Current through September 16, 2024
1. For the purposes
of calculating an employee's seniority for NAC
284.614,
284.618 and
284.630:
(a) Except as otherwise provided in this
section, the total number of years of continuous full-time equivalent service
up to the effective date of the layoff must be included.
(b) Except as otherwise provided in
subsection 2, the sum of the calculation made pursuant to paragraph (a) or, if
applicable, subsection 5 must be reduced by the following periods if those
periods occurred during the 36 months immediately preceding the date of the
notification of layoff:
(1) For a nonexempt
employee, any combination of leave without pay and catastrophic leave in excess
of 240 hours in the period preceding the date of the notification of layoff
equal to 12 months of full-time equivalent service;
(2) For an exempt classified employee or
exempt unclassified employee, any combination of leave without pay and
catastrophic leave in excess of 30 working days in the period preceding the
date of the notification of layoff equal to 12 months of full-time equivalent
service; and
(3) Any time covered
by a report on performance which rated the employee below standard, excluding
evaluations received within 75 calendar days before the notification of
layoff.
2.
For the purposes of the reduction in the calculation of seniority required by
paragraph (b) of subsection 1:
(a) The
reduction may not include:
(1) A leave of
absence without pay during a fiscal emergency of the State or an agency
pursuant to NAC
284.580;
(2) A leave of absence without pay for a
work-related injury or illness pursuant to
NRS
281.390; or
(3) A military leave of absence pursuant to
NRS
284.359.
(b) As set forth in subparagraphs (1) and (2)
of paragraph (b) of subsection 1, an employee whose base hours are more than 80
hours biweekly must be allotted additional leave without pay and catastrophic
leave in proportion to the base hours for his or her pay class
designation.
3. For the
purposes of calculating seniority for layoff, if seniority is otherwise equal,
seniority must be determined in the following order:
(a) Total time within the occupational
group;
(b) Total time within the
department; and
(c) By
lot.
4. For the purposes
of calculating seniority for reemployment, if seniority is otherwise equal,
seniority must be determined by lot.
5. A department may request from the
Commission approval to calculate the number of years of continuous full-time
equivalent service of an employee of the department by doubling the time spent
by the employee in his or her present occupational group as categorized by
NRS
284.171 and adding that amount to the time
spent by the employee in all former occupational groups up to the date of
layoff. If the Commission approves the request of the department to calculate
the number of years of service pursuant to this section, the department shall
use this method to calculate the number of years of service:
(a) Only to determine which employees will
receive a layoff notice and not for the placement of those employees on the
reemployment list; and
(b) Until
the department seeks from and is granted approval by the Commission to revert
to the method of calculating the number of years of service set forth in
paragraph (a) of subsection 1.
Added to NAC by Personnel Comm'n by R096-03, eff. 10-30-2003;
A by R182-03, 1-27-2004; R143-05,
12-29-2005
NRS 284.065,
284.155,
284.335,
284.380
