or clerical error exceed 6 months after the date of receipt.
4. If an agency makes or anticipates making a significant change in the duties for a position or the agency anticipates a reorganization which will require the reclassification of an existing position, the reallocation of an existing class or the creation of a new class, it shall advise the Budget Division of the Department of Administration or, in the case of the Nevada System of Higher Education, the budget division of the applicable institution. The proposed change may not be required of an employee nor be submitted to the Department of Personnel until funding for it is approved. If the change is approved by the Department of Personnel, the effective date will be determined by the Budget Division.
5. In effecting a reclassification pursuant to subsection 2 or 4, the appointing authority must review and take into consideration the organizational structure and the qualifications of the incumbent before assigning new duties to a position which are intended to be permanent. No position will be reclassified to a higher grade through the individual classification process if the incumbent does not meet the minimum qualifications for the higher level position. If an employee does not meet the minimum qualifications to reclassify his position, he is not eligible for promotion, but may be eligible for a special adjustment to his pay pursuant to NAC 284.206.
6. The establishment of a new class or reallocation of a class in an occupational study which results in a fiscal cost becomes effective when the funding is provided by the Legislature in the biennial operating budget for this State.
7. From the date on which the Department of Personnel formally announces the beginning of an occupational study until the date on which the occupational study becomes effective:
(a) An existing position in the occupational study that has a significant change may only be reclassified to an existing class.
(b) An existing class in the occupational study must not be reallocated to a different grade.
(c) A new position may be allocated to an existing class or a new class as determined by the Department of Personnel.
[Personnel Div., Rule II § D subsec. 1, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 10-26-84; 7-21-89; 8-14-90; 12-26-91; 11-16-95; 10-27-97; R098-99, 9-27-99; R147-01, 1-22-2002; A by Personnel Comm’n by R069-02, 8-14-2002; R038-03, 10-30-2003)
NAC 284.130 Investigations of classifications. (NRS 284.065, 284.155) The Department of Personnel may investigate the classification of any existing position on the written request of an appointing authority or an employee or on its own initiative.
[Personnel Div., Rule II § E, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 10-26-84)
NAC 284.132 Temporary classifications. (NRS 284.065, 284.155, 284.175)
1. An appointing authority, an employee or the Department of Personnel may request a temporary classification which allows the classification of a position for a temporary period of 1 year or less. Each appointment which is designated as temporary must have specific criteria established which justify the grade of the position and the projected date of expiration of the period. A position which no longer meets this criteria will revert back to the class from which it was reclassified. This method of classification is subject to the following conditions:
(a) Temporary classifications must meet the allocation standards and the criteria established for the class before this method may be used. The classification must be approved by the Department of Personnel before the appointment.
(b) An employee who is appointed to a temporary class must sign the payroll document. This signature acknowledges that the employee understands the conditions of the reclassification and its projected date of expiration.
2. If the employee meets the minimum qualifications for the temporary classification, he:
(a) Retains his status of appointment; and
(b) Must complete the remaining portion of the probationary period currently being served, if any, based on the requirements of the new class.
Ê An incumbent who has reverted to his previous class is entitled to the step, pay progression date and status of appointment he would have attained if he had not been appointed to the temporary class.
3. The pay progression date of an employee who is promoted pursuant to this section will be determined in accordance with the provisions of NAC 284.182. The rate of pay for the employee will be determined in accordance with the provisions of NAC 284.170 governing an employee’s pay on promotion.
4. In case of a layoff, the temporarily assigned employee’s class of layoff is his former class. The time served in the temporary class is counted for seniority purposes if it was in the same occupational group, as provided in NRS 284.171.
(Added to NAC by Dep’t of Personnel, eff. 10-26-84; A 10-27-97; R043-99 & R098-99, 9-27-99; R146-01, 1-18-2002; R147-01, 1-22-2002)
NAC 284.134 Individual reclassification of position to higher level: Status of incumbent. (NRS 284.065, 284.155, 284.175)
1. An incumbent who meets the minimum qualifications for an individual reclassification as provided in NAC 284.126 may be reclassified to a higher level. If the incumbent’s position is reclassified as a result of an individual classification study, the incumbent will continue to serve in the position and he:
(a) Must be promoted;
(b) Retains his status of appointment; and
(c) Must complete the remaining portion of the probationary period currently being served, if any, based on the requirements of the new class.
2. The pay progression date of an employee who is reclassified pursuant to this section will be determined in accordance with the provisions of NAC 284.182. The rate of pay will be determined in accordance with the provisions of NAC 284.170 governing an employee’s pay on promotion.
[Personnel Div., Rule II § F subsecs. 1 & 2, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 10-26-84; 10-27-97; R043-99, 9-27-99; R147-01, 1-22-2002)
NAC 284.138 Reclassification or reallocation of class or position to higher grade as result of occupational study: Status of incumbent. (NRS 284.065, 284.155, 284.175)
1. Except as otherwise provided in subsections 3 and 4, if a class or a position within a class is reclassified or reallocated to a higher grade as a result of an occupational study, the incumbent will continue to serve in the position and he:
(a) Must be promoted;
(b) Retains his status of appointment;
(c) Retains his pay progression date; and
(d) Must complete the remaining portion of the probationary period currently being served, if any, based on the requirements of the new class.
2. The rate of pay for employees who are promoted will be determined in accordance with the provisions of NAC 284.170 governing an employee’s pay on promotion.
3. The provisions of subsection 1 do not apply to an incumbent who is filling a position in a class which is at a lower grade than the authorized level of the position unless the class held by the incumbent is reclassified or reallocated to a higher grade.
4. If a position is reclassified to a higher grade in a different occupational group, the employee must meet the minimum qualifications of the higher level position before he is promoted. If the employee does not meet the minimum qualifications, he must not be promoted, the position will be temporarily reclassified pursuant to NAC 284.132 and the employee may be eligible for a special adjustment to his pay as provided in NAC 284.206. If the employee does not meet the minimum qualifications within 1 year after the effective date of the reclassification, the duties must be reassigned and the position must be reclassified accordingly.
[Personnel Div., Rule II § F subsec. 4, eff. 8-11-73; A 10-6-78]—(NAC A by Dep’t of Personnel, 10-26-84; 8-1-91; 12-26-91; 9-16-92; 10-27-97; R043-99, 9-27-99; R147-01, 1-22-2002)
NAC 284.140 Reclassification of class or position to lower grade: Status of incumbent. (NRS 284.065, 284.155, 284.175)
1. If a class or position is reclassified to a lower grade, the incumbent’s title and grade must be changed to the new class. He will retain his status of appointment and pay progression date. The rate of pay will be determined by the provisions of NAC 284.290 governing an employee’s pay on retained rates or, if the employee does not meet these requirements, by the provisions of NAC 284.170 governing an employee’s pay on demotion.
2. The employee is eligible for reappointment to the same or a similar class from which he was reclassified.
3. The employee is entitled to reemployment rights to his former class and option in his department for 1 year after the date of notification of the reclassification to the lower grade if the employee and the agency provide the necessary information regarding the employee’s seniority on the prescribed form.
4. If the employee is receiving a retained rate of pay and he declines the first opening which is offered to him for his previous class in his department and location, he forfeits his reemployment rights to the former class and must be immediately reclassified to the lower grade and the provisions of this chapter governing the pay of an employee on demotion apply.
(Added to NAC by Dep’t of Personnel, eff. 10-26-84; A by R043-99, 9-27-99; R147-01, 1-22-2002)
NAC 284.150 Class specifications. (NRS 284.065, 284.155, 284.384)
1. Class specifications will define a class based on a sound, systematic occupational analysis and evaluation of the position and will contain elements sufficient to distinguish the various classes from one another. The use of a particular expression or illustration as to duties must not be interpreted to exclude others not mentioned but that are of similar kind and relevant to the class.
2. Any option within a class which is included in the class specification will be considered a separate class.
3. In determining the class to which any position will be allocated, the specification will be considered as a whole and in relation to others in the classification plan. The duties, responsibilities, qualifications, knowledge, and abilities required for a class will be considered in relation to those for other classes in determining the kinds of positions which a class may include.
4. The qualifications which are required for a particular class are the standards for the evaluation of applications for positions in that class. The Department of Personnel may, after consulting with appointing authorities, interpret these qualifications so that qualifications which are equivalent to those which are specified for the class may be accepted. The interpretation of qualifications which are considered equivalent must not circumvent the principles of selection on the basis of merit.
5. Qualifications which are required to perform the essential functions of a position, such as possession of a valid driver’s license, may be required by the appointing authority if:
(a) So indicated for the position at the time of public notice or appointment; or
(b) Written notice of the required qualifications is given to the employee.
Ê Any disagreement concerning the validity of the required qualifications may be submitted for adjustment pursuant to the procedure for the adjustment of grievances set forth in NAC 284.658 to 284.697, inclusive.
[Personnel Div., Rule II § H, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 10-26-84; 8-1-91; 7-6-92; 7-1-94)
NAC 284.152 Appeal of allocation of position or change in classification. (NRS 284.065, 284.155, 284.384)
1. An employee affected by the allocation of a position to a grade or class or by a change in classification as a result of a study regarding classifications, or the agency where such actions have occurred, may, within 20 working days after the date of receipt of written notice of the action, file a written appeal of the action with the Director. The appeal must:
(a) Address the points outlined in the Department of Personnel’s recommendation regarding the proper classification for the position in question; and
(b) Indicate the points with which the appellant disagrees and express the reasons why he disagrees.
2. The Director will issue a decision on the appeal within 20 working days after he receives the appeal unless:
(a) He is prohibited from doing so because of the number of appeals resulting from a study regarding classifications;
(b) There is an agreement with the appellant to extend the limitation of time for the issuance of the decision; or
(c) The Director delegates the duty to decide the appeal to a designated representative pursuant to subsection 3.
3. The Director may delegate the duty to decide the appeal to a designated representative if the Director is unavailable or reasonably believes he has a conflict of interest. If the Director makes such a delegation, the designated representative shall issue a decision on the appeal within 20 working days after the Director received the appeal.
4. The appellant or the agency affected by the decision may appeal it to the Commission within 30 days after receipt of written notice of the decision from the Director.
(Added to NAC by Dep’t of Personnel, eff. 9-17-87; A 3-1-96; R031-98, 4-17-98)
COMPENSATION
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 Initial rate of pay; effect of promotion, demotion, transfer, reappointment or reemployment; minimum step for continuous employee; rate of pay for nonclassified or unclassified employee appointed to classified position. (NRS 284.065, 284.155, 284.175)
1. Except as otherwise provided in NAC 284.204 regarding adjustment of steps within the same grade and NAC 284.206 regarding special adjustments to pay, the following provisions govern the grade and the step at which an employee must be paid at the time of employment:
(a) If the employment 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.
(b) If the employment is a reinstatement to a position which is:
(1) At the same grade as that of the employee’s former position, he must be paid at or below the step which he held in his former position.
(2) At a lower grade than the employee’s former position, he must be paid at or below the step in the lower grade which most closely corresponds to the base rate of pay of his former position.
(3) A result of the reallocation of the entire class because of a reclassification or a general pay increase, he must be paid at or below the step in the new grade which most closely corresponds to the base rate of pay of his former grade.
2. 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 former grade, he must be placed at the same step in the new grade as the step he held in his former grade.
(2) If the employee moves three or more grades above his former grade, the employee must be placed:
(I) At a step which is equivalent to an increase of two steps above the step he held in his former grade; or
(II) At the lowest step of the new grade,
Ê whichever pay is higher and in accordance with the provisions of subsection 8.
(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 pay for more than 6 months of continuous full-time service.
(c) If an employee has been demoted, he may not receive a promotional increase in pay that is greater than the increase which he would have otherwise been entitled to receive had he not been demoted.
(d) This subsection does not apply when an employee is reemployed or reappointed to his former grade within 1 year after holding that grade.
3. Except as otherwise provided in this subsection and 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 was demoted as follows:
(a) If the employee has attained permanent status in the class from which he was demoted and the demotion is instituted at the employee’s request or is acceptable to the employee, the appointing authority shall pay him at a step in the grade of the class to which he was demoted which is:
(1) Equal to his present base rate of pay; or
(2) Equivalent to a decrease of not more than one step from his base rate of pay in the position from which he was demoted. Except as otherwise provided in paragraph (b), if the base rate of pay in the position from which he was demoted does not fall within the grade of the class to which he was demoted, the employee must be paid at a step in the grade of the class to which he was demoted which is equal to:
(I) The step he would have received if he had not been promoted to the position from which he was demoted; or
(II) The step he would have received if he had been employed in that class from the inception of his employment with the State of Nevada.
(b) An exception to subparagraph (2) of paragraph (a) 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 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:
(1) The employee’s base rate of pay will be limited to three grade levels above the grade of the class to which he is demoted or his base rate of pay in the position from which he was demoted, whichever is less.
(2) The employee’s base rate of pay in the position to which he was demoted will be frozen until it falls within the grade of the class to which he was demoted or for a maximum of 2 years after the date he was demoted, 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.
(3) If the employee’s frozen base rate of pay does not fall within the grade of the class to which he was demoted within the 2-year period, his base rate of pay will be adjusted to the highest step within the grade of the class to which he was demoted.
(c) If an employee accepts a promotion and is demoted before attaining permanent status in the class, he must be paid at a step in the grade of the class to which he was demoted which is equivalent to the base rate of pay to which he would have been entitled had he not been promoted.
(d) If the demotion is instituted by the appointing authority for disciplinary reasons and is not covered by paragraph (b), 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.
(e) If an employee is demoted during his 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 base rate of pay before the demotion.
4. Except as otherwise provided in NAC 284.204, if an employee transfers to a position in the same or a related class, he must be placed at the corresponding step in the same grade that he held before the transfer. Any exception to this subsection must be:
(a) Based on the provisions of NAC 284.204; or
(b) Approved by the Department of Personnel based upon a written request and justification for the exception submitted by the appointing authority.
5. If an employee is reappointed to a position which is in:
(a) The grade which he currently holds, he retains his step.
(b) A higher grade and the appointment occurs within 1 year after the date on which he last held the grade, he must be placed at the step which he last held in that grade.
(c) A higher grade and the reappointment occurs more than 1 year after he held that grade, his pay must be calculated pursuant to the provisions relating to promotion in subsection 2.
Ê Any exception to this subsection must be approved by the Department of Personnel based upon a written request and justification for the exception submitted by the appointing authority.
6. Except as otherwise provided in subsection 7, if a person is reemployed at:
(a) The same grade, he must be placed at the step which he last held in that grade.
(b) A lower grade, he must be placed at a step which most closely corresponds to the base rate of pay which he held at the time of his layoff or separation.
(c) A higher grade and the appointment occurs within 1 year after the date on which he last held the grade, he must be placed at the step which he last held in that grade.
Ê An exception to this subsection 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 of the Department of Administration 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 is made pursuant to this subsection because the agency does not have sufficient money available, the employee retains his right of reemployment.
7. If a person who is eligible for military reemployment is reemployed, the period of his military service must be included in calculating the step at which he will be placed.
8. An employee who has been continuously employed without a break in service may not have his step set below:
(a) Step 4 of any grade if his date of hire is before April 26, 1973; or
(b) Step 3 of any grade if his date of hire is before May 3, 1975, but on or after April 26, 1973, except for disciplinary reasons which result in demotion.
9. Except as otherwise provided in this subsection, 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 may, at the discretion of the appointing authority:
(a) Be paid at a step which corresponds to or is below his rate of pay as a nonclassified or unclassified employee if it is within the grade of the class to which he is appointed;
(b) Be paid at the first step in the new grade to which he is appointed; or
(c) Receive a special adjustment to his pay pursuant to subsection 1 of NAC 284.204 or NAC 284.206.
Ê An exception to this subsection 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.
10. An employee who was previously employed in the classified service and is appointed pursuant to the provisions of subsection 9 may not be paid at a step and grade which is greater than he received at the time he left the classified service, unless he has held the unclassified or nonclassified position for more than 1 year.
11. 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.
[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)
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 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 formerly held;
(e) Reemployed and has remained continuously employed; or
(f) Demoted,
Ê retains the pay progression date he 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 retains the pay progression date held when he separated from this State for his service in the military.
4. If an employee was promoted but is being restored to his former position pursuant to the provisions of NAC 284.462, the date of appointment and 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 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 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 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 one 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 pay progression date, any adjustment to his pay progression date will be made after he 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; 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)
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 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 grade must receive a merit pay increase of one step on his 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 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 overall performance improves to standard or better. If a subsequent report on performance is not filed with the Director within the 90-day period required by subsection 4 of NRS 284.340, the employee’s performance will be deemed standard and he 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 Director or an employee of the Department of Personnel 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 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 Department of Personnel may approve an adjustment of steps within the same grade to:
(a) Allow an appointing 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 by the Department of Personnel 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 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, as determined by the appointing authority, 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 by the Department of Personnel to the Department of Personnel 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;
(4) Ensured that the adjustment will not cause inequity between current employees which would require adjustments in the steps of those employees which are not feasible on the basis of the fiscal effects of such adjustments; and
(5) 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 Department of Personnel, the effective date of such an adjustment is the date on which a request that complies with subsection 2 is received by the Department of Personnel or the personnel office of the 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 Department of Personnel 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 transfers to an area where a recruiting problem does not exist.
Ê The employee must be placed at the step he would have received if he 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)
NAC 284.206 Special adjustments to pay. (NRS 284.065, 284.155, 284.175)
1. The Department of Personnel 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 Department of Personnel. 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 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 of the Department of Administration 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 Director of the Department of Personnel 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 Director 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 the 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, performance evaluation 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 pay.
3. An employee may receive a special adjustment to pay if he 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 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 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 Department of Personnel 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 Department of Personnel 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)
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 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 normal rate of pay for each hour in which he 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 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 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 works in a unit which provides services requiring multiple shifts within a 24-hour period and he 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 regularly scheduled hours of employment on that workday.
3. If an employee is assigned to a qualifying shift when he is on paid leave or a holiday occurs, he 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 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)
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 normal rate of pay if his employer calls him back to work during his scheduled time off without having notified him before the completion of his last normal working day. For each additional hour that such an employee works after the 2 hours for which he is paid call back pay, the employee must be paid overtime at the rate of time and one-half of his normal rate of pay if he 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 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 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 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 regularly scheduled time off; and
(b) Concerning a matter which relates directly to his job,
Ê must be paid 2 hours of call back pay at the rate of time and one-half of his normal rate of pay. For each additional hour after the 2 hours for which he is paid call back pay, the employee must be paid overtime at the rate of time and one-half of his normal rate of pay if he is eligible pursuant to NRS 284.180. If he receives a witness fee as well as this compensation, he 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)
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 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 supervisor to carry a paging device, provide a telephone number where he may be notified or provide any other acceptable means for notification; and
(e) Allowed to use the time during which he is waiting for notification to work for his personal pursuits.
2. When a nonexempt employee in the classified service of the State who is on standby status begins the performance of his regular duties after receiving notice to work, he 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 returns to standby status for the remainder of the time he 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 normal rate of pay for every hour he 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 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 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 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.
2. If an employee who enters into an agreement pursuant to subsection 1 is unable to work the shift that he agreed to work, he 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 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 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 had worked his 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 agreed to work because on the date that the shift occurs he 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 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; 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)
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 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 regular employment must not be combined with the hours worked by the employee in his 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 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 compensatory time before he uses his 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 of the Department of Administration 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 the 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 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 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 works is entitled to accrue 2.1 hours of compensatory time for each hour of overtime that he works.
2. If a firefighter receives a cash payment for his accrued compensatory time, the payment must be calculated at his 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 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)
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 is in paid status during any portion of his 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 shift immediately preceding a holiday is entitled to receive holiday pay equal to the pay he receives for his 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 is in paid status during any portion of his 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 normally scheduled workday on the holiday, the amount of holiday pay must equal the amount that he would have been paid if there had not been a holiday, but may not exceed the equivalent of his 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 works in excess of the holiday pay provided in paragraph (a) and in subsection 2, not to exceed the number of hours in his established workday as set forth in his innovative workweek agreement.
(2) Part-time nonexempt employee may earn holiday pay on an hour-for-hour basis for any hours he works on a holiday, not to exceed the number of hours in his established workday.
4. If a holiday occurs on the regularly scheduled workday of a nonexempt employee and his normal schedule of work is more than 8 hours, he must be in paid status or be placed on leave without pay for any difference between his holiday pay and his 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 therefor to his 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 absence to his 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 is in paid status during his 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 is working must be paid holiday pay for the actual hours he works on the holiday. If a nonexempt employee gives notice that he is terminating his employment on a holiday and he is not scheduled to work on the holiday, the last day on which he works or is in paid status is his 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)
1. As used in this section, “holiday premium pay” means pay or compensatory time at the rate of time and one-half of 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 works on the holiday, in addition to any holiday pay that he is entitled to be paid pursuant to NAC 284.255. A nonexempt employee who elects to receive compensatory time for the hours he 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)—(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 entire shift only if 50 percent or more of his 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 actual work time and his travel time exceed his normal workday of at least 8 hours; or
(b) The travel occurs on his regularly scheduled day off.
2. Such an employee begins traveling when he leaves his workstation, or home if so authorized, and continues until he reaches his geographical location for his 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, and employee who has travel layovers or delays in his 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 spends commuting to and from work.
4. An employee who must travel and stay over to continue work on his next regularly scheduled workday is not considered to be working on his 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)
NAC 284.262 Longevity pay: Eligibility. (NRS 284.065, 284.155, 284.175) Classified and unclassified employees are eligible for longevity pay pursuant to NRS 284.177.
[Personnel Div., Rule III § M subsec. 1, eff. 8-11-73; A 9-6-74; 2-5-82]—(NAC A by Dep’t of Personnel by R147-01, eff. 1-22-2002)
NAC 284.270 Longevity pay: Required rating of performance. (NRS 284.065, 284.155, 284.175, 284.335)
1. For an employee to be eligible for longevity pay pursuant to NRS 284.177, he must receive a rating of performance of standard or better on his most recent report on performance.
2. An employee’s performance will be deemed to be standard on the date on which the report on performance was due if:
(a) The employee’s performance was not rated during the previous 12 months; or
(b) A subsequent report on performance was not filed after the employee received a substandard rating of performance pursuant to the provisions of subsection 4 of NRS 284.340.
[Personnel Div., Rule III § M subsec. 3, eff. 8-11-73; A 9-6-74; 2-5-82]—(NAC A by Dep’t of Personnel, 10-26-84; 7-22-87; 10-18-89; 11-16-95; R147-01, 1-22-2002)
NAC 284.274 Longevity pay: Dates of payment and eligibility; responsible agency. (NRS 284.065, 284.155, 284.175)
1. After 8 years of continuous service, an employee is eligible for longevity pay in semiannual payments on December 31 and June 30.
2. Except as otherwise provided in NAC 284.282, such employees who are eligible and have not been separated from state service as of these dates will receive longevity pay.
3. An agency is responsible for the payment of longevity pay due an employee if that employee is employed by the agency on the date on which the employee becomes eligible for the semiannual payment.
[Personnel Div., Rule III § M subsec. 4, eff. 8-11-73; A 9-6-74; 4-14-76; 2-5-82]—(NAC A by Dep’t of Personnel, 10-26-84; 12-17-87; 7-14-88; 7-21-89; 3-1-96; A by Personnel Comm’n by R065-98, 7-24-98, eff. 1-1-99; A by Dep’t of Personnel by R147-01, eff. 1-22-2002)
NAC 284.278 Longevity pay: Formulas for calculation. (NRS 284.065, 284.155, 284.175)
1. Except as otherwise provided in subsection 2, longevity pay for nonexempt employees must be calculated based on the following formula:
The number of hours
worked during the 6-month
qualifying period
_________________________________ X longevity increment = longevity payment for the 6-month period
Total full-time equivalent hours for the pay class designation
during the 6-month
qualifying period
2. Longevity pay for exempt classified employees and exempt unclassified employees must be calculated based on the following formula:
The number of 8-hour days
worked during the 6-month
qualifying period
_________________________________ X longevity increment = longevity payment for the 6-month period
Total full-time equivalent
8-hour days for the pay class designation during
the 6-month qualifying period
3. As used in this section, “hours worked” includes only the base hours for the pay class designation.
[Personnel Div., Rule III § M subsec. 6, eff. 9-6-74; A and renumbered as subsec. 5, 2-5-82]—(NAC A by Dep’t of Personnel, 10-26-84; 9-13-91; 3-23-94; R031-98, 4-17-98; R058-01, 9-6-2001; R147-01, 1-22-2002)
NAC 284.282 Longevity pay: Particular circumstances. (NRS 284.065, 284.155, 284.175, 284.345, 284.355, 284.3626)
1. Except as otherwise provided in NAC 284.580 for a leave of absence without pay during a fiscal emergency, an employee who is on leave without pay or catastrophic leave, or any combination of both, for the entire 6-month period of qualification is not entitled to longevity pay for that period.
2. The payment for longevity pay for a full-time employee will not be prorated pursuant to NAC 284.278 if:
(a) He is an exempt classified employee or exempt unclassified employee and he uses an amount of leave without pay or catastrophic leave, or any combination of both, that equals 30 days or less in a calendar year; or
(b) He is a nonexempt employee, the base hours established for his pay class designation are 40 hours per week or 80 hours biweekly and he uses 240 hours or less of leave without pay or catastrophic leave, or any combination of both, in a calendar year.
3. If the base hours established for a pay class designation exceed 40 hours per week or 80 hours biweekly, an employee in that pay class designation must be allotted leave without pay and catastrophic leave in proportion to his base hours and full-time equivalency. The longevity pay of such an employee will not be prorated unless his use of leave without pay and catastrophic leave proportionally exceeds the limits set forth in subsections 2 and 4.
4. A part-time employee must be allotted leave without pay and catastrophic leave in proportion to his base hours and the full-time equivalency for his pay class designation. The longevity pay of such an employee will not be prorated unless his use of leave without pay and catastrophic leave proportionally exceeds the limit set for a full-time employee in his pay class designation pursuant to subsection 2.
5. An employee who retires pursuant to the provisions of chapter 286 of NRS or who dies during the 6-month qualifying period is eligible for longevity pay according to the applicable formula in NAC 284.278.
6. An employee who is laid off and is rehired within 1 year after the date of layoff is eligible for the longevity pay he would have earned if he had not been laid off. The longevity pay must be calculated as if the employee had been on leave without pay pursuant to subsection 2.
7. A person with a permanent disability arising from a work-related injury or occupational disease who is reemployed following a separation from state service within 1 year after the date on which he sustained the permanent disability as determined pursuant to NAC 284.6013 is eligible for the longevity pay he would have earned if he had not been separated from state service. The longevity pay of such an employee must be calculated as if the employee had been on leave without pay pursuant to subsection 2.
8. An employee is eligible to earn service credit for the calculation of longevity pay when he is receiving benefits for a temporary total disability pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS and he uses accrued sick leave, accrued annual leave or accrued compensatory time to meet the difference between his normal pay and the benefits he receives. Such an employee ceases to earn service credit for the calculation of longevity pay when he is placed on a leave of absence without pay or catastrophic leave.
9. Service in a seasonal position must be credited toward the calculation of longevity pay if the employee is employed on December 31 and June 30 and if the requirements for eligibility for longevity pay have been met. If an employee in a seasonal position is not on the payroll on those two dates and he is reemployed within 12 months, the employee is entitled to receive prorated longevity pay for his service during the previous longevity period.
10. If a person is on leave of absence without pay for military service pursuant to NRS 284.359 or is reemployed within 90 days after the military service, the time during which he was not in paid status because of his military service will be counted as service credit for the calculation of longevity pay. The person is eligible for longevity pay for the time he is in paid status in accordance with the provisions of subsection 2.
11. If a nonclassified employee or an employee covered by NRS 284.022 is appointed without a break in service to the classified or unclassified service, the previous time served is counted for the purpose of calculating longevity pay, but the employee is not eligible for any retroactive longevity pay.
[Personnel Div., Rule III § M subsec. 7, eff. 9-6-74; A and renumbered as subsec. 6, 2-5-82]—(NAC A by Dep’t of Personnel, 10-26-84; 12-17-87; 7-14-88; 7-21-89; 9-13-91; 9-16-92; 11-12-93; 3-23-94; 7-1-94; 11-16-95; 3-1-96; 10-27-97; R031-98, 4-17-98; R147-01, 1-22-2002; A by Personnel Comm’n by R142-05, 12-29-2005)
NAC 284.284 Longevity pay: Return to state service. (NRS 284.065, 284.155, 284.175)
1. An employee who was eligible for longevity pay and who separated from state service before July 1, 1981, and returns to state service retains his eligibility for longevity pay.
2. For the purposes of this section, the employee will receive the same semiannual rate of payment that he received at the time of his separation from service. However, the employee may not receive any semiannual increases until he has again served the same number of years without a break in service that he had served at the time of his separation from service plus 1 year.
(Added to NAC by Dep’t of Personnel, eff. 10-26-84; A by R147-01, 1-22-2002; A by Personnel Comm’n by R038-03, 10-30-2003)
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 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 was reclassified within the 2-year period, his base rate of pay will be adjusted to the highest step within the lower grade to which he was reclassified.
3. If the employee voluntarily accepts another position within the time period prescribed in subsection 2, he may no longer retain his base rate of pay.
4. The employee is entitled to reemployment rights to his former class and option in his 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 Department of Personnel 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 Department of Personnel 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)
NAC 284.294 Reimbursement for furnishing own tools. (NRS 284.065, 284.155, 284.175)
1. An employee who is required to furnish his 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 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)
FILLING VACANCIES IN EMPLOYMENT
Recruitment
NAC 284.295 Determining type of recruitment. (NRS 284.065, 284.155, 284.295)
1. The Department of Personnel will determine the type of recruitment based on:
(a) The number of current or anticipated vacancies;
(b) The anticipated number of applicants; and
(c) The recommendations or requests of the appointing authority.
2. Except as otherwise provided in subsection 3, a recruitment must be restricted to one or a combination of these groups in the following order of priority:
(a) Applicants for promotion from within the division where the vacancy exists.
(b) Applicants for promotion from within the department where the vacancy exists.
(c) Applicants for promotion from throughout state service.
(d) Applicants for appointment from open competition.
Ê If a recruitment includes more than one promotional group, any group with a higher priority must be included and receive preference.
3. Recruitment may be open competitive, or limited to or combined with any one or more of the promotional groups listed in subsection 2 if:
(a) The appointing authority certifies in writing to the Department of Personnel that, in accordance with the provisions of NAC 284.297, it is in the best interest of the agency to expand the recruitment to allow other groups to compete equally; or
(b) The class is designated in the classification plan as:
(1) Entry level because it is not a normal progression from another class; or
(2) A class for which applicants for promotion are not normally available.
4. The provisions of this section do not prohibit the Department of Personnel or its designee from conducting a recruitment in anticipation of a vacancy.
(Added to NAC by Dep’t of Personnel, eff. 4-20-90; A by Personnel Comm’n by R183-03, 1-27-2004; R024-05, 10-31-2005)
NAC 284.297 Considerations regarding determination to expand recruitment to open competition. (NRS 284.065, 284.155, 284.295) In determining that it is in the best interest of the agency to expand a recruitment to open competition, the appointing authority shall consider:
1. The merit, fitness, efficiency, character, conduct and length of service of employees pursuant to NRS 284.295;
2. The need to provide to all citizens a fair and equal opportunity for public service;
3. The composition of the workforce in relation to the plan for affirmative action of the State of Nevada;
4. The needs of the agency in accomplishing its objectives; and
5. The possibility of any loss of federal money or other sanctions that may be imposed.
(Added to NAC by Dep’t of Personnel, eff. 4-20-90; A by Personnel Comm’n by R183-03, 1-27-2004)
NAC 284.2975 Designation of class for which applicants for promotion are not normally available. (NRS 284.065, 284.250, 284.295) For the purposes of NAC 284.295, 284.360 and 284.367, a class may be designated in the classification plan as a class for which applicants for promotion are not normally available if the class has historically had less than five applicants for promotion available from within the state service.
(Added to NAC by Personnel Comm’n by R024-05, eff. 10-31-2005)
NAC 284.301 Length of recruitment. (NRS 284.065, 284.155)
1. The Department of Personnel will, after appropriate consideration of a requesting agency’s views, determine the length of the recruitment based upon, but not limited to, the number of vacancies and the size and geographic distribution of the anticipated pool of applicants.
2. The Department of Personnel may postpone, cancel or extend any recruitment by giving appropriate notice thereof.
[Personnel Div., Rule IV § H, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 10-26-84; A by Personnel Comm’n by R183-03, 1-27-2004)—(Substituted in revision for NAC 284.326)
NAC 284.305 Continuous recruitment. (NRS 284.065, 284.155, 284.205, 284.250)
1. The Department of Personnel may conduct recruitments and administer examinations in order to provide the names of eligible persons on a continuous basis.
2. An applicant achieves eligibility for certification from the date on which he successfully completes the examination.
3. The names of eligible persons who took the same or a comparable examination on different dates will be certified on the same list.
[Personnel Div., Rule IV § I, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 10-26-84; A by Personnel Comm’n by R183-03, 1-27-2004)—(Substituted in revision for NAC 284.330)
NAC 284.309 Notice of recruitment: Publicized job announcement. (NRS 284.065, 284.155)
1. Notice of each recruitment will be given in the form of a publicized job announcement. Dissemination of the publicized job announcement may be limited to the appropriate agencies and employees when the recruitment is strictly promotional.
2. A publicized job announcement will include the title, pay or grade, recruitment period and location. The announcement may also include, or on promotional recruitments will include, information relating to:
(a) The special conditions of employment, if applicable;
(b) The duties and responsibilities of the class or position;
(c) The minimum qualifications; and
(d) The type of examination, relative weights assigned to the parts thereof and the subjects to be covered,
Ê and other related matters.
[Personnel Div., Rule IV § J, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 10-26-84; R147-01, 1-22-2002; A by Personnel Comm’n by R183-03, 1-27-2004)—(Substituted in revision for NAC 284.334)
NAC 284.313 Limitation of competition in recruitment; applications. (NRS 284.065, 284.155, 284.295)
1. Except as otherwise provided in this subsection, competition in a recruitment is limited to applicants who meet the minimum qualifications and other criteria or conditions for the class or position as specified in the publicized job announcement. The publicized job announcement may provide for the consideration of applicants who do not currently meet those minimum qualifications but who will do so by the time their names are placed on an eligible list.
2. It is the responsibility of an applicant to apply for any recruitment for which he is interested. Future vacancies may be filled from the results of appropriate prior recruitments.
3. Each applicant must submit an application as specified in the publicized job announcement. The application must be received not later than 5 p.m. on the closing date, as determined by the Department of Personnel.
4. The incomplete or improper completion of an application that affects the ability of the Department of Personnel to determine the qualifications of the applicant, including the failure to designate the locations where the applicant will work and other criteria or conditions, is cause for the rejection of the applicant.
5. If a recruitment produces a sufficient number of applicants, the Department of Personnel may, as an additional phase of the process of examination, approve the obtaining of supplemental information from each applicant to assess his qualifications if the publicized job announcement includes notice that such supplemental information may be required. Only those applicants who are considered the most qualified, based on this assessment, may continue in the competition.
6. Except as otherwise provided in subsection 8, competition in a promotional recruitment is limited to current state employees who:
(a) Have served at least 6 months of continuous full-time equivalent service in a probationary, special disabled, emergency, provisional or permanent status, or any combination of these, in the classified service.
(b) Are working in the division, department or state service which is specified in the publicized job announcement.
7. An employee who competes in a promotional recruitment may be at a higher grade, the same grade or a lower grade than the grade of the class for which the recruitment is being conducted. Depending on the grade of the employee, an appointment resulting from a promotional recruitment may be a voluntary demotion, a lateral transfer or a promotion.
8. A former incumbent of a seasonal position who was separated from state service with the status of a permanent employee may apply for a promotional recruitment up to 1 year after the day of separation even though he is not currently employed. The prior appointment must have been in the division, department or state service which is specified in the publicized job announcement.
9. Applications and accompanying documents are the property of the Department of Personnel.
[Personnel Div., Rule IV § F, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 10-26-84; 7-14-88; 8-1-91; 7-6-92; A by Personnel Comm’n by R183-03, 1-27-2004; R144-05, 12-29-2005)
NAC 284.317 Investigations of applicants; minimum age requirement. (NRS 284.065, 284.155, 284.295)
1. To determine whether an applicant meets the minimum qualifications established for the class or position and other necessary criteria, the Department of Personnel may require evidence of United States citizenship, alien status, discharge under honorable circumstances from the Armed Forces of the United States, possession of valid licenses for various purposes, educational transcripts or other evidence of identification and qualification. Except as otherwise provided in NAC 284.325 with respect to a request for a veteran’s preference, any required information which is not received by the time of certification will be cause for the Director to decline to certify the applicant.
2. A reasonable minimum age requirement may be established for any position that involves public safety, supervision or care of wards of the State of Nevada, hazardous working conditions or other unusual circumstances. If such a minimum age requirement is established, it must be specified in the approved class specification or the publicized job announcement and an applicant shall, upon request, submit appropriate proof of age to the Department of Personnel.
3. The Department of Personnel or employing agency may investigate an applicant’s character, past employment, education, experience and, as allowed by specific statute, criminal background.
[Personnel Div., Rule IV part § A, eff. 8-11-73; Rule IV § B, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 10-26-84; 7-6-92; A by Personnel Comm’n by R183-03, 1-27-2004)—(Substituted in revision for NAC 284.302)
NAC 284.321 Convictions: Disclosure; factors for consideration. (NRS 284.065, 284.155, 284.295)
1. Any applicant who has a record of a criminal conviction as an adult shall so indicate on his application. The application must be accompanied by a complete explanation of the conviction. The failure of the applicant to authorize the release of the information which relates to the conviction of a crime is cause for rejection of the applicant.
2. Any applicant who has a record of conviction for any moving traffic violations within the previous 5 years shall so indicate on his application, including the dates and nature of the violations and the fines imposed.
3. The Department of Personnel or its designated representative, in determining whether to accept or refuse the application for a class, position or state service, will consider the type of position, the relevant statutory provisions, the intervening amount of time since the offense, the applicant’s age at the time of the offense and, if applicable, the applicant’s conduct during incarceration and any parole or probation, the reports from parole or probation officers concerning the applicant’s record of employment while on parole or probation and related factors.
4. All relevant public records must be made available to the appointing authority upon its request.
[Personnel Div., Rule IV § E, eff. 8-11-73; A 6-9-74]—(NAC A by Dep’t of Personnel, 10-26-84; 5-27-86)—(Substituted in revision for NAC 284.314)
NAC 284.325 Preferences for veterans. (NRS 284.065, 284.155, 284.205, 284.250) An applicant must declare his intention to request veterans’ preference points pursuant to NRS 284.260 before the examination. Proof of eligibility for preference as a veteran must be submitted no later than the last day on which the applicant takes the last phase of the ranking portion of the examination. If the examination is a promotional examination, the placement of the employee’s name on the promotional list exhausts the veterans’ preference points for that employee for all future promotional examinations.
[Personnel Div., Rule IV § L, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 10-26-84; A by Personnel Comm’n by R183-03, 1-27-2004)—(Substituted in revision for NAC 284.342)
Examinations
NAC 284.329 Competitive examinations: Use and administration. (NRS 284.065, 284.155, 284.205, 284.384)
1. Except as otherwise provided in this chapter and chapter 284 of NRS, an appointment to or within the classified service must be made through the use of competitive examinations.
2. Examinations may be:
(a) Structured or unstructured;
(b) Scored or unscored;
(c) Written or oral;
(d) In the form of a demonstration of skill or technical knowledge;
(e) An evaluation of training and experience; or
(f) Any combination of paragraphs (a) to (e), inclusive.
3. Examinations which measure an applicant’s capacity, manual skill and physical fitness may be used if such capacity, skill or fitness is related to the job.
4. Examination materials, including questions and scratch paper, are the property of the Department of Personnel.
5. The administration of an examination may be modified for the purpose of more fairly testing the abilities of a qualified person with a disability if the modification does not alter the reliability and validity of the examination.
6. If a grievance is filed concerning an examination in accordance with NAC 284.658 to 284.6957, inclusive, the Director will not fill any vacancy from the list established by the examination unless the Director determines that there is an urgent and compelling need to fill that vacancy.
[Personnel Div., Rule IV part § A, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 10-26-84; 11-12-93; A by Personnel Comm’n by R183-03, 1-27-2004)—(Substituted in revision for NAC 284.298)
NAC 284.333 Centers for assessment: Selection and training of assessors; administration of examinations. (NRS 284.065, 284.155, 284.205, 284.210)
1. Assessors of a center for assessment must be selected:
(a) From at least two different departments; or
(b) From a combination of departments or other public or private employers.
2. Each assessor must be trained in the method of examination used by the center for assessment before he examines an applicant.
3. Oral, written and performance exercises administered by a center for assessment must:
(a) Be administered under standardized conditions;
(b) Be related to the performance of the job;
(c) Be evaluated by more than one assessor; and
(d) Measure the skills, knowledge and other attributes of a person which are important to his successful performance of the job.
(Added to NAC by Dep’t of Personnel, eff. 11-12-93; A by Personnel Comm’n by R183-03, 1-27-2004)—(Substituted in revision for NAC 284.300)
NAC 284.338 Minimum passing scores; computation of final scores. (NRS 284.065, 284.155, 284.205, 284.250)
1. The passing score for placement on an eligible list will be determined by the Department of Personnel based on a consideration of the difficulty of the test, the quality of the competition and the needs of the service.
2. The final earned score will be determined by computing the score on each phase of the examination according to the relative weights which are assigned.
3. Unless otherwise specified in the publicized job announcement, a competitor must pass each phase of the examination to proceed to the next phase of the examination. Each competitor must obtain a final passing score exclusive of preferences for residents or veterans.
[Personnel Div., Rule IV § K, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 10-26-84; A by Personnel Comm’n by R183-03, 1-27-2004)
NAC 284.341 Review of examinations; disputes regarding results. (NRS 284.065, 284.155, 284.205, 284.384)
1. Except as otherwise provided in this section, within 10 working days after the date of the postmark on a notification of a grade pertaining to an examination, a candidate or a representative to whom the candidate has provided written authorization may review the results of the candidate’s examination as follows:
(a) If the examination was written, the Department of Personnel will review with the candidate or his representative the cover sheet of the examination taken by the candidate which lists both the areas of subject matter included in the written examination and the number of correct and incorrect responses in those areas.
(b) If the examination was a rating of training and experience, the Department of Personnel will review with the candidate or his representative the scores received on each phase of the rating plan.
(c) If the examination was oral, the Department of Personnel will review with the candidate or his representative the taped record of the candidate’s oral examination. The candidate or his representative may also review general areas of the oral examination in which he gave incorrect answers, the oral questions and the procedures or methods of examination.
(d) If the examination was conducted by a center for assessment, the Department of Personnel will review with the candidate or his representative the final scores or the summary evaluation, or both.
2. Items which are reviewed by the Department of Personnel and found to be incorrect must be revised or eliminated.
3. A candidate or his representative may not review the correct answers to questions answered incorrectly on an examination, regardless of its type, if the examination is copyrighted, standardized, on loan from another jurisdiction, used for more than one class or used on a continuous basis.
4. In the case of an oral examination, answers suggested as a guideline and board members’ remarks and consensus ratings are confidential and may not be reviewed by the applicant or his representative.
5. In the case of an examination conducted by a center for assessment, oral, written and performance exercises, assessors’ remarks and individual ratings are confidential and may not be reviewed by the applicant or his representative.
6. If the candidate disagrees with and wishes to dispute the results of his examination, he must submit a written request for review by the Department of Personnel within 10 working days after receiving the results. Such a request must include the specific areas of dispute. If a candidate is not satisfied with the decision of the Department of Personnel and he is a permanent state employee, he may file a statement of grievance pursuant to NAC 284.678 to appeal that decision to the Committee.
[Personnel Div., Rule IV § N, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 8-26-83; 10-26-84; 8-28-85; 9-30-88; 11-12-93; A by Personnel Comm’n by R183-03, 1-27-2004)—(Substituted in revision for NAC 284.346)
NAC 284.345 Correction of errors in rating, scoring or computing results. (NRS 284.065, 284.155, 284.205, 284.250)
1. If the Department of Personnel finds that any error occurred in rating, scoring or computing the results of an examination, the Department will make the appropriate correction on the eligible list.
2. If the Director or the Committee determines that the error was intentional, an appointment previously made from the eligible list may be invalidated.
[Personnel Div., Rule IV § O, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 10-26-84; A by Personnel Comm’n by R183-03, 1-27-2004)—(Substituted in revision for NAC 284.350)
NAC 284.349 Retaking examination for same class. (NRS 284.065, 284.155, 284.205)
1. An applicant may retake an examination for the same class after 60 days have elapsed from the date of the previous examination if:
(a) The Department of Personnel is recruiting for the class which was the subject of the previous examination; and
(b) The applicant meets the conditions of the recruitment.
2. An applicant may retake an examination for the same class before 60 days have elapsed from the date of the previous examination if the Department of Personnel is recruiting for the class which was the subject of the previous examination, the applicant meets the conditions of the recruitment and:
(a) The applicant has demonstrated that he has gained additional qualifications which indicate that he may be able to improve his score on the training and experience portion of the examination; or
(b) The examination is a measure of the applicant’s manual skill or physical agility.
3. When an applicant retakes an examination for the same class, the score of the most recent examination will determine eligibility and will replace the score of the previous examination.
(Added to NAC by Dep’t of Personnel, eff. 10-26-84; A 11-16-95; A by Personnel Comm’n by R183-03, 1-27-2004)—(Substituted in revision for NAC 284.340)
NAC 284.353 Allocation of time used by employees for examinations and interviews. (NRS 284.065, 284.155, 284.345)
1. Upon giving reasonable notice to his immediate supervisor, a qualified employee must be permitted to take an appropriate amount of released time to participate in any examination given by the Department of Personnel or its designated representative during work hours. Such time is equivalent to time which is worked.
2. The time spent participating in an examination which exceeds the normal workday or workweek does not qualify for overtime.
3. For the purpose of this section, an employment interview for a position in the classified service, unclassified service or nonclassified service of the State of Nevada is considered to be part of the examination process.
[Personnel Div., Rule IV § G, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 10-26-84; A by Personnel Comm’n by R183-03, 1-27-2004)—(Substituted in revision for NAC 284.322)
Lists of Eligible Persons
NAC 284.358 Types of lists and priority for use. (NRS 284.065, 284.155, 284.250, 284.327)
1. The types of lists of eligible persons and the priority for their use are as follows:
(a) Reemployment lists.
(b) Lists of persons with disabilities who are eligible for temporary limited appointments pursuant to NRS 284.327, at the option of the appointing authority.
(c) Transfer lists, at the option of the appointing authority.
(d) Divisional promotional lists.
(e) Departmental promotional lists.
(f) Statewide promotional lists.
(g) Lists of persons determined to be eligible from open competitive recruitments.
(h) Lists of eligible persons of comparable classes.
2. The names on each list must be used as prescribed in NAC 284.361.
3. The open and promotional lists referred to in paragraphs (d) to (h), inclusive, of subsection 1 must be:
(a) Based on the type of recruitment prescribed by the Department of Personnel; and
(b) Described in the publicized job announcement.
Ê The establishment of any other type of list from the initial recruitment must be in accordance with NAC 284.367.
[Personnel Div., Rule V § A, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 4-20-90; 7-6-92; A by Personnel Comm’n by R183-03, 1-27-2004)
NAC 284.360 Reemployment lists; certification or waiver of lists. (NRS 284.065, 284.155, 284.250)
1. Upon receipt of the appropriate form from an appointing authority for a list of eligible candidates in a specific class, the Department of Personnel will verify the availability of a reemployment list for that class. If a reemployment list is available, the Department of Personnel will provide the reemployment list to the appointing authority. Eligible persons who appear on reemployment lists are ranked in order of seniority. Except as otherwise provided in subsection 2 of NAC 284.6017, placement on a reemployment list will be determined using the criteria governing the determination of seniority for layoff pursuant to NAC 284.632.
2. If there is no reemployment list available, the Department of Personnel will, in accordance with subsections 3 and 4, certify the names of eligible persons on ranked or unranked lists, or waive the list.
3. The names of eligible persons on ranked lists will appear in the order of the total rating which they earned in the examination, including preferences for veterans and residents.
4. The Department of Personnel may certify a list of eligible applicants who are not ranked, or may waive the list, for:
(a) A class that is grade 20 or below;
(b) A class designated in the classification plan as entry level; or
(c) A class designated in the classification plan as a class for which applicants for promotion are not normally available.
5. Eligible persons who have requested a transfer and persons with disabilities who are eligible for temporary limited appointments pursuant to NAC 284.364 will be certified on the same list as other eligible persons and may be considered at the option of the appointing authority.
6. Only an eligible person who has indicated his willingness to accept the location of the vacancy and the other conditions of employment will be certified.
(Added to NAC by Dep’t of Personnel, eff. 10-26-84; A by Personnel Comm’n by R183-03, 1-27-2004; R024-05, 10-31-2005)
NAC 284.361 Use of lists and consideration of eligible persons. (NRS 284.065, 284.155, 284.250) When using lists of persons who are eligible and considering eligible persons who have been certified, the following conditions apply:
1. When a reemployment list is certified:
(a) Eligible persons who are available for appointment and who are certified on reemployment lists, other than seasonal reemployment lists, must be hired in the order in which they appear unless the appointing authority, upon submitting written justification, obtains the written concurrence of the Governor to deviate from the order of priority or to hire from another list. The appointing authority must make the written justification available for examination by affected persons or their designated representatives.
(b) A person must accept or refuse an offer of reemployment:
(1) If the offer of reemployment is sent by mail to the person, within 6 calendar days after the postmarked date appearing on the envelope in which the offer was mailed; or
(2) If the offer is an oral offer of reemployment, within 3 business days after the oral offer has been made.
2. The appointing authority may request selective certification for a particular position if the normal method of certification does not provide candidates qualified to perform the duties of the position satisfactorily. Where selective certification is necessary, the appointing authority shall furnish in writing the special requirements peculiar to the position and his reasons therefor. If the facts and reasons justify such a method of selection, the Department of Personnel may certify the highest ranking eligible persons who possess the special qualifications.
3. Certification of only eligible persons who are the same sex will not be made unless there is clear evidence that the duties assigned could be performed efficiently only by the sex specified.
4. When using ranked lists other than those for reemployment, the appointing authority shall attempt to communicate, as provided in NAC 284.373, with persons in the first five ranks to determine their availability and qualifications. The names on each type of list must be considered before names from the next succeeding list. If there are fewer than five ranks with persons who are available for appointment on a given list and the appointing authority requests a full complement of five ranks, the name or names at the top of the next succeeding list must be combined with those on the preceding list to establish five eligible ranks with persons who are available for appointment. Except as otherwise provided in subsection 6, all competitive appointments from ranked lists must be made from the persons who:
(a) Are in a rank of persons who received the five highest scores on the examination; and
(b) Are available for appointment.
5. If the list is unranked or waived, the appointing authority shall attempt to communicate, as provided in NAC 284.373, with at least five eligible persons he deems most qualified based upon a review of their respective qualifications as they relate to the position or class, or with all of the eligible persons if there are five or less. Except as otherwise provided in subsection 1, any eligible person who is certified from an unranked or waived list may be appointed.
6. If persons from fewer than five ranks of eligible persons are willing to accept appointment:
(a) The appointing authority may make an appointment from among those remaining available eligible persons.
(b) Certification and appointment may be made from other appropriate lists, including lists of higher grades as determined by the Department of Personnel. The names from other lists will follow those which have been certified, if any, from the original lists.
(c) A new recruitment may be conducted.
(d) A provisional appointment may be made only if the requirements of NAC 284.406 are met.
[Personnel Div., Rule V § F, eff. 8-11-73; A 2-5-82]—(NAC A by Dep’t of Personnel, 10-26-84; 7-21-89; 11-16-95; 11-16-95; R082-00, 8-2-2000; A by Personnel Comm’n by R069-02, 8-14-2002; R183-03, 1-27-2004)—(Substituted in revision for NAC 284.378)
NAC 284.364 Lists of persons with disabilities who are eligible for temporary limited appointments. (NRS 284.065, 284.155, 284.250, 284.327)
1. Pursuant to NRS 284.327, the Rehabilitation Division of the Department of Employment, Training and Rehabilitation may provide to the Department of Personnel the names of persons with disabilities certified by the Rehabilitation Division who are eligible for temporary limited appointments of 700 hours’ duration. Upon receipt from the Rehabilitation Division of the job applications and job recommendations, the Department of Personnel will evaluate the information against the job requirements and minimum qualifications of the recommended classes. Through noncompetitive means, the names of qualified persons will be placed in a 700-hour category on the eligible list and certified to the requesting agency for consideration.
2. A current probationary or permanent state employee who occupies a permanent full-time position is not eligible for the provisions of this section unless his disability jeopardizes his continued employment in his present position and placement on the list does not merely circumvent the provisions of this chapter governing promotion or transfer.
(Added to NAC by Dep’t of Personnel, eff. 10-26-84; A 12-26-91; 7-6-92; R098-99, 9-27-99; A by Personnel Comm’n by R183-03, 1-27-2004)
NAC 284.367 Promotional lists: Use; order of names. (NRS 284.065, 284.155, 284.250)
1. If a promotional list of eligible persons is used to fill a vacancy after the initial recruitment:
(a) The recruitment which created the list must have been open to employees of the appointing authority which requests the list; and
(b) The order of names must be changed to reflect the priority prescribed by NAC 284.358.
2. Certification may be made from the names highest on the list after promotional or promotional and open lists for the class are combined if either of the following occurs:
(a) The appointing authority certifies in writing to the Department of Personnel that, in accordance with the provisions of NAC 284.297, it is in the best interest of the agency to expand the certification to allow eligible persons from other groups to be considered on the basis of merit.
(b) One or more promotional lists exist for a class which otherwise qualifies for open competition because the class is designated in the classification plan as entry level or as a class which normally has a lack of promotional candidates.
Ê If lists are combined, the names on the list must be in order of merit.
3. At the request of an appointing authority, one or more promotional lists must be established from an existing open competitive list and certified for a vacancy.
4. A list of eligible persons established from a recruitment in which the order of priority was changed must not be certified in that order for a new vacancy unless the appointing authority complies with the provisions of paragraph (a) of subsection 2. These names will be used to establish one or more lists as may be appropriate.
(Added to NAC by Dep’t of Personnel, eff. 6-18-86; A 4-20-90; A by Personnel Comm’n by R024-05, 10-31-2005)
NAC 284.370 Integration of subsequent lists; material changes. (NRS 284.065, 284.155, 284.205, 284.250)
1. The names of eligible persons on current lists may be integrated onto subsequent lists for the same class if there has been no material change in the qualification requirements. If the list is a ranked list, the names of eligible persons will be integrated according to the final scores of those eligible persons.
2. If a material change occurs, eligible persons from other current lists for the same class may be offered the choice of retaking the examination or integrating their previous score, but only if they also meet any new qualification requirements. The decision to retake the examination cannot be reversed once any phase of the new examination has been taken. The results of the most recent examination will prevail.
3. As used in this section, “material change” includes, without limitation, a change in the minimum qualifications for the class or the subject matter, scope or weights of various phases of the examination.
[Personnel Div., Rule V § D, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 10-26-84; R082-00, 8-2-2000; A by Personnel Comm’n by R183-03, 1-27-2004)
NAC 284.371 Correction of errors in certification. (NRS 284.065, 284.155, 284.250) If the Department of Personnel finds that an error occurred which resulted in a failure to properly certify a name to an agency, the Department will take appropriate action to correct the error. The correction will not invalidate any appointment which was previously made from the certification unless the Director or Commission determines, pursuant to subsection 2 of NAC 284.345, that the appointment should be invalidated because the error was intentional.
(Added to NAC by Dep’t of Personnel, eff. 10-26-84; A by Personnel Comm’n by R183-03, 1-27-2004)—(Substituted in revision for NAC 284.380)
NAC 284.373 Inquiry of availability of eligible person. (NRS 284.065, 284.155, 284.250)
1. While an eligible person may be contacted to determine his availability, no attempt may be made to obtain a waiver in order to alter the ranking of any person on the list.
2. An eligible person must respond to an inquiry of availability within:
(a) Six days after an inquiry by mail has been postmarked;
(b) Three days after an inquiry by electronic mail has been sent;
(c) Twenty-four hours after a written inquiry is hand-delivered;
(d) Twenty-four hours after an oral inquiry has been made if the oral inquiry was made during a conversation with the eligible person; or
(e) If an oral inquiry by telephone was attempted and a voicemail or other similar kind of electronic message was left, 3 days after that message was left.
3. An exception to a time limit may be granted by the originating agency.
[Personnel Div., Rule V § G, eff. 8-11-73; A 4-4-78]—(NAC A by Dep’t of Personnel, 10-26-84; A by Personnel Comm’n by R183-03, 1-27-2004)—(Substituted in revision for NAC 284.382)
NAC 284.374 Active lists: Removal and reactivation of names; refusal to consider certain persons. (NRS 284.065, 284.155, 284.250, 284.295)
1. The names of eligible persons will be removed from the active lists for any of the following causes:
(a) Appointment after certification to fill a full-time permanent position in the class for which the examination was given.
(b) Expiration of the term of eligibility.
(c) Separation of a person who is eligible for promotion from the state service.
(d) Failure by an eligible person to respond within the required time to an inquiry of availability.
(e) A statement by the eligible person that he is not willing to accept any type of appointment from the eligible list.
(f) Any of the causes listed in NRS 284.240 pursuant to which the Director may refuse to examine or certify an eligible person, failure to disclose convictions as required by NAC 284.321 or, if the employee has been laid off, reemployment pursuant to subsection 7 of NAC 284.630.
2. An appointing authority need not consider an eligible person more than three times from a recruitment. Consideration of an applicant for other than full-time permanent positions must not be counted for the purposes of this subsection.
3. An appointing authority need not consider an otherwise eligible person who cannot perform the essential functions of the position with or without reasonable accommodation.
4. An appointing authority may refuse to consider an eligible person who has been subject to a suspension, demotion or termination as a result of an upheld or uncontested disciplinary action in the preceding 12 months. The 12-month period begins on the effective date of the uncontested action or, if it is contested, on the date the hearing officer issues his final decision upholding a suspension, demotion or termination. If an employee is removed from consideration pursuant to this subsection, the appointing authority must notify the employee of that fact in writing before interviewing the next candidate or making its selection. The employee has 3 working days after being notified that he has been removed from consideration pursuant to this subsection to notify the appointing authority of any discrepancy in the information in his personnel file which led to the removal of the employee from consideration. The appointing authority may not make its selection:
(a) If the employee does not notify the appointing authority of a discrepancy, until after the end of the period pursuant to which the employee may notify the appointing authority of a discrepancy; or
(b) If the employee notifies the appointing authority of a discrepancy, until after the appointing authority determines whether the removal of the employee from consideration pursuant to this subsection was appropriate.
5. An appointing authority shall refuse to consider an eligible person whose appointment to a position will violate NRS 281.210, NAC 284.375 or a policy approved by the Commission pursuant to NAC 284.375.
6. An eligible person whose name has been removed from an active list may request that his name be reactivated by stating his reasons for the request. If the Department of Personnel determines that the reasons are justified, and the person’s term of eligibility has not otherwise expired, his name may be reactivated.
[Personnel Div., Rule V § E, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 10-26-84; 7-21-89; 12-26-91; 7-1-94; 8-16-96, eff. 10-1-96; A by Personnel Comm’n by R069-02, 8-14-2002; R182-03, 1-27-2004; R143-05 & R144-05, 12-29-2005)
Appointments
NAC 284.375 Appointing authority prohibited from appointing related persons under certain circumstances; exceptions. (NRS 284.065, 284.155)
1. Except as otherwise provided in subsection 2 and NRS 281.210, an appointing authority shall not appoint a person to a position in the classified service on or after:
(a) October 1, 1996, if, upon his appointment, the person will be in the direct line of authority of:
(1) A spouse, child, parent or sibling of the person;
(2) The spouse of a child, parent or sibling of the person; or
(3) An aunt, uncle, niece, nephew, grandparent, grandchild or first cousin of the person.
(b) September 6, 2001, if, upon his appointment, the person will be in the direct line of authority of a person with whom he is in a dating relationship.
2. An appointing authority may adopt a written policy authorizing the appointment of persons to a position or class of positions that would otherwise be prohibited by the provisions of subsection 1 if the appointing authority determines that, for the positions for which the policy applies, the enforcement of the provisions of subsection 1 will be impracticable and cause an undue hardship to the appointing authority. In making this determination, the appointing authority may consider, among other factors, the difficulty in recruiting applicants for the positions for which the policy applies.
3. A written policy adopted pursuant to subsection 2:
(a) Must comply with the provisions of NRS 281.210; and
(b) Is effective upon approval by the Commission.
(Added to NAC by Dep’t of Personnel, 8-16-96, eff. 10-1-96; A by R058-01, 9-6-2001; A by Personnel Comm’n by R183-03, 1-27-2004)
NAC 284.377 Persons who become related after appointment: Appointing authority required to take corrective action; notification of appointing authority required. (NRS 284.155)
1. Except for relationships allowed pursuant to NRS 281.210 and NAC 284.375, if a supervisor and an employee who is in the direct line of authority of the supervisor become related or involved in a dating relationship after the supervisor and employee have been appointed to their respective positions, the appointing authority shall ensure that, as soon as practicable, the employees do not continue to hold positions in which one of the employees is in the direct line of authority of the other employee.
2. A supervisor who becomes related to, or involved in a dating relationship with, an employee in the direct line of authority of the supervisor shall notify the appointing authority within 10 working days after the supervisor and employee become related or involved in the dating relationship.
3. Upon receiving notification of a relationship from a supervisor pursuant to subsection 2, the appointing authority shall request from each of the employees involved a recommendation for action to be taken to ensure that the employees do not continue to hold positions in which one of the employees is in the direct line of authority of the other employee.
4. In determining the manner in which to comply with the provisions of subsection 1, the appointing authority is not required to accept a recommendation for action to be taken submitted pursuant to this section.
(Added to NAC by Dep’t of Personnel, 8-16-96, eff. 10-1-96; A by R058-01, 9-6-2001)
NAC 284.386 Reinstatement of former permanent employee. (NRS 284.065, 284.155, 284.305)
1. Except as otherwise provided in subsection 2, an appointing authority may reinstate a former permanent employee within a 2-year period following his termination from state employment if the employee was separated without prejudice. A separation without prejudice must be determined by the appointing authority using the standards contained in NRS 284.240.
2. If an employee is laid off and is entitled to have his name appear on a reemployment list pursuant to NAC 284.630, the appointing authority may reinstate the employee within 2 years after the date on which his right to reemployment expires.
3. The grade of the class to which a person is reinstated may only exceed the current grade of the class he formerly held or a comparable class if that class has been reallocated.
4. Except as otherwise provided in subsection 3, a person may not be reinstated to underfill a position allocated at grade 30 or higher if that position is allocated at a higher grade than the position the person formerly held.
5. A reinstatement to a similar class requires the approval by the Department of Personnel before the appointing authority may make a commitment to reinstate.
6. It is the responsibility of a person seeking reinstatement to make his interest known by providing a new application to the appointing authority.
7. The person must meet the current minimum qualifications for the class for which the reinstatement is sought.
[Personnel Div., Rule VI § C, eff. 8-11-73; A 10-10-76]—(NAC A by Dep’t of Personnel, 8-26-83; 10-26-84; 10-18-89; 11-12-93; 10-27-97; A by Personnel Comm’n by R183-03, 1-27-2004)
NAC 284.390 Transfers initiated by employees. (NRS 284.065, 284.155, 284.375)
1. An employee may request a transfer from a position under the jurisdiction of one appointing authority to a position under the jurisdiction of another appointing authority if the positions are in the same class or a comparable class.
2. An employee who wishes a transfer to a position in the same class must:
(a) Make his interest known to the hiring agency; or
(b) Submit a request for a transfer to the Department of Personnel to have his name placed on a transfer list for a position in the same class.
3. For a transfer to a position in a comparable class:
(a) The employee must submit an application to the hiring agency; and
(b) The Department of Personnel must approve the request for a transfer.
4. An employee may not transfer through noncompetitive means to underfill a position allocated at grade 30 or higher if that position is allocated at a higher grade than the position the employee currently occupies.
[Personnel Div., Rule VI § D subsecs. 1-4, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 8-26-83; 10-26-84; 6-18-86; 7-21-89; 8-1-91; 10-27-97; A by Personnel Comm’n by R183-03, 1-27-2004)
NAC 284.394 Transfers initiated by appointing authorities. (NRS 284.065, 284.155, 284.375)
1. Except as otherwise provided in subsection 2, an appointing authority may, after giving 5 working days’ notice, transfer for the convenience of this State any employee to another position in:
(a) The same class; or
(b) A comparable class with the approval of the Department of Personnel.
2. The notice required by subsection 1 need not be given if the transfer does not exceed 10 working days. If a bona fide or justifiable emergency exists, a transfer may be made immediately with the prior approval of the Department of Personnel.
3. A transfer pursuant to this section must not be made to harass or discipline an employee.
4. A permanent employee who is required to transfer to a different geographical location and who declines the transfer has the same rights provided in NAC 284.630 as an employee who is laid off.
5. If an employee requests a hearing to appeal an involuntary transfer pursuant to NRS 284.376, the appointing authority may temporarily assign the employee, on a per diem basis, to transfer pending disposition of the appeal. The employee may request leave pursuant to NAC 284.589 to prepare for the hearing relating to the involuntary transfer.
6. As used in this section, “geographical location” has the meaning ascribed to it in NAC 284.612.
[Personnel Div., Rule VI § D subsec. 5, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 10-18-89; A by Personnel Comm’n by R183-03, 1-27-2004)
NAC 284.398 Transfers to classified service; certain transfers to unclassified service. (NRS 284.065, 284.155, 284.375)
1. An unclassified employee who has less than 4 months of service and whose appointment was immediately preceded by an appointment in the classified service in which the person was a permanent employee may transfer back into the classified service under the same conditions and with the same benefits as classified employees, except that the duties and compensation of the position to which the person is transferred must be similar, as determined by the Department of Personnel, to either the unclassified position or to a previously held classified position.
2. Employees of any governmental agency which is acquired for administration by the State pursuant to NRS 284.022 may transfer into the classified service or unclassified service with the rights and benefits authorized by the Legislature.
3. An employee who transfers into the classified service:
(a) Must complete an application and meet the minimum qualifications for the class of the position to which he is transferring;
(b) Must have his date of transfer and appointment to the classified position effective immediately following the last day of employment in the unclassified or nonclassified position unless he was employed as a legislative employee at the conclusion of a regular session of the Legislature to whom subsection 6 of NRS 284.3775 applies; and
(c) May retain the credits which he has earned for annual and sick leave and longevity.
[Personnel Div., Rule VI § D subsec. 6, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 10-26-84; 7-14-88; 1-22-90; 8-1-91; 3-23-94; R146-01, 1-18-2002; A by Personnel Comm’n by R183-03, 1-27-2004)
NAC 284.400 Acceptance of new appointment: Notice to current appointing authority. (NRS 284.065, 284.155) An employee who accepts an appointment to a position under the jurisdiction of another appointing authority shall provide not less than 2 weeks’ written notice to his current appointing authority before beginning service in the new position, unless the employee and both appointing authorities mutually agree to a shorter period of notice.
(Added to NAC by Dep’t of Personnel, eff. 11-16-95; A by Personnel Comm’n by R183-03, 1-27-2004)
NAC 284.402 Voluntary demotions. (NRS 284.065, 284.155, 284.305)
1. Except as otherwise provided in this section, an employee may request or accept a demotion to a position in a class with a lower grade. The demotion may be permitted if the employee meets the minimum qualifications and if the appointing authority approves.
2. An employee may not be demoted through noncompetitive means to underfill a position at grade 30 or higher if the position for which the employee is requesting or accepting a demotion is allocated at a higher grade than the position the employee currently occupies.
[Personnel Div., Rule VI § E, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 10-26-84; 10-27-97; A by Personnel Comm’n by R183-03, 1-27-2004)
NAC 284.404 Reappointments. (NRS 284.065, 284.155, 284.305)
1. A current employee may be reappointed to a class he formerly held or to a comparable class if:
(a) The employee meets the current minimum qualifications and the appointing authority approves the reappointment; and
(b) For a reappointment to a comparable class, the Department of Personnel approves the reappointment.
2. An employee who desires reappointment must make his interest known to the hiring agency.
3. The grade of the class to which an employee is reappointed may only exceed the grade of the class he formerly held or a comparable class if the former or comparable class has been reallocated.
4. Except as otherwise provided in subsection 3, an employee may not be reappointed to underfill a position at grade 30 or higher if that position is allocated at a higher grade than the position the employee formerly held.
(Added to NAC by Dep’t of Personnel, eff. 10-26-84; A 8-1-91; 10-27-97; A by Personnel Comm’n by R183-03, 1-27-2004)
NAC 284.406 Provisional appointments. (NRS 284.065, 284.155)
1. An appointing authority may make a provisional appointment pursuant to NRS 284.310 if there are fewer than five ranks of eligible persons available for appointment to the position.
2. The Department of Personnel will begin the recruitment within 30 days after the effective date of the provisional appointment.
3. A provisional appointment may not continue for longer than 30 days after a list of five or more ranks of eligible persons who are available for appointment has been certified.
[Personnel Div., Rule VI § G, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 10-26-84; 11-16-95; A by Personnel Comm’n by R183-03, 1-27-2004)
NAC 284.410 Emergency appointments. (NRS 284.065, 284.155)
1. In the case of an emergency, an appointing authority may make an appointment pursuant to NRS 284.315.
2. For the purposes of this section, an emergency exists when the appointment is necessary to prevent the stoppage of public business, loss of life, or extensive damage to persons or property.
[Personnel Div., Rule VI § H, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 10-26-84; A by Personnel Comm’n by R183-03, 1-27-2004)
NAC 284.414 Temporary appointments. (NRS 284.065, 284.155, 284.175, 284.325, 284.345)
1. A temporary appointment must not exceed 6 months in any 12-month period unless the appointment is authorized:
(a) As a replacement for an employee who is:
(1) Receiving benefits for temporary total disability pursuant to chapters 616A to 616D, inclusive, or 617 of NRS; or
(2) On a leave of absence for active military service pursuant to NRS 281.145.
(b) To allow an employee to perform duties below the journey level while he is studying or training for advancement to an entry level professional class.
Ê The appointing authority shall indicate the probable duration of employment on its request for certification. Upon receipt of this request, the Department of Personnel will certify the names of eligible persons from the appropriate eligible list who have noted that they will accept employment for the duration of the employment indicated.
2. Service under a temporary appointment immediately preceding appointment to a permanent position must be credited towards annual leave and merit pay increases. Sick leave may be earned for each month of service pursuant to NRS 284.355.
3. A special temporary appointment to a position within the Nevada System of Higher Education may not be used to fill regularly budgeted positions. Such appointments may be made without regard to the rules on certification or appointment and may be made on forms and under procedures prescribed by the Nevada System of Higher Education and approved by the Department of Personnel. Time served under a special temporary appointment pursuant to this subsection may be credited towards annual leave, sick leave or merit pay increases if the temporary appointment is immediately followed by a probationary or a permanent appointment.
[Personnel Div., Rule VI § I, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 7-22-87; 7-21-89; R147-01, 1-22-2002; A by Personnel Comm’n by R096-03, 10-30-2003)
NAC 284.416 Temporary limited appointment of persons with disabilities. (NRS 284.065, 284.155, 284.327) The status of the appointment of an employee appointed pursuant to NRS 284.327 is that of special disabled.
(Added to NAC by Dep’t of Personnel, eff. 10-26-84; A 7-6-92)
NAC 284.425 Positions created by temporary projects. (NRS 284.065, 284.155)
1. An employee hired for a project of limited duration will not be afforded rights relating to layoffs at the end of the funding period if, in the judgment of the appointing authority, there is no assurance of refunding. If the appointing authority determines that these rights are in the best interest of State Government, he may so designate all appointments as having these rights on the appointment document.
2. Such an employee may be reinstated if he is eligible for this right. Details concerning temporary funding, time limits, and layoffs must be included on the original appointment document and at each successive time the project is renewed.
3. A project originally designated as including or as not including rights relating to layoffs may not be redesignated upon refunding unless the funding status of the project has changed.
[Personnel Div., Rule VI § L, eff. 8-11-73; A 3-15-76]—(Substituted in revision for NAC 284.438)
NAC 284.434 Seasonal positions. (NRS 284.065, 284.155)
1. An appointment to a seasonal position may not exceed 9 months of full-time equivalent service in any 12-month period. A separation from a seasonal position which is a result of the lack of money or the lack of work must be made in accordance with NAC 284.608.
2. Persons eligible for seasonal reemployment must be offered employment in the order that they appear on the seasonal reemployment list before another type of list of eligible persons may be used.
3. Reemployment rights extending 1 year from the date of a seasonal employee’s date of separation:
(a) Must be granted if the employee has attained permanent status; or
(b) May be granted, at the discretion of the appointing authority, if the employee has not attained permanent status,
Ê if the employee’s last rating of performance was standard or better.
4. For the purposes of this section, a person’s right to reemployment is limited to a seasonal position in the same class, option and department in which he last worked, except that an appointing authority may:
(a) Reemploy a former employee who held a seasonal position in another department if he is otherwise eligible.
(b) Reemploy a former employee who held a seasonal position in a comparable class if he is otherwise eligible and the Department of Personnel approves.
5. To be eligible for reemployment, the former employee must:
(a) Notify the agency, in writing, stating the locations where he seeks reemployment; and
(b) Be available for the entire term of employment.
6. Seasonal reemployment lists must be maintained by the employing department, taking into account the provisions in subsection 1 of NAC 284.360 and subsections 3, 4 and 5 of this section.
7. An incumbent in a permanent position may request a seasonal position. By the voluntary acceptance of a seasonal position, an employee gives up any right to return to his former permanent position but, if eligible, may be reappointed.
[Personnel Div., Rule VI part § J, eff. 3-3-77]—(NAC A by Dep’t of Personnel, 10-26-84; 8-1-91; 11-16-95; A by Personnel Comm’n by R183-03, 1-27-2004)
NAC 284.436 Intermittent positions. (NRS 284.065, 284.155)
1. An intermittent position is a position:
(a) That is filled by a person who may be called to work at any time;
(b) That is used to supplement the agency’s full-time staff; and
(c) The compensation of which is separately identified in the budget of the agency.
2. An appointing authority may hire an employee in an intermittent position to supplement the full-time staff of an agency when the staffing needs of the agency fluctuate because of changes in the amount of work.
3. If a position is budgeted as an intermittent position, that position may only be underfilled pursuant to this chapter by an intermittent employee. An intermittent employee may only underfill a position that has been budgeted as an intermittent position.
4. An employee in an intermittent position who has attained permanent status:
(a) Must be given notice of any layoff affecting him not less than 1 week before the layoff; and
(b) Has a right of reemployment if his last performance evaluation was standard or better. The right of reemployment is based on the same formula as that used for other employees except that it extends only to the cost center or division from which his employment was terminated. This right must not operate to the detriment of a permanent full-time employee.
5. As used in this section, “cost center” means an organizational unit or group of organizational units within the Employment Security Division of the Department of Employment, Training and Rehabilitation.
(Added to NAC by Dep’t of Personnel, eff. 8-28-85; A 8-1-91; A by Personnel Comm’n by R183-03, 1-27-2004)
NAC 284.437 Underfilling of positions. (NRS 284.065, 284.155, 284.305)
1. Except as provided in subsection 4, before a position may be underfilled it must be approved in writing by the Department of Personnel. The Department of Personnel will only approve a position to be underfilled if there are less than five eligible ranks on the appropriate list who are available for appointment.
2. Except as otherwise provided in subsection 4, if a position is approved to be underfilled, the Department of Personnel will begin a recruitment for the class of the position unless a recruitment within 12 months before the approval failed to produce sufficient applicants on the appropriate list.
3. Except as otherwise provided in subsection 4, the position may not continue to be underfilled for more than 30 working days after five or more ranks of eligible persons on the appropriate list who are available for appointment are certified to the appointing authority.
4. Subsections 1, 2 and 3 do not apply to the underfilling of a position:
(a) If the position is authorized at or below the journey level and an employee fills that position in a class which is a training or intermediate level preparatory to promotion;
(b) If an employee’s position is reclassified pursuant to NAC 284.138; or
(c) If an appointing authority has requested and received approval from the Department of Personnel to underfill a position because money is not available and that fact has been certified by the Chief of the Budget Division of the Department of Administration or, in the case of an agency which is not funded from the General Fund or the Nevada System of Higher Education, by the administrator of that agency or System.
5. An employee or former employee may not be selected through noncompetitive means to underfill a position allocated at grade 30 or higher if that position is allocated at a higher grade than the position the employee currently holds or, in the case of a former employee, the current grade of the position the person formerly held.
(Added to NAC by Dep’t of Personnel, eff. 8-28-85; A by Personnel Comm’n by R183-03, 1-27-2004)
NAC 284.4375 Automatic advancement. (NRS 284.065, 284.155, 284.175)
1. For the purposes of this section, “automatic advancement” or “automatically advanced” means the progression of an employee to the authorized grade of the position, but not exceeding the journey level. Automatic advancement occurs without recruitment and may occur without examination. It is based upon the employee’s:
(a) Meeting minimum qualifications;
(b) Satisfactory performance; and
(c) Endorsement by his appointing authority.
2. In determining the status of an employee who has been automatically advanced:
(a) The provisions in subsection 2 of NAC 284.170, governing an employee’s pay on promotion, apply.
(b) If the employee had attained permanent status in the class from which he was automatically advanced, he retains that status in the new class.
(c) If the employee had not attained permanent status in the class from which he was automatically advanced, he must remain in probationary status in the new class until he has worked in that class for a period equal to the remaining portion of the probationary period that is required for the new class.
[Personnel Div., Rule I § C subsec. 23, eff. 4-14-76; + Rule III part § G, eff. 8-11-73; A 4-14-76]—(NAC A by Dep’t of Personnel, 10-26-84; 7-21-89; 11-16-95; R147-01, 1-22-2002)—(Substituted in revision for NAC 284.190)
NAC 284.439 Reports of appointments. (NRS 284.065, 284.121, 284.155) Reports of appointments made pursuant to NRS 284.121 must include the type of position, the type of appointment, and the employee’s status of appointment as follows:
1. The type of classified position must be:
(a) Permanent;
(b) Special project;
(c) Temporary;
(d) Seasonal; or
(e) Intermittent.
2. The type of appointment to a classified position must be:
(a) Demotion;
(b) Reemployment;
(c) Transfer;
(d) Reappointment;
(e) Promotion;
(f) Reinstatement; or
(g) New hire.
3. The status of appointment in a classified position must be:
(a) Probationary for a nonpermanent employee;
(b) Permanent;
(c) Trial period for a permanent employee;
(d) Provisional;
(e) Emergency;
(f) Temporary; or
(g) Special disabled.
4. In the unclassified service, the type of position, type of appointment and status of appointment are each “unclassified.”
(Added to NAC by Dep’t of Personnel, eff. 10-26-84; A 8-28-85; 8-1-91; 7-6-92; A by Personnel Comm’n by R183-03, 1-27-2004)—(Substituted in revision for NAC 284.383)
ESSENTIAL FUNCTIONS OF POSITIONS
NAC 284.440 Determination by appointing authority. (NRS 284.065, 284.155) An appointing authority shall determine the essential functions of a position on a case-by-case basis. An appointing authority shall consider the following factors, without limitation, in making its determination:
1. Whether an employee is currently performing or has performed the function;
2. Whether removing the function would fundamentally alter the position;
3. Whether the position exists to perform the function;
4. The number of other employees available to perform the function;
5. The degree of expertise or skill required to perform the function; and
6. The amount of time spent performing the function.
(Added to NAC by Dep’t of Personnel, eff. 7-6-92)—(Substituted in revision for NAC 284.356)
NAC 284.441 Provision of description to candidates for vacant position; consideration for appointment. (NRS 284.065, 284.155)
1. The appointing authority shall provide a description of the essential functions of a position to each candidate who is being considered for a vacant position. The information must be provided in a timely manner to allow a candidate with a disability to determine his need for reasonable accommodation.
2. The appointing authority shall consider the essential functions of the position that have been identified pursuant to NAC 284.440 when determining which candidate will be offered employment. If the disability of a candidate prevents or impedes the performance of one or more of the functions of the position that are not identified as essential, the appointing authority shall not consider those functions when determining which candidate will be offered employment.
3. The provisions of this section apply to all competitive and noncompetitive appointments to classified positions.
(Added to NAC by Dep’t of Personnel, eff. 7-6-92; A 10-27-97)—(Substituted in revision for NAC 284.357)
PROBATIONARY PERIODS
NAC 284.442 Length of probationary period. (NRS 284.065, 284.155, 284.290) All classes at grade 20 or higher must be assigned a 1-year (full-time equivalent) probationary period. All classes lower than grade 20 will be assigned a 6-month (full-time equivalent) probationary period.
[Personnel Div., Rule VIII § A part subsec. 1, eff. 8-11-73; A 7-3-76]—(NAC A by Dep’t of Personnel, 10-26-84; R146-01, 1-18-2002)
NAC 284.444 Application of probationary period. (NRS 284.065, 284.155, 284.290)
1. A probationary employee who transfers:
(a) Within the same class must serve the remaining portion of the probationary period.
(b) From one class to another class must serve a new probationary period.
2. An employee who transfers from the unclassified or nonclassified service to the classified service must serve a new probationary period. Except for those unclassified employees who transfer pursuant to subsection 2 of NAC 284.398, the status of a permanent employee may not be attained until the satisfactory completion of the probationary period.
3. An employee who is reinstated must serve a new probationary period unless it is waived in writing by the appointing authority. If an appointing authority waives the probationary period, the status of the appointment of the employee is permanent.
4. A probationary employee who is reappointed must serve a new probationary period.
5. A permanent employee who is reappointed to a class:
(a) At a higher grade level must serve a trial period unless it is waived by the appointing authority.
(b) At the same grade level or a lower grade level is not required to serve a probationary period.
6. An employee who is laid off, but who is reemployed within 1 year, must serve a new probationary period if he is reemployed in a different class or in a different department than that from which he was laid off and he is subject to the provisions of subsection 8 of NAC 284.630.
7. A person with a permanent disability arising from a work-related injury or occupational disease who is reemployed in a different class or option than his regular position must serve a new probationary period as required by NAC 284.6018.
8. A person who is entitled to reemployment because of his military service is entitled to return to the status of appointment held at the time of his separation from the state service for military purposes. If the employee did not complete the probationary period, he will only be required to complete the remaining portion thereof.
9. Promotion to a vacant position requires a new probationary period. Promotions which result from reclassification are governed by NAC 284.134 and 284.138.
10. Except as otherwise provided in subsection 11:
(a) No probationary period will be required if a permanent employee is demoted.
(b) A new probationary period will be required if a probationary employee is demoted.
11. An employee who is restored to his former position pursuant to NAC 284.462 following a promotional appointment must serve the portion of his probationary period which was remaining at the time of his promotion.
(Added to NAC by Dep’t of Personnel, eff. 10-26-84; A 7-21-89; 8-1-91; 12-26-91; 3-1-96; A by Personnel Comm’n by R142-05 & R143-05, 12-29-2005)
NAC 284.446 Time counted toward completion of probationary period. (NRS 284.065, 284.155, 284.290)
1. Except as otherwise provided in subsection 4 and in NAC 284.4375, a probationary employee must perform his duties continuously in the classified service for either 6 months or 1 year (full-time equivalent) as required for the class in which he is employed to attain permanent status.
2. Service in provisional, emergency, or special disabled status must be credited towards a probationary period if it is immediately followed by probationary or permanent status in the same class.
3. Service in a seasonal position must be credited towards the probationary period for the class.
4. If an employee of a governmental agency transfers to the classified service pursuant to NRS 284.022 and subsection 2 of NAC 284.398, the time which he spent in the comparable class in the governmental agency counts toward the probationary period which is required for the state class. If the employee has satisfactorily completed the equivalent of the State’s probationary period for the new class, the employee is entitled to transfer with permanent status. All continuous service which is equivalent to full-time employment in the governmental agency before the transfer counts towards permanent employee status.
[Personnel Div., Rule VIII § A part subsec. 1, eff. 8-11-73; A 7-3-76]—(NAC A by Dep’t of Personnel, 10-26-84; 1-22-90; 8-1-91; 7-6-92; 3-1-96)
NAC 284.448 Time not counted toward completion of probationary period. (NRS 284.065, 284.155, 284.290) The following types of leave or temporary status do not count toward the completion of any probationary period:
1. Authorized military leave for active service.
2. Authorized military leave for training beyond the 15 paid working days in any 1 calendar year.
3. Except as otherwise provided in NAC 284.580, any leave without pay and catastrophic leave, combined, in excess of 240 hours or, in the case of an exempt classified employee, 30 working days, in a year if the regular work schedule of the employee is 80 hours or less biweekly. If the regular work schedule of an employee is more than 80 hours biweekly, the employee must be allotted additional leave without pay and catastrophic leave in proportion to the number of hours his regular work schedule exceeds 80 hours biweekly. As used in this subsection, “year” means a period equal to 12 months of full-time equivalent service measured backward from the employee’s pay progression date.
4. Time which is served in a temporary position pursuant to NAC 284.414.
5. Any hours worked which exceed 40 in a week.
(Added to NAC by Dep’t of Personnel, eff. 10-26-84; A 5-27-86; 3-27-92; 9-16-92; 11-16-95; 3-1-96; R147-01, 1-22-2002; A by Personnel Comm’n by R182-03, 1-27-2004)
NAC 284.450 Adjustment of probationary period. (NRS 284.065, 284.155, 284.290)
1. Except as otherwise provided in NAC 284.448, if a probationary employee has not, during his prescribed probationary period, worked the required number of months (full-time equivalent) which are established for the probationary period for the class, his probationary period must be extended until he has worked the required number of months.
2. An employee who changes from working full-time to part-time or the reverse will have his probationary period adjusted to equal the required number of months of service which are applicable to the probationary period of the class.
[Personnel Div., Rule VIII § A part subsec. 1, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 10-26-84; 3-1-96)
NAC 284.458 Rejection of probationary employees. (NRS 284.065, 284.155, 284.290)
1. During a probationary period, an employee may be rejected for any lawful reason, as determined by his appointing authority. An employee rejected pursuant to this subsection has no appeal rights.
2. An employee who is serving a trial period may not use the grievance procedure set forth in NAC 284.658 to 284.6957, inclusive, to appeal the decision by the appointing authority to reject the employee during his probationary period.
3. A probationary period does not create a contractual relationship between the employee and employer.
4. If a report of separation is not received by the employee or the Department of Personnel by the close of business on the last day of the probationary period, the employee is considered to have satisfactorily completed the probationary period and acquired permanent status.
[Personnel Div., Rule VIII § C subsecs. 1-3, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 10-26-84; 10-18-89; 11-12-93; 11-16-95)
NAC 284.462 Restoration of promoted employee to former position. (NRS 284.065, 284.155, 284.290)
1. For the purposes of this section only, “promotion” means any movement into a vacant position which has a higher grade than the position previously occupied by a classified employee who has served 6 months of continuous (full-time equivalent) service.
2. An employee promoted pursuant to subsection 1 who fails to attain permanent status in the position to which he was promoted or who is dismissed for a cause other than misconduct or delinquency on his part from the position to which he was promoted, either during the probationary period or at its conclusion, must be restored to the position from which he was promoted.
3. If an employee fails to attain permanent status and is restored to his former position, the appointing authority which is effecting the restoration must give written notice to the agency from which the employee was promoted at least 30 calendar days before the effective date. The agency which is taking action to restore the employee to his former position is liable for the payment of the employee during this 30-day period unless the agency to which the employee is being restored agrees to accept the employee before the expiration of that period. An employee does not gain permanent status if a report of separation or notice of intent to restore an employee to his former position has been provided to the employee and filed with the Department of Personnel on or before the last day of his probationary period, even though the separation or restoration takes place after the last day of the probationary period.
4. A demotion from probationary status in a higher class to the former lower level class may not be appealed.
[Personnel Div., Rule VIII § C subsec. 4, eff. 8-11-73; A 4-14-76]—(NAC A by Dep’t of Personnel, 10-26-84; 7-21-89)
REPORTS ON PERFORMANCE
NAC 284.468 Standards for performance of work. (NRS 284.065, 284.155, 284.335)
1. A standard for the performance of work is a written statement prepared on a form prescribed by the Department of Personnel of the results or behavior, or both, expected of an employee when the job elements of the employee’s position are satisfactorily performed under existing working conditions. Standards are required for all classified positions.
2. The appointing authority is responsible for ensuring that each position has standards and that each employee is evaluated using those standards. The supervisor has responsibility for establishing the initial standards, but the employee must be given the opportunity to provide comments when the standards for his position are revised.
3. The appointing authority has final approval of the standards for a position.
4. Standards must be reviewed annually and amended when appropriate.
5. Each employee must be provided with a copy of the standards for his position.
6. As used in this section, “job elements” means the principal assignments, job tasks, goals, objectives, responsibilities or related factors, or any combination thereof.
(Added to NAC by Dep’t of Personnel, eff. 10-26-84; A 8-28-85; A by Personnel Comm’n by R038-03 & R068-03, 10-30-2003)
NAC 284.470 Preparation, filing, contents, discussion and distribution of reports; powers and duties of employees; review; adjustment of grievances. (NRS 284.065, 284.155, 284.340, 284.384)
1. A person shall not complete a report on performance unless he has completed the training provided or approved by the Director concerning the preparation of a report on performance.
2. A report on performance must be prepared on the form prescribed by the Department of Personnel.
3. A report on performance must be filed at the times prescribed by NRS 284.340, but may be filed more frequently at the discretion of the supervisor of the employee. If a report on performance is not filed on or before the times specified in NRS 284.340, the performance of the employee shall be deemed to be standard.
4. If any information that would have affected the rating of performance of an employee during a period of evaluation becomes available after the date on which the report on performance of the employee is filed for that period, the information may be included in the report on performance for the current period of evaluation and taken into consideration in determining the rating of performance for the current period of evaluation.
5. When a report on performance is given which reports the overall rating of performance of an employee as substandard:
(a) The report must contain a written notice that such reports affect both merit pay increases and the employee’s eligibility for longevity pay; and
(b) An additional report on the performance of the employee must, in accordance with subsection 4 of NRS 284.340, be filed at least once every 90 days after the initial report that includes the substandard rating until the performance of the employee improves to standard or disciplinary action is taken against the employee.
6. Except as otherwise provided in subsection 7, the preparation of each report on performance must include a discussion between the employee and his immediate supervisor. Within 10 working days after the discussion takes place:
(a) The employee must complete and sign the appropriate section on the report on performance and return the report to his supervisor for forwarding to the reviewing officer or appointing authority.
(b) If the employee disagrees with the report on performance and requests a review, he must respond to the report in writing, identify the specific points of disagreement, if such specificity is provided, and return the response to his supervisor. The reviewing officer shall respond to the employee in writing within 10 working days after the supervisor receives the request.
7. If an employee is unavailable for a discussion of the report on performance pursuant to subsection 6 because of an extended absence, the immediate supervisor of the employee shall cause the report to be mailed to the employee. Within 10 working days after the date on which the employee receives the report:
(a) The employee must complete and sign the appropriate section on the report on performance and mail the report to his supervisor for forwarding to the appointing authority or reviewing officer.
(b) If the employee disagrees with the report on performance and requests a review, he must respond to the report in writing, identify any specific point of disagreement, if the report provides such specificity, and mail his response to his supervisor. The reviewing officer shall respond to the employee in writing within 10 working days after the supervisor receives the request for review from the employee. For the purposes of this paragraph, a report on performance or request for review is deemed to have been received on the third day after the date on which the report or request is postmarked.
8. A copy of each report on performance must be provided to the employee and filed with the Department of Personnel. If any written comments are added to a report on performance after a copy of the report has been provided to the employee pursuant to this subsection:
(a) A copy of the revised report which includes the written comments must be provided to the employee; and
(b) The employee may respond, in writing, to the additional comments in the revised report not later than 10 working days after he receives a copy of the revised report and submit the response to the Department of Personnel for inclusion in his file of employment.
9. An employee and his appointing authority may agree in writing to extend one or more of the periods prescribed in subsection 6 or 7.
10. If a reviewing officer fails to respond to a request for review from an employee within the time required by this section, the employee may institute the procedure for the adjustment of a grievance pursuant to NAC 284.658 to 284.6957, inclusive.
[Personnel Div., Rule IX § A, eff. 8-11-73; A 12-28-75]—(NAC A by Dep’t of Personnel, 10-26-84; 9-17-87; 10-18-89; 11-16-95; R031-98, 4-17-98; A by Personnel Comm’n by R065-98, 7-24-98; A by Dep’t of Personnel by R197-99, 1-26-2000; R147-01, 1-22-2002; A by Personnel Comm’n by R069-02, 8-14-2002; R096-03, 10-30-2003; R144-05, 12-29-2005)
NAC 284.474 Employee entitled to copy of report. (NRS 284.065, 284.155, 284.340) Each employee must be given a copy of the report prepared by the supervisor measuring his performance and development on the job. The report will not become official until signed by the rater. If requested, a copy must be provided to the employee at the time of the discussion between the supervisor and the employee. After the processing has been completed, a copy with all appropriate signatures will be provided the employee.
[Personnel Div., Rule IX § C, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 10-26-84)
NAC 284.478 Appeal of decision of reviewing officer. (NRS 284.065, 284.155, 284.384) A permanent employee may appeal a decision of a reviewing officer pursuant to NAC 284.470 through the procedure for the adjustment of a grievance pursuant to NAC 284.658 to 284.6957, inclusive.
[Personnel Div., Rule IX § D, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 10-18-89; R197-99, 1-26-2000)
TRAINING AND EDUCATION
NAC 284.482 Types of training. (NRS 284.065, 284.155, 284.343) Each employee is responsible for improving his 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 position.
3. Training which is needed to update the employee’s skills, knowledge, and techniques of his 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 Department of Personnel 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 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 his 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 on his 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 job, the employee terminates his 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 Department of Personnel must be completed on a form provided by the Department of Personnel 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)
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 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 Department of Personnel 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 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 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. Within 3 years after an agency initially appoints an employee to a supervisory position or managerial position, the employee shall attend additional supervisory or managerial training which, when added to the amount of training received pursuant to subsection 1, equals at least 40 hours of training.
3. For every 3-year period after the initial 3-year period, a supervisor or managerial employee shall attend at least 40 hours of training to enhance his supervisory or managerial skills. Such training must include at least two of the training classes described in subsection 1. An employee who receives credit for a training class described in subsection 1 for a 3-year period will not receive credit for taking that same training class in the next two following 3-year periods.
4. The appointing authority, at its discretion, may accept, in lieu of the training required by subsection 1, supervisory or managerial training taken by the employee during the 36 months immediately preceding his appointment.
5. In addition to the training otherwise required by this section, 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 appointing authority.
6. To meet the training requirements of this section, the employee may take training from:
(a) The employee’s agency;
(b) A formal training program;
(c) The Department of Personnel; or
(d) Any combination of paragraphs (a), (b) and (c).
7. An employee will not receive credit for any supervisory or managerial training taken for the purposes of this section unless:
(a) For training classes described in subsection 1, the training class is certified by the Department of Personnel; and
(b) For all other classes and training, the class or training is certified or otherwise approved by the appointing authority.
8. 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)
NAC 284.504 Certification of employees who prepare forms for Records or Payroll Sections of Department of Personnel. (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 Department of Personnel 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 Department of Personnel.
2. Continued certification requires biennial attendance at a Department of Personnel’s sponsored class in payroll and records procedures.
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 Administrative Services Section of Department of Personnel. (NRS 284.065, 284.155, 284.343) The responsibilities of the Administrative Services Section of the Department of Personnel 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 Department of Personnel.
[Personnel Div., Rule X § G, eff. 1-18-82]—(NAC A by Dep’t of Personnel, 10-26-84)
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 Department of Personnel.
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 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 Department of Personnel. Before the employee is given the stipend to engage in the proposed college program, his 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 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)
ATTENDANCE AND LEAVES
NAC 284.523 Definitions. (NRS 284.065, 284.155, 284.345) As used in NAC 284.523 to 284.598, inclusive, unless the context otherwise requires, the words and terms defined in NAC 284.5231 to 284.5239, inclusive, have the meanings ascribed to them in those sections.
(Added to NAC by Dep’t of Personnel, eff. 3-23-94; A by R082-00, 8-2-2000)
NAC 284.5231 “Care” defined. (NRS 284.065, 284.155, 284.345) “Care” means the activities performed or attention provided when an employee:
1. Provides psychological comfort and reassurance to his spouse, child or parent with a serious health condition who is receiving inpatient or home care;
2. Substitutes for another person who is caring for the employee’s spouse, child or parent who has a serious health condition;
3. Makes arrangements for any change in the care of his spouse, child or parent with a serious health condition; or
4. Provides physical or psychological care to his spouse, child, parent or other member of his immediate family who is unable to provide for his own:
(a) Basic medical, hygienic or nutritional needs;
(b) Safety; or
(c) Transportation to a provider of health care.
(Added to NAC by Dep’t of Personnel, eff. 3-23-94; A 11-16-95; A by Personnel Comm’n by R145-05, 12-29-2005)
NAC 284.52315 “Child” defined. (NRS 284.065, 284.155, 284.345) “Child” means a person who is:
1. A biological, adopted or foster child, a stepchild, a legal ward or the child of a person with the daily responsibility of caring for and financially supporting that child; and
2. Except as otherwise provided in NAC 284.5235 and 284.562, under 18 years of age or is 18 years of age or older and incapable of caring for himself because of a mental or physical disability.
(Added to NAC by Dep’t of Personnel, eff. 3-23-94; A by Personnel Comm’n by R096-03, 10-30-2003)
NAC 284.5232 “Continuing treatment” defined. (NRS 284.065, 284.155, 284.345) “Continuing treatment” means:
1. Two or more treatments received from a provider of health care if the treatment normally requires a visit to the office of the provider of health care or a nurse or physician assistant who is under the direct supervision of the provider of health care;
2. Two or more treatments received from a provider of health care services, such as a physical therapist, under the orders of, or referred by, a provider of health care;
3. At least one treatment received from a provider of health care which results in a regimen of continuing treatment under the supervision of a provider of health care;
4. The continuing supervision of, but not necessarily active treatment by, a provider of health care because of a long-term or permanent condition for which treatment may not be effective; or
5. Any combination of treatments described in subsections 1 to 4, inclusive.
(Added to NAC by Dep’t of Personnel, eff. 3-23-94; A 11-16-95)
NAC 284.5233 “Eligible employee” defined. (NRS 284.065, 284.155, 284.345) “Eligible employee” means an employee who is eligible for family and medical leave.
(Added to NAC by Dep’t of Personnel, eff. 3-23-94; A by R082-00, 8-2-2000)
NAC 284.5234 “Family and medical leave” defined. (NRS 284.065, 284.155, 284.345) “Family and medical leave” means any paid leave or leave of absence without pay which is granted to an eligible employee:
1. For the birth of a child of the employee and the care of that child if the leave is taken during the 12 months immediately following the date of the birth of that child;
2. For the placement of a child through adoption or foster care with the employee if the leave is taken during the 12 months immediately following the date of placement of that child;
3. To care for his spouse, child or parent who has a serious health condition; or
4. Because of a serious health condition of the employee which makes him unable to perform one or more of the essential functions of his position.
(Added to NAC by Dep’t of Personnel, eff. 3-23-94; A 11-16-95)
NAC 284.52345 “Family and Medical Leave Act” defined. (NRS 284.065, 284.155, 284.345) “Family and Medical Leave Act” means the Family and Medical Leave Act of 1993 adopted by reference in NAC 284.581.
(Added to NAC by Dep’t of Personnel by R082-00, eff. 8-2-2000)
NAC 284.5235 “Immediate family” defined. (NRS 284.065, 284.155, 284.345) “Immediate family” means:
1. The employee’s parents, spouse, children, regardless of age, brothers, sisters, grandparents, great-grandparents, uncles, aunts, nephews, grandchildren, nieces, great-grandchildren and stepparents; and
2. If they are living in the employee’s household, the employee’s father-in-law, mother-in-law, son-in-law, daughter-in-law, grandfather-in-law, grandmother-in-law, great-grandfather-in-law, great-grandmother-in-law, uncle-in-law, aunt-in-law, brother-in-law, sister-in-law, grandson-in-law, granddaughter-in-law, nephew-in-law, niece-in-law, great-grandson-in-law and great-granddaughter-in-law.
(Added to NAC by Dep’t of Personnel, eff. 3-23-94)
NAC 284.5237 “Parent” defined. (NRS 284.065, 284.155, 284.345) “Parent” means the biological parent of an employee or the person who had the daily responsibility of caring for and financially supporting the employee when the employee was a child. The term does not include a parent of the spouse of an employee.
(Added to NAC by Dep’t of Personnel, eff. 3-23-94)
NAC 284.52375 “Provider of health care” defined. (NRS 284.065, 284.155, 284.345) “Provider of health care” means:
1. A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state or country in which the doctor practices.
2. A podiatric physician, a dentist, a clinical psychologist, an optometrist or a chiropractor who is authorized to practice as a podiatric physician, a dentist, a clinical psychologist, an optometrist or a chiropractor by the state or country in which he practices and who is performing within the scope of his practice as defined by the law of that state or country.
3. A nurse practitioner, nurse midwife or clinical social worker who is authorized to practice as a nurse practitioner, nurse midwife or clinical social worker by the state or country in which he practices and who is performing within the scope of his practice as defined by the law of that state or country.
4. A practitioner in Christian Science who is listed with The First Church of Christ, Scientist, in Boston, Massachusetts. The list of practitioners may be obtained from the Christian Science Committee on Publication for Nevada, P.O. Box 92752, Henderson, Nevada 89009, 702.566.1097, at a cost of $3.50.
5. A provider of health care, as defined in NRS 629.031, acting within the scope of his license whose certification of the existence of a serious health condition is acceptable to substantiate a claim for benefits under the Public Employees’ Benefits Program.
(Added to NAC by Dep’t of Personnel, eff. 3-23-94; A 11-16-95; R082-00, 8-2-2000)
NAC 284.5239 “Serious health condition” defined. (NRS 284.065, 284.155, 284.345)
1. “Serious health condition” means an illness, an injury, or a physical or mental condition which involves:
(a) Inpatient care in a hospital, hospice or residential medical care facility, including any period of incapacity or any subsequent treatment in connection with such inpatient care; or
(b) Continuing treatment by or under the supervision of a provider of health care for one or more periods of:
(1) Incapacity of more than 3 consecutive calendar days, and any subsequent treatment or period of incapacity related to the same condition that also involves continuing treatment.
(2) Incapacity because of pregnancy or for prenatal care.
(3) Incapacity because of a chronic serious health condition, or treatment for such incapacity. A chronic serious health condition is one that continues over an extended period of time, requires periodic visits for treatment by or under the direct supervision of a health care provider, and which may cause episodic periods of incapacity.
(4) Incapacity which is permanent or long-term because of a condition for which treatment may not be effective, but for which the person is under the continuing supervision of a health care provider.
(5) Absence to receive multiple treatments by or under the direction of a health care provider for restorative surgery after an accident or other injury.
(6) Absence to receive multiple treatments by or under the direction of a health care provider for a condition that would likely result in a period of incapacity of more than 3 consecutive calendar days in the absence of medical intervention or treatment.
2. The term “serious health condition” does not include:
(a) Cosmetic treatments which do not require inpatient care and which do not result in medical complications; or
(b) Minor conditions such as the common cold, flu or an earache which do not result in medical complications.
3. As used in this section, “incapacity” means the inability to work, attend school or perform other regular daily activities because of a serious health condition, including any treatment or recovery period.
(Added to NAC by Dep’t of Personnel, eff. 3-23-94; A 11-16-95)
NAC 284.524 Reporting for work; workweeks and workdays; periods for meals and rest. (NRS 284.065, 284.155, 284.345)
1. An employee shall report for a work shift on time and ready to perform the duties and tasks assigned to his position.
2. Except as otherwise provided in this subsection, the workweek for state employees is 40 hours. A workweek of a different number of hours may be established to meet the needs of state agencies in compliance with the provisions of NRS 281.100, 281.110 and 284.180. The workday for a full-time state employee who works a standard or nonstandard work schedule consists of two work periods separated by a 1/2- to 1-hour meal period. Insofar as practicable, the meal period must occur in the middle of the work shift. A rest period of 15 minutes must be granted for each 4-hour period of work and, insofar as practicable, must occur in the middle of the period of work.
3. Except as otherwise provided in subsections 4 and 5, an appointing authority shall provide a meal period and rest period to an employee who has an innovative work schedule during each workday as follows:
(a) A 1/2- to 1-hour meal period must be provided during each period of work that exceeds 6 hours. Insofar as practicable, the meal period must occur in the middle of the work shift.
(b) A rest period of 15 minutes must be provided for each 4-hour period of work and, insofar as practicable, must occur in the middle of the period of work.
4. The requirement to relieve an employee for a 1/2- to 1-hour meal period does not apply to an employee who receives a paid meal period.
5. The requirement for a rest period does not apply to an employee who works:
(a) Directly with the inmates at a correctional institution.
(b) For the Division of Mental Health and Developmental Services of the Department of Health and Human Services and who:
(1) Maintains or monitors the equipment in a heat plant which operates 24 hours a day; and
(2) Works a straight 8-hour work shift.
(Added to NAC by Dep’t of Personnel, eff. 10-26-84; A 4-20-90; 8-1-91; 11-12-93; R031-98, 4-17-98; R098-99, 9-27-99; A by Personnel Comm’n by R068-03, 10-30-2003; R145-05, 12-29-2005)
NAC 284.525 Reduction of hours by mutual agreement. (NRS 284.065, 284.155, 284.345) Except with respect to a leave of absence without pay during a fiscal emergency of the State or an agency pursuant to NAC 284.580, an appointing authority and an employee may reduce the employee’s working hours to less than full time by mutual agreement.
(Added to NAC by Dep’t of Personnel, eff. 10-26-84; A by Personnel Comm’n by R096-03, 10-30-2003)
NAC 284.5255 Time sheets. (NRS 284.065, 284.155, 284.175, 284.345)
1. Except as otherwise provided in subsection 2, an employee shall provide an accurate accounting of the hours worked and leave used during a pay period on the appropriate form provided by his employer, including, without limitation, the specific times at which his work shifts started and ended. Entries must be made to account for all hours in the pay period, as prescribed by his employer. The employee shall submit the form in a timely manner to his supervisor or the designated representative of the supervisor.
2. An exempt classified employee or exempt unclassified employee shall provide on the appropriate form an accurate accounting of leave used pursuant to NAC 284.5895.
3. An employee who falsifies his time sheet or who causes or attempts to cause another employee to falsify a time sheet may be subject to disciplinary action pursuant to NAC 284.650.
4. An employee’s supervisor is responsible for reviewing the employee’s time sheet and verifying the accuracy of all hours worked and leave used by the employee.
5. The supervisor or the person who is responsible for coordinating the payroll of the agency may change an entry on an employee’s time sheet in accordance with the policy of the agency. If a change is made to an entry on the employee’s time sheet, the employee must be notified of the change. If the employee contests a change to an entry on his time sheet, he is entitled only to his base pay for the workweek in question. The contested entry must be resolved as soon as practicable, and any adjustment must be made during the next pay period following the resolution of the contested entry.
6. A supervisor who is negligent in reviewing and certifying the accuracy of an employee’s time sheet may be subject to disciplinary action pursuant to NAC 284.650.
(Added to NAC by Dep’t of Personnel, eff. 11-16-95; A 10-27-97; R031-98, 4-17-98; R147-01, 1-22-2002; A by Personnel Comm’n by R145-05, 12-29-2005)
NAC 284.538 Annual leave: Computation; part-time employees; long-term employees. (NRS 284.065, 284.155, 284.345, 284.350)
1. Except as otherwise provided in this subsection and NAC 284.5415, to compute the amount of annual leave to which an employee is entitled, an employee must be considered to work not more than 40 hours each week. If an employee occupies more than one position in different departments, he must be considered to work not more than 40 hours each week in each position.
2. A part-time employee is entitled to receive annual leave that is prorated based on the number of hours he is in paid status, excluding overtime.
3. An employee who holds two or more part-time positions in state service may combine the number of hours he is in paid status for all positions to compute annual leave, excluding overtime.
4. The basis for the computation of annual leave to which an exempt classified employee or exempt unclassified employee is entitled must not exceed the number of hours authorized in the biennial operating budget of this State for his position.
5. For each calendar month of full-time service, an employee is entitled to accrue annual leave at the rate of:
(a) One and one-half days per month for an employee who has completed 10 years or more but less than 15 years of continuous full-time or part-time state service; or
(b) One and three-fourths days per month for an employee who has completed 15 years or more of continuous full-time or part-time state service.
Ê If an employee has not been in continuous public service, the period before the interruption will not be counted except as otherwise provided in NAC 284.5405.
[Personnel Div., Rule VII § C, eff. 8-11-73; A 2-5-82]—(NAC A by Dep’t of Personnel, 10-26-84; 3-27-92; 9-16-92; 11-16-95; 10-27-97; R031-98, 4-17-98; A by Personnel Comm’n by R145-05, 12-29-2005)
NAC 284.5385 Annual leave: Leave without pay; catastrophic leave; receipt of benefits for temporary total disability. (NRS 284.065, 284.155, 284.345, 284.350)
1. Except as otherwise provided in NAC 284.580, an employee does not accrue annual leave during the time he is on leave without pay or on catastrophic leave.
2. A person who is receiving benefits for a temporary total disability pursuant to chapters 616A to 616D, inclusive, or 617 of NRS and makes the election provided in:
(a) Subsection 1 or 3 of NRS 281.390 is entitled to accrue annual leave during the period he is receiving those benefits and is being paid an amount of sick leave equal to the difference between his normal pay and the benefits received.
(b) Subsection 5 of NRS 281.390 must be placed on leave of absence without pay, unless the employee is on family and medical leave because a serious health condition prevents him from performing one or more of the essential functions of his position. Such an employee may, while he is on such leave, elect to use his accrued annual leave in lieu of being placed on leave of absence without pay.
3. An employee who does not have enough sick leave to make up the difference between his normal pay and the benefits for a temporary total disability must be placed on leave of absence without pay for the time he is receiving such benefits and the balance of time not covered by sick leave or other paid leave. The employee accrues annual leave only for the time he is in paid status, excluding overtime.
(Added to NAC by Dep’t of Personnel, eff. 10-26-84; A 12-17-87; 7-14-88; 7-21-89; 8-1-91; 3-27-92; 9-16-92; 11-12-93; 3-23-94; 7-1-94; 11-16-95; R147-01, 1-22-2002; A by Personnel Comm’n by R145-05, 12-29-2005)
NAC 284.539 Annual leave: Written request; approval or denial; authorized use. (NRS 284.065, 284.155, 284.345, 284.350)
1. Except as otherwise provided by the Family and Medical Leave Act, an appointing authority shall determine the time when annual leave is taken after considering the needs of the agency and the seniority and wishes of the employee. Annual leave may not be granted in excess of the accumulated annual leave.
2. A written request for annual leave that is submitted by an employee within a reasonable time before the date upon which the annual leave is requested to commence must be approved or denied by the appointing authority, in writing, before the date upon which the annual leave is requested to commence or within 15 days after the appointing authority receives the request, whichever is sooner.
3. The appointing authority may deny a request for annual leave for good and sufficient reason. The appointing authority may not prohibit an employee from using at least 5 consecutive days of annual leave in any calendar year.
4. An employee shall request annual leave at least 30 days in advance if the need for leave is foreseeable and the annual leave is to be taken in conjunction with a planned leave of absence without pay.
5. An employee who has accumulated both annual leave and compensatory time off, and who may lose annual leave at the end of the calendar year, may elect to use the annual leave instead of the compensatory time for approved leave. In all other instances, compensatory time must, as far as practicable, be exhausted before annual leave is used.
6. An employee who is receiving benefits for a temporary total disability pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS may use his accrued annual leave pursuant to NAC 284.5775.
(Added to NAC by Dep’t of Personnel, eff. 10-26-84; A 6-18-86; 9-17-87; 7-14-88; 4-20-90; 3-23-94; 11-16-95; R031-98, 4-17-98; R082-00, 8-2-2000; A by Personnel Comm’n by R145-05, 12-29-2005)
NAC 284.5395 Annual leave: Payment upon separation from service. (NRS 284.065, 284.155, 284.175, 284.350) An employee who has completed 6 months of continuous service and who has separated from state service must be paid a lump-sum payment for any unused annual leave which he has earned through the date of separation.
(Added to NAC by Dep’t of Personnel, eff. 10-26-84; A by R147-01, 1-22-2002)
NAC 284.540 Records of earned and used leave. (NRS 284.065, 284.155, 284.345) Each appointing authority shall keep accurate records of earned and used leave unless these records are maintained by a centralized time and attendance system.
(Added to NAC by Dep’t of Personnel, eff. 10-26-84; A by Personnel Comm’n by R069-02, 8-14-2002)
NAC 284.5405 Annual leave: Credit upon reinstatement, rehiring, reemployment or transfer. (NRS 284.065, 284.155, 284.345, 284.350)
1. Except as otherwise provided in this section, any employee who returns to state service following a separation is eligible to accrue annual leave based on his total service with the State after he has completed 3 years of continuous service. The employee must requalify after each break in service.
2. An employee who is rehired within 1 year after being laid off accrues annual leave at a rate based on his total state service. He may use his annual leave immediately upon accruing it if he has completed a total of 6 months of employment.
3. An employee with a permanent disability arising from a work-related injury or occupational disease who is reemployed following a separation from state service within 1 year after the date on which he sustained the permanent disability as determined pursuant to NAC 284.6013 accrues annual leave at a rate based on his total state service. He may use his annual leave immediately upon accruing it if he has completed a total of 6 months of employment.
4. An employee who is rehired within 1 year after being laid off is entitled to buy back the balance of the annual leave for which he received payment in a lump sum on the date of the layoff. The rate of pay at which he is rehired applies to the buying back of annual leave.
5. An employee with a permanent disability arising from a work-related injury or occupational disease who is reemployed following a separation from state service within 1 year after the date on which he sustained the permanent disability as determined pursuant to NAC 284.6013 is entitled to buy back the balance of the annual leave for which he received payment in a lump sum at the time of separation. The rate of pay at which he is reemployed applies to the buying back of annual leave.
6. If an employee who was laid off before completing 6 months of employment is rehired within 1 year after his layoff, the amount of the unpaid annual leave he had earned before the layoff must be restored to him.
7. If a person eligible for military reemployment is reemployed, he accrues annual leave at the rate which he would have earned if he had not left state service.
8. If an employee is appointed without a break in service from a position under one appointing authority to a position under another appointing authority, the balance of his annual leave is charged to the agency to which he is appointed.
9. If a nonclassified employee, an unclassified employee of the Nevada System of Higher Education or an employee included in the State Personnel System pursuant to NRS 284.022 is appointed without a break in service to the classified or unclassified service, his annual leave must be recomputed to reflect the amount that would have accrued to him as a classified or unclassified employee less any annual leave which he used during his nonclassified, Nevada System of Higher Education or governmental agency employment, and the remaining balance will be transferred to the new appointment. The amount of annual leave transferred by the employee pursuant to this subsection may not exceed the maximum amount which is permitted by the classified or unclassified rate of accrual as set forth in NRS 284.350 and NAC 284.538. The agency to which the employee is appointed is not responsible for payment of any annual leave in excess of the amount which is transferable. It is the responsibility of the employee who is transferring annual leave to seek payment of any excess amount of annual leave remaining to his credit from his former employer. If the amount of annual leave which is recomputed pursuant to this subsection results in a negative amount, the employee will begin the new appointment in the classified or unclassified service without any hours of annual leave.
(Added to NAC by Dep’t of Personnel, eff. 10-26-84; A 8-28-85; 4-19-88; 3-27-92; 11-12-93; 3-1-96; R031-98, 4-17-98; A by Personnel Comm’n by R096-03, 10-30-2003; R022-05, 10-31-2005; R142-05 & R145-05, 12-29-2005)
NAC 284.541 Annual leave: Service in provisional, special disabled, emergency or temporary status; seasonal employees. (NRS 284.065, 284.155, 284.345, 284.350)
1. Service in a provisional, special disabled, emergency or temporary status must be credited toward annual leave if it is immediately preceded or followed by a status of appointment which enables the employee to obtain the required 6 months of continuous service.
2. Service in a special position, which is temporary, in the University may be credited toward annual leave if it is immediately followed by probationary or permanent status.
3. An employee in a seasonal position who works a combined amount of time which equals 6 months is eligible for annual leave. The employee may choose to maintain the balance of the annual leave or receive a payment in lieu of annual leave upon his separation from the seasonal position if he has completed the qualifying period of 6 months. An employee who is not paid for his annual leave upon his separation from a seasonal position and who does not return to state service within 1 year must be paid the balance of his annual leave no later than 1 year after his termination if he has completed the qualifying period of 6 months.
(Added to NAC by Dep’t of Personnel, eff. 10-26-84; A 7-6-92)
NAC 284.5415 Annual leave and sick leave: Exception employees. (NRS 284.065, 284.155, 284.180, 284.345, 284.350, 284.355)
1. As used in this section:
(a) “Exception employee” means an employee whose normally scheduled hours of work are more than 80 hours biweekly; and
(b) “Regular employee” means an employee whose normally scheduled hours of work are 8 hours per day, 40 hours per week, or 80 hours biweekly.
2. An exception employee is entitled to accrue annual leave and sick leave based on his average workday. The average workday of such an employee must be determined by dividing the total scheduled hours of work per year by 2,088 and multiplying the quotient by 8.
3. When an exception employee is appointed to a job classification with a schedule of work as a regular employee, the accrued annual leave and sick leave of the exception employee must be converted to the amount of annual leave and sick leave that would have been accrued as a regular employee.
4. When a regular employee is appointed to a job classification with a schedule of work as an exception employee, the accrued annual leave and sick leave of the regular employee must be converted to the amount of annual leave and sick leave that would have been accrued as an exception employee.
5. For the purposes of this section, a firefighter is an exception employee and shall be deemed to work an average of 56 hours per week and 2,912 hours per year.
(Added to NAC by Dep’t of Personnel, 9-13-91, eff. 10-1-91; A 3-1-96)
NAC 284.542 Sick leave: Part-time employees. (NRS 284.065, 284.155, 284.345, 284.355)
1. A part-time employee is entitled to accrue sick leave at the rate of 1 1/4 days per month, which is prorated based on the number of hours the employee is in paid status, excluding overtime.
2. An employee who holds two or more part-time positions in the state service may combine the time in all positions for the purpose of computing the hours of accrued sick leave.
[Personnel Div., Rule VII § D subsec. 2, eff. 8-11-73; A and renumbered as subsec. 1, 2-5-82; § D subsec. 3, eff. 2-5-82]—(NAC A by Personnel Comm’n by R145-05, 12-29-2005)
NAC 284.544 Sick leave: Leave without pay; catastrophic leave; receipt of benefits for temporary total disability; computation. (NRS 284.065, 284.155, 284.345, 284.355)
1. Except as otherwise provided in NAC 284.580, an employee does not accrue sick leave during the time he is on leave without pay or on catastrophic leave.
2. A person who is receiving benefits for a temporary total disability pursuant to chapters 616A to 616D, inclusive, or 617 of NRS and:
(a) Makes the election provided in subsection 1 or 3 of NRS 281.390 is entitled to accrue sick leave during the period he is receiving those benefits and is being paid an amount of sick leave equal to the difference between his normal pay and the benefits received.
(b) Makes the election provided in subsection 5 of NRS 281.390 must be placed on leave of absence without pay, unless the employee elects to use his accrued annual leave.
3. An employee who does not have enough sick leave to make up the difference between his normal pay and the benefits for temporary total disability must be placed on leave of absence without pay for the time he is receiving such benefits and the balance of time not covered by paid leave. The employee accrues sick leave only for the time he is in paid status, excluding overtime.
4. To compute the amount of sick leave to which an employee is entitled, an employee must be considered to work not more than 40 hours each week. If an employee occupies more than one position in different departments, the amount of sick leave to which the employee is entitled must be computed based on not more than 40 hours each week in each position.
5. The basis for the computation of the amount of sick leave to which an exempt classified employee or exempt unclassified employee is entitled must not exceed the number of hours authorized in the biennial operating budget of this State for his position.
(Added to NAC by Dep’t of Personnel, eff. 12-17-87; A 7-14-88; 7-21-89; 8-1-91; 9-16-92; 11-12-93; 3-23-94; 7-1-94; 11-16-95; R147-01, 1-22-2002; A by Personnel Comm’n by R145-05, 12-29-2005)
NAC 284.546 Sick leave: Unused credit; special sick leave. (NRS 284.065, 284.155, 284.345, 284.355) Unused sick leave accrued but not carried forward pursuant to the provisions of NRS 284.355 must be placed in a separate account. Sick leave accrued in a separate account pursuant to this section is designated as special sick leave. Special sick leave may be used if an employee has used all the sick leave otherwise available to him and meets the conditions, as applicable, of NAC 284.554, 284.566 and 284.568.
[Personnel Div., Rule VII § D subsec. 3, eff. 8-11-73; A and renumbered as subsec. 2, 2-5-82]—(NAC A by Dep’t of Personnel, 10-26-84; 8-22-86; 11-16-95; A by Personnel Comm’n by R145-05, 12-29-2005)
NAC 284.548 Sick leave: Reinstatement of dismissed employee. (NRS 284.065, 284.155, 284.175, 284.345, 284.355) An employee who is dismissed and later reinstated by an order of a hearing officer must repay any money the employee received for payment of sick leave benefits. The amount of the payment may be deducted from the first available wage payments or any back pay owed to the employee. After the money is fully repaid pursuant to this section, the balance of the amount of sick leave that the employee had before he was dismissed must be restored to the employee.
(Added to NAC by Dep’t of Personnel, eff. 4-20-90; A by Personnel Comm’n by R145-05, 12-29-2005)
NAC 284.550 Sick leave: Separation from service. (NRS 284.065, 284.155, 284.345, 284.355)
1. An employee who is being separated from service earns sick leave only through the last working day for which he is entitled to pay. If the last working day occurs earlier than the last day of the month, the sick leave must be prorated.
2. Except as otherwise provided in subsection 1 of NAC 284.551, an employee who is rehired is not entitled to the restoration of accrued and unused sick leave which remains in his account at the time of his separation.
[Personnel Div., Rule VII § D subsec. 5, eff. 8-11-73; A and renumbered as subsec. 4, 2-5-82; Rule VII § D subsec. 5, eff. 2-5-82]—(NAC A by Dep’t of Personnel, 10-26-84; 4-19-88; 7-14-88)
NAC 284.551 Sick leave: Credit upon rehiring, reemployment or transfer. (NRS 284.065, 284.155, 284.345, 284.355)
1. An employee who is rehired within 1 year after he is laid off is entitled to the restoration of the accrued and unused sick leave remaining in his account at the time of his layoff.
2. The balance of a seasonal employee’s sick leave must be restored to him for each subsequent term of appointment if the employee is rehired within 1 year after the date of his last seasonal separation.
3. An employee who is reemployed within 1 year after sustaining a permanent disability arising from a work-related injury or occupational disease as determined pursuant to NAC 284.6013 is entitled to restoration of the accrued and unused sick leave that remained in his account at the time of separation.
4. If an employee is appointed without a break in service from a position under one appointing authority to a position under another appointing authority, the balance of his sick leave is charged to the agency to which he is appointed.
5. If a nonclassified employee, an unclassified employee of the Nevada System of Higher Education or an employee covered by NRS 284.022 is appointed to the classified or unclassified service without a break in service, his sick leave must be recomputed to reflect the amount that would have accrued to him as a classified or unclassified employee less any sick leave which he used during his nonclassified, Nevada System of Higher Education or governmental agency employment and the remaining balance will be transferred to the new appointment. If the amount of sick leave which is recomputed pursuant to this subsection results in a negative amount, the employee will begin the new appointment in the classified or unclassified service without any hours of sick leave.
(Added to NAC by Dep’t of Personnel, eff. 10-26-84; A 4-19-88; 3-1-96; A by Personnel Comm’n by R142-05 & R145-05, 12-29-2005)
NAC 284.552 Sick leave: Service in provisional, emergency or temporary status; seasonal employees. (NRS 284.065, 284.155, 284.345, 284.355)
1. Service in provisional, emergency or temporary status, including, without limitation, temporary limited appointments pursuant to NRS 284.327 of persons with disabilities who are certified by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation and service provided by an employee who has a work-related injury or occupational disease pursuant to a temporary assignment as set forth in NAC 284.6004, must be credited towards sick leave.
2. Service in a special position which is temporary in the Nevada System of Higher Education may be credited towards sick leave if it is immediately followed by probationary or permanent status.
3. An employee in a seasonal position must be credited with sick leave.
(Added to NAC by Dep’t of Personnel, eff. 10-26-84; A 7-6-92; A by Personnel Comm’n by R145-05, 12-29-2005)
NAC 284.554 Sick leave: Authorized use. (NRS 284.065, 284.155, 284.345, 284.355) An employee is entitled to use sick leave if:
1. He is unable to perform the duties of his position because he is sick, injured or physically incapacitated due to a medical condition;
2. The employee is physically incapacitated due to pregnancy or childbirth and is therefore unable to perform the duties of the employee’s position;
3. He is quarantined;
4. He is receiving required medical, psychological, optometric or dental service or examination;
5. He is receiving counseling through the Employee Assistance Program for a condition which would otherwise qualify pursuant to the provisions of this section; or
6. There is an illness, death or other authorized medical need in his immediate family and he complies with the requirements of NAC 284.558 or 284.562.
[Personnel Div., Rule VII § D part subsec. 6, eff. 8-11-73; A 2-5-82]—(NAC A by Dep’t of Personnel, 10-26-84; 4-20-90; 11-16-95)
NAC 284.558 Sick leave: Illness in employee’s immediate family. (NRS 284.065, 284.155, 284.345, 284.355)
1. Except as otherwise provided in this section, if an employee is needed to provide care for a member of his immediate family with an illness or other authorized medical need, the employee may use his accumulated sick leave, not to exceed 120 hours in any 1 calendar year. An employee is not subject to this 120-hour limitation if the leave is approved under the Family and Medical Leave Act.
2. The appointing authority may approve an exception to the 120-hour limitation or the requirement that the immediate family member be living in the employee’s household. To obtain an exception, the employee must submit his request in writing to the appointing authority, accompanied by a certification from a provider of health care that substantiates the need for the employee’s participation.
3. The appointing authority may require the employee to submit supplemental information which includes a second and third medical opinion as provided in subsection 2 of NAC 284.566.
[Personnel Div., Rule VII § D part subsec. 6, eff. 8-11-73; A and renumbered as subsec. 7, 2-5-82]—(NAC A by Dep’t of Personnel, 10-26-84; 3-23-94; 11-16-95; R082-00, 8-2-2000; A by Personnel Comm’n by R145-05, 12-29-2005)
NAC 284.562 Sick leave or catastrophic leave: Death in employee’s immediate family. (NRS 284.065, 284.155, 284.345, 284.355, 284.3626)
1. If a member of the employee’s immediate family dies, he may use his accumulated sick leave, or request approval for catastrophic leave pursuant to NAC 284.576, not to exceed 5 working days for each death.
2. For the purposes of this section, “immediate family” means the employee’s parents, spouse, children, brothers, sisters, grandparents, great-grandparents, uncles, aunts, nephews, grandchildren, nieces, great-grandchildren, father-in-law, mother-in-law, son-in-law, daughter-in-law, grandfather-in-law, grandmother-in-law, great-grandfather-in-law, great-grandmother-in-law, uncle-in-law, aunt-in-law, brother-in-law, sister-in-law, grandson-in-law, grand-daughter-in-law, nephew-in-law, niece-in-law, great-grandson-in-law, great-granddaughter-in-law, stepparents and stepchildren.
3. If a reasonable amount of additional time is needed for traveling related to funeral arrangements, the appointing authority shall approve an exception to this limitation.
[Personnel Div., Rule VII § D part subsec. 6, eff. 8-11-73; A and renumbered as subsec. 8, 2-5-82]—(NAC A by Dep’t of Personnel, 10-26-84; 11-16-95)
NAC 284.566 Sick leave: Approval by appointing authority; medical certification. (NRS 284.065, 284.155, 284.345, 284.355)
1. An appointing authority may approve sick leave only after having ascertained that the absence was for an authorized reason. For absences in excess of 3 consecutive working days, or for cases of suspected abuse, the appointing authority may require that the employee submit substantiating evidence, which may include, but is not limited to, a certificate from a provider of health care of the need for the absence.
2. For absences for which medical certification is required, the appointing authority may require the employee to provide a second medical opinion. The provider of health care who provides the second opinion of an employee’s health condition shall certify as to the ability of the employee to perform his duties and responsibilities and when he believes the employee can return to work. The provider of health care who provides the second opinion of an immediate family member’s health condition shall certify as to the health condition of the family member, the probable duration of the health condition and incapacity, and the need for the employee’s assistance or presence. A copy of each opinion must be provided to the employee, the patient and the appointing authority, as appropriate. If the first and second opinions differ, the appointing authority may require the employee to provide a third medical opinion.
3. If a second medical opinion is required, an employee shall obtain the opinion, on the form which is used for certification under the Family and Medical Leave Act, from a provider of health care designated by the appointing authority. The designated provider of health care must not be regularly used by the State unless the employee or a member of his immediate family resides or works in an area where such a provider of health care is not available and must not be employed by the State. The agency shall pay for the consultation.
4. If a third medical opinion is required, an employee shall obtain the opinion, on the form which is used for certification under the Family and Medical Leave Act, from a provider of health care approved jointly by the employee and the appointing authority. If necessary, a list of three providers of health care from which the selection must be made may be requested from the medical society of the county in which the employee or, if applicable, the member of his immediate family, resides or works. If such a list is used, the selection of the third provider of health care must be made by the employee and appointing authority alternately striking one name off the list. The third opinion is final and binding. The agency shall pay for the consultation.
5. An employee shall request sick leave at least 30 days in advance if the need for leave is foreseeable and the sick leave is to be taken in conjunction with a planned leave of absence without pay.
6. An appointing authority may require a statement from a provider of health care that an employee is able to resume work if the requirement is related to the employee’s ability to perform one or more of the essential functions of his position.
[Personnel Div., Rule VII § D subsec. 8, eff. 8-11-73; A and renumbered as subsec. 9, 2-5-82]—(NAC A by Dep’t of Personnel, 10-26-84; 3-23-94; 11-16-95; R082-00, 8-2-2000)
NAC 284.568 Sick leave: Placing employee on sick leave; conditions for return to work. (NRS 284.065, 284.155, 284.345, 284.355)
1. An appointing authority may place an employee on sick leave if:
(a) Due to a known or suspected illness or injury, the employee is not performing at the level required by his position or is not able to perform the essential functions of his position with or without reasonable accommodation, as determined by the appointing authority pursuant to NAC 284.440 and 284.441; or
(b) The illness appears to be contagious.
2. If the appointing authority places the employee on sick leave pursuant to subsection 1, the appointing authority may require the employee, before the employee may return to work, to provide documentation from a provider of health care which verifies that the employee is medically able to perform the essential functions of the job with or without reasonable accommodation and does not have a contagious illness.
3. Except as otherwise provided in NRS 281.390, the appointing authority may require an eligible employee to use sick leave during the time family and medical leave is granted.
(Added to NAC by Dep’t of Personnel, eff. 10-26-84; A 7-6-92; 3-23-94; R082-00, 8-2-2000; A by Personnel Comm’n by R145-05, 12-29-2005)
NAC 284.575 Catastrophic leave: Interpretation of certain statutory terms. (NRS 284.065, 284.155, 284.362, 284.3626) As used in NRS 284.362:
1. “Lengthy convalescence” means a period of disability which an attending physician expects to exceed 10 consecutive weeks.
2. “Life threatening” means a condition which is diagnosed by a physician as creating a substantial risk of death.
(Added to NAC by Dep’t of Personnel, eff. 8-14-90; A by R146-01, 1-18-2002)
NAC 284.576 Catastrophic leave: Use and administration; appeal of denial. (NRS 284.065, 284.155, 284.3621, 284.3626)
1. An account for catastrophic leave may be established for an employee when he or a member of his immediate family experiences a catastrophe and the employee has used all of his accrued leave.
2. An employee who is affected by a catastrophe and has used or is about to use all of his leave may request, on the appropriate form, the transfer of leave to an account for catastrophic leave for his personal use after the balance of all of his leave has been used. Such a request must be accompanied by a statement from a physician on a form provided by the Committee on Catastrophic Leave created pursuant to NRS 284.3627 which substantiates the necessity of the leave.
3. When a member of the immediate family of an employee is affected by a catastrophe, the appointing authority of the employee may require substantiating evidence that the member of the immediate family requires the employee’s attendance before approving the transfer of leave to an account for catastrophic leave for use by the employee. Such evidence may include a statement by an attending physician regarding the status of the catastrophe.
4. The appointing authority shall approve or deny a request for catastrophic leave, taking into consideration the nature of the catastrophe and the expected duration of the leave. The decision of the appointing authority may be appealed to the Committee on Catastrophic Leave pursuant to NRS 284.3629.
5. An employee whose request for catastrophic leave for a specified period of time has been approved and who has not had any or enough donations transferred to his account for catastrophic leave established pursuant to subsection 1 shall be deemed to be on approved leave without pay for the same period of time that was approved for the catastrophic leave. If a subsequent donation of hours to the employee’s account for catastrophic leave is received before the last day of the approved period of catastrophic leave, the donation must be applied retroactively to cover the beginning of the period of leave that was taken without pay.
6. An employee who wishes to donate hours to an account for catastrophic leave for use by another employee who has been approved to receive the donated hours shall notify his appointing authority on the appropriate form of his intent to donate the leave. The appointing authority of the employee donating the leave shall submit a copy of the form to the appointing authority of the employee receiving the leave. The appointing authority of the recipient shall use the notice to effect a transfer of leave from the account of the donor to the account of the recipient when the recipient needs to use those hours. If more than one notice of intent to donate leave is received by the recipient’s appointing authority on behalf of the recipient, the notices must be maintained in chronological order and used, one at a time as needed, according to the date in which they were received.
7. A donor and his appointing authority must be notified on the appropriate form when the donated leave specifically designated for use by another employee has been used or if the amount of leave donated is in excess of the amount approved for use by the recipient. Excess leave must be restored to the account of the donor within 30 working days after the last day on which the recipient was eligible to receive catastrophic leave.
8. The appointing authority shall provide the following information on a calendar year basis or as requested by the Director:
(a) Each employee under its authority, identified by a number assigned in accordance with subsection 9, donating or using catastrophic leave, his grade and rate of pay and the number of hours and dollar value of the leave donated, excluding any excess leave restored to the account of a donor, pursuant to subsection 7, or used by the employee;
(b) The period and nature of the disability for each employee using catastrophic leave; and
(c) A comparison of the average dollar value of the accounts for catastrophic leave based on the average rate of pay of the donors and the average dollar value of the leave taken by the recipients.
9. The appointing authority shall assign numbers to employees for the purposes of subsection 8 in a sequential order and in such a manner that ensures the confidentiality of the identity of those employees.
10. Hours donated to an account for catastrophic leave must be donated in increments of 8 hours.
11. As used in this section, “immediate family” has the meaning ascribed to it in NAC 284.562.
(Added to NAC by Dep’t of Personnel, eff. 10-18-89; A 8-14-90; 3-23-94; R146-01, 1-18-2002; A by Personnel Comm’n by R145-05, 12-29-2005)
NAC 284.577 Catastrophic leave: Repayment for hours used; receipt of workers’ compensation benefits. (NRS 284.065, 284.155, 284.175, 284.345, 284.3626)
1. Except as otherwise provided in subsection 2, an employee who has used hours from an account for catastrophic leave may voluntarily repay the account for those hours.
2. An employee who is entitled to catastrophic leave and workers’ compensation benefits may not receive more than 100 percent of his pay for the period of his leave. An employee must repay the account for catastrophic leave when the combined benefit of catastrophic leave and workers’ compensation exceeds his normal rate of pay.
3. The amount required to repay the hours from an account for catastrophic leave must be based on the employee’s normal rate of pay at the time he used the hours.
(Added to NAC by Dep’t of Personnel, eff. 11-16-95; A by Personnel Comm’n by R069-02, 8-14-2002)
NAC 284.5775 Temporary total disability: Use of sick leave, compensatory time, annual leave and catastrophic leave; leave of absence without pay. (NRS 284.065, 284.155, 284.345, 284.350, 284.355, 284.3626) An employee who is receiving benefits for a temporary total disability pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS may:
1. Elect to receive payment for all or part of the difference between his normal pay and the benefits received by:
(a) Using his accrued sick leave as provided in subsection 1 or 3 of NRS 281.390;
(b) Using his accrued compensatory time;
(c) Using his accrued annual leave if he:
(1) Is on family and medical leave for a serious health condition that prevents him from performing one or more of the essential functions of his position; or
(2) Elected to use his accrued sick leave pursuant to NRS 281.390 and has exhausted all of his accrued sick leave; or
(d) Using catastrophic leave if he has exhausted all of his accrued annual leave, sick leave and compensatory time and his request for catastrophic leave has been approved pursuant to NAC 284.576; or
2. Elect to be placed on leave of absence without pay in accordance with subsection 5 of NRS 281.390.
(Added to NAC by Dep’t of Personnel by R031-98, eff. 4-17-98; A by R082-00, 8-2-2000)
NAC 284.5777 Temporary total disability: Workers’ compensation travel leave to receive medical treatment. (NRS 284.065, 284.155, 284.175, 284.345)
1. An appointing authority shall grant leave to an employee in the classified or unclassified service of the State to receive medical treatment for a work-related injury or occupational disease if the employee:
(a) Qualified for benefits for a temporary total disability pursuant to NRS 616C.475; and
(b) After returning to work, is required to travel more than 50 miles one way from his place of employment to receive such medical treatment.
2. An appointing authority shall pay an employee who is granted leave pursuant to subsection 1:
(a) If he is a nonexempt employee, his regular hourly rate of pay for each hour that he is absent from his place of employment for such leave.
(b) If he is an exempt classified employee or an exempt unclassified employee and he is absent from his place of employment for a full day for such leave, his regular rate of pay for each such day.
3. Leave granted pursuant to this section must be taken as workers’ compensation travel leave and must not be deducted from any sick leave, annual leave, compensatory leave or any other personal leave that may be available to the employee.
(Added to NAC by Personnel Comm’n by R221-05, eff. 2-23-2006)
NAC 284.578 Leave of absence without pay. (NRS 284.065, 284.155, 284.345)
1. Except as otherwise provided in NRS 284.360, an appointing authority may grant a leave of absence without pay to an employee for not more than 1 year for any satisfactory reason.
2. The Commission may grant leaves of absence without pay in excess of 1 year for purposes deemed beneficial to the public service.
3. An appointing authority may require an employee on leave of absence without pay to submit every 2 weeks a statement of his intent to return to work.
4. If the reason for granting the leave no longer exists, the appointing authority may revoke the leave after notifying the employee in writing and allowing, so far as is practicable, not less than 5 working days after the date of notification for the employee to return to work.
5. An employee shall request leave without pay at least 30 days in advance of when the need for the leave is foreseeable, if practicable.
6. An employee may not use leave without pay in lieu of sick leave or annual leave without approval of the appointing authority.
7. An employee who is using leave pursuant to the Family and Medical Leave Act may not use leave without pay until he has exhausted his accrued sick leave, annual leave and catastrophic leave as required by NAC 284.5811.
[Personnel Div., Rule VII § E subsecs. 1-4, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 10-26-84; 3-23-94; 10-27-97; A by Personnel Comm’n by R145-05, 12-29-2005)
NAC 284.580 Leave of absence without pay during fiscal emergency of State or agency. (NRS 284.065, 284.155, 284.175, 284.345, 284.360)
1. Upon the request of an appointing authority, the Department of Administration may authorize the appointing authority to place a nonexempt employee on a leave of absence without pay for a fiscal emergency of the State or an agency during any period for which the Governor has declared that the State or an agency will experience a shortfall in revenue or f