AB 376 — Establishes provisions governing paid family leave for certain state employees. (BDR 23-1053)

EXEMPTAssembly (ReprintedBill withNo. amendments adopted on April 20, 2023) FIRST REPRINT A.B.

376376–Committee Aon SSEMBLYGovernment BAffairs ILLNCHAPTER.......... O.

376–COMMITTEE ON GOVERNMENT A FFAIRS M ARCH 22, 2023 ____________ Referred to Committee on Government Affairs SUMMARY—Establishes provisions governing paid family leave for certain state employees.

(BDR 23-1053) FISCAL NOTE:

EffEffect on the State:

Yes.No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

making an appropriation;

Under existing law, state employees in the public service are entitled to certain types of leave, including, without limitation, annual, sick and disability leave and leavesthis bill provides that an employee of absencethe underExecutive certainDepartment provisions.of the State of Government is entitled to take 8 weeks of paid family leave over the course of a 12- month period to:

(NRS(1) 284.355,bond 284.360)with Sectiona 1newborn child of thisthe billemployee providesor thata annewborn employeechild of the Executivedomestic Departmentpartner of the Stateemployee; month period to:

(1) bond with a newborn child of the employee or a newborn child12- of the domestic partner of the employee;

or (5) participate in a qualifying event resulting from the military deployment to a foreign country of an immediateleave, familysection member1 ofprovides thethat employee.an employee must:

To(1) be eligibleemployed forby suchthe paidState familyfor leave,not sectionless 1than provides12 thatconsecutive anmonths; employee must:

(1)(2) behave employedaccrued bynot theless Statethan for40 hours of sick leave;

and (3) have used any accrued sick leave in excess of 40 hours before takingktaking paid family leave.

and (2) prohibits the appointing authority or designee of the appointing authority from denying an eligible employee paid family leave or retaliating or taking any adverse action against an employeeemployeeee forSection 2 of this bill makes a conforming change to provide that an employee may use his or her sick leave for the purposes set forth in section 1 before taking paid family leave.

Section 32 of this bill makes a conforming change to provide that - *AB376_R1* – 2 – the provisions authorizing an employee tomay beuse grantedhis aor leaveher ofsick absenceleave withoutfor paythe dopurposes notset affectforth thein rightssection of1 anbefore employeetaking to take paid family leave.

Section 3 of this bill makes a conforming change to provide that the provisions authorizing an employee to be granted a leave of absence without pay do not affect the rights of an employee to take paid family leave.

Administration for the costs of computer programming to carry out the provisions of this bill.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Except as otherwise provided in this section, an employee of the Executive Department of the State Government who has - 82nd Session (2023) – 2 – been employed for not less than 12 consecutive months is entitled to take 8 weeks of paid family leave:

(b) To bond with a newly adopted child of the employee;

An appointing authority or his or her designee shall not deny an eligible employee the right to take paid family leave in accordance with the provisions of this section or retaliate or take any adverse action against an employee for taking paid family leavelea6. pursuant to subsection 1.

6.puAs used in this section:

As used in this section:

- *AB376_R1* – 3 – (c) “Qualifying event” means any military event or essential need resulting from the military deployment of an immediate family member.

- 82nd Session (2023) – 3 – (d) “Serious illness” has the meaning ascribed to it in NRS 232.4854.

Except as otherwise provided in this section, all employees in the public service, whether in the classified or unclassified service, are entitled to sick and disability leave with pay of 1 1/4 working days for each month of service, which may be cumulative from year to year.

After an employee has accumulated 90 working days of sick leave, the amount of additional unused sick leave which the employee is entitled to carry forward from 1 year to the next is limited to one-half of the unused sick leave accrued during that year, but the Commission may by regulation provide for subsequent use of unused sick leave accrued but not carried forward because of this limitation in cases where the employee is suffering from a long-term or chronic illness and has used all sick leave otherwise available to the employee.

(a) For the employee’s unused sick leave in excess of 30 days, exclusive of any unused sick leave accrued but not carried forward, according to the employee’s number of years of public service, except (1) For 10 years of service withor amore politicalbut subdivisionless ofthan the15 State,years, asnot follows:more than $2,500.

(1) For 10 years of service or more but less than 15 years, not more than $2,500.

- *AB376_R1* – 4 – (1) The employee’s hours of unused sick leave accrued but not carried forward;

[4.]- 5.82nd Session (2023) – 4 – pursuant to subsection [2] 3 may elect to receive the payment in any one or more of the following forms:

An employee entitled to payment for unused sick leave pursuant to subsection [2] 3 may elect to receive the payment in any one or more of the following forms:

Officers and members of the faculty of the Nevada System of Higher Education are entitled to sick and disability leave asNRS provided284.345.by by the regulations adopted pursuant to subsection 2 of NRS[6.] 284.345.7.

[6.] 7.

The schedule must provide for the accrual of sick leave at the same rate proportionately as employees who work a 40-hour week accrue sicksickrate leave.

If, after notice to the employee and a - *AB376_R1* – 5 – hearing, the Commission determines that the employee has taken sick or disability leave to which the employee was not entitled, the Commission may order the forfeiture of all or part of the employee’s accrued sick leave.