Nevada Department of Corrections Proposed Administrative Regulation 322
January 8th, 2008 		State of Nevada Offical Seal
NDOC Home > About NDOC > News Archive > Display News Item
Home
State of Nevada Links
NEVADA

NEVADA DEPARTMENT OF CORRECTIONS

ADMINISTRATIVE REGULATION

322

 

TYPES OF LEAVE AND LEAVE PROCEDURE

 

Supersedes:  AR 322 (10.10.03)

Effective Date:  02.08.08

                                                           

AUTHORITY

 

NRS 284.350;  281.390;  284.365;  284.355;  284.362; NAC 284.523 to 284.598 inclusive 29 CFR 825.114

 

RESPONSIBILITY

 

It shall be the responsibility of all Department employees to comply with this regulation.

 

It shall be the responsibility of the supervisor, Warden, Division Head, and Appointing Authority to ensure employees within their chain of command do not violate the provisions of this regulation.

 

It shall be the responsibility of the Department payroll office to maintain payroll and leave records.

 

322.01             ANNUAL LEAVE

 

1.  Annual leave for employees is accrued per the provisions of NAC 284.538

 

2.  Annual leave shall be carried forward from year to year, not to exceed 240 hours.

 

  • Annual leave in excess of 240 hours must be used prior to January 1, each year.
  • Annual leave in excess of 240 hours is forfeited on January 1 of each year, unless on or before October 15, a Leave Form, DOC-1000 is completed and the leave is denied. 
  • A disapproved leave request on DOC-1000 form shall be forwarded to the Department payroll office the first week of December.  The payment for unused annual leave must be made not later than January 31.

 

3.  The appointing authority shall determine the time when annual leave is taken after considering the needs of the Department and seniority of the employee.

 

  • Bids for annual leave for correctional officers are governed by AR 325.
  • Annual leave may not be granted in excess of the cumulative annual leave balance.
  • A request for annual leave may be made at any time.
  • Leave request submitted without sufficient notice may not be accommodated.
  • Leave for officers, subsequent to the bid process, may be accommodated depending upon the availability of relief factor. 
  • The approval or denial should be in writing within 15 working days of the request.
  • If a leave request is denied and the employee subsequently report sick leave, a physician certificate will be required.  Failure to provide a physicians certificate may result in an AWOL for that absence.

 

4.  Excluded classified or unclassified employees must only report absences of one or more full working days by utilizing the leave appropriate for the absence.

 

322.02             SICK LEAVE

 

1.  Accrual of sick leave is governed by NRS 284.355.

 

2.  Examples of sick leave abuse may include:

 

  • Consistently reporting sick in conjunction with regular days off.
  • Denial of annual leave and subsequently reporting sick leave.
  • Excessive use of sick leave without supporting physician’s documentation of need.
  • Use of more sick leave than an employee may accrue in a rolling 12-month period without a serious health condition.

 

3.  When sick leave abuse is suspected, a supervisor should intervene.

 

  • A supervisor may issue a letter of instruction which documents the reason(s). 
  • The letter should address the expectations of future sick leave usage and can include a requirement for physician’s documentation of illness.
  • Progressive discipline should be undertaken if direction is ineffective in correcting the problem.

 

4.  Instances of an employee falsely reporting sick leave shall result in disciplinary action up to and including termination.

 

322.03             FAMILY MEDCAL LEAVE ACT  (FMLA)

 

1.  The implementation of the FMLA for State Government is governed by NAC 284.581.

 

2.  Each institution and facility should display the FMLA benefits poster provided by the Personnel Division. 

 

3.  Each Supervisor should be familiar with the benefits provided by the FMLA.

 

4.  An employee who has missed three or more consecutive days of work as a result of illness or injury to themselves or an immediate family member should be made aware of the provisions of the FMLA.

 

  • The supervisor should immediately notify the Personnel Division of an event that may qualify under FMLA.
  • The Department payroll office should provide the employee with a notice of rights and obligations under the FMLA either in person or mail delivery to the employee.

 

322.04             catastrophic leave

 

1.  The use and administration of Catastrophic Leave is governed pursuant to NAC 284.576.

 

2.  Each institution and facility should have documents, authored by the Personnel Division, detailing the availability of and approval processes for catastrophic leave. 

 

3.  The Personnel Division shall coordinate the processes related to catastrophic leave.

 

4.  The Catastrophic Leave Committee is appointed by the Director and shall have a responsibility to determine whether or not an event meets the qualifying criteria for use of catastrophic leave.

 

  • The committee does not meet together according to a specific schedule. 
  • There are no deadlines for submission of applications for use of catastrophic leave.
  •  Requests are reviewed by each member in the committee in turn.

 

5.  The membership of the Committee should include:

 

  • The Medical Director
  • The Department Personnel Officer

 

6.  An employee may not be allowed to receive or use leave donated by another employee or from the catastrophic leave bank until the approval of the catastrophic leave committee.

 

7.  A denial of catastrophic leave by the Committee may be appealed to the State of Nevada Catastrophic Committee utilizing the appeal form Pay-23 B.

 

8.  An employee may donate up to a total of 120 hours of sick or annual leave each calendar year utilizing the Notice of Intent to Donate Leave Form.

 

9.  An employee may not donate any sick leave hours if their balance after the transfer is less than 240 hours.

 

322.05             MILITARY LEAVE

 

1.  Military leave is governed by NRS 281.145 and NRS 284.359.

 

2.  Employees who are members of the Armed Forces of the United States must be granted a leave of absence with pay to serve under official orders, not to exceed 15 working days in any one calendar year.

 

  • Supervisors must secure a copy of the order prior to approval of the military leave request.
  • Military leave which exceeds 15 days may be taken as annual leave, leave without pay, or compensatory time by the employee.
  • It is the employee’s responsibly to utilize the MIL code and properly code their time sheets. 
  • If leave without pay or other leave is utilized, military should be recorded under the remark section.

 

322.06             OTHER LEAVE

 

1.  Civil Leave may be authorized as follows: 

                                                                    

  • Jury duty (NAC 284.582);
  • Court appearances as a witness (NAC 284.582);
  • Voting (NAC 284.586); and
  • Acting as a fireman or meeting other emergency (NAC 284.587, 284.588).

 

2.  Administrative leave may be granted as designated in NAC 284.589.

 

3.  Overtime compensation is governed pursuant to NAC 284.250.

 

  • Overtime should be kept to an absolute minimum and may only be worked after securing approval from a supervisor, utilizing the overtime form DOC-1000.

 

  • Overtime must be paid in cash unless there is a signed compensatory agreement DOC-1048.

 

4.  Compensatory time should be utilized prior to the utilization of annual leave, unless the employee may lose annual leave at the end of the calendar year.

 

  • Compensatory time should not be accrued in excess of 120 hours. 
  • Overtime liability incurred in excess of this limit must be paid.
  • The Department may pay cash for compensatory time accrued below these limits.

 

5.  Leave without pay can be considered authorized or unauthorized depending upon circumstance.

 

  • A Division Head or higher supervisor may approve or deny a request for leave without pay.
  • An employee must utilize all paid leave prior to requesting leave without pay.
  • Absenteeism that results in excessive of use of leave without pay may be grounds for disciplinary action.

 

6.  An absence reported, but not authorized, or an unreported absence, shall be coded AWOL on the timesheet and a deduction from pay shall be made.

 

  • Such absence may be grounds for disciplinary action, up to and including termination.
  • AWOL absences of three consecutive working days will result in dismissal from state service.
  • Once an employee has not reported for work for one full work day, a certified letter by the Warden or Division Head must be forwarded to the employee's last known address detailing these provisions.
  • At the conclusion of 3 working days of AWOL the employee is to be summarily dismissed from State service.
  • The Warden or Division Head must prepare a specificity of charges on a permanent employee for post-termination processing. 
  • Probationary employees may be rejected utilizing the procedure set forth in AR 313.

 

322.07             NOTIFICATION OF ABSENCES

 

1.  An employee must notify their supervisor of an absence from duty in a prompt manner.

 

  • This notice should be prior to the start of the shift, but no later than one half hour after the start of the shift.
  • The institutional staff must speak directly to the available supervisor.
  • Central staff must speak to the supervisor when the work day starts.
  • Employee should personally notify the shift supervisor unless physically unable to do so. 

2.  Employees are expected to report to duty on time each day.

 

  • Delays should be reported as soon as practical.
  • Failure to notify or excess of tardiness will result in progressive disciplinary action.

 

322.08             SUBMISSION OF LEAVE FORMS AND TIMESHETS

 

1.  Requests for leave must be submitted on the Authorization for Leave and Overtime request Form DOC-1000.

 

  • The DOC-1000 should be submitted well in advance of the requested leave.
  • Leave is not authorized until approved and economic commitments should not be made by the employee until approval is obtained. 

 

2.  All leaves must be recorded on the State of Nevada weekly timesheet.

  • An employee must submit a time sheet bi-weekly to their supervisor.
  • Correctional staff must use the timesheet directed by their institution or facility.
  • No hand written corrections are allowed on the NCRS timesheet.
  • Other staff must use a State of Nevada Timesheet or the NEATS system if available.   
  • Leave is charged in 15 minute increments rounded to the next highest hour or quarter hour.
  • An employee must account for all hours in the pay period.
  • An excluded employee must submit a timesheet when there are full-day exceptions to the workweek.
  • Supervisors or the Department payroll office may change an entry on a timesheet for the correction of errors.

 

3.  An employee who falsifies a timesheet will be subject to disciplinary action pursuant to AR 339.

 

  • The supervisor is responsible for ensuring accurate entries on their employees’ timesheets.
  • A supervisor who is negligent in reviewing the accuracy of a timesheet may be subject to disciplinary action.
  • When changes are made on a timesheet the supervisor or Department payroll office must notify the employee.
  • If the employee contests the change on the timesheet, they will only receive base pay for the pay period until the issue is resolved.

 

322.09             APPLICABILITY

 

1.  This AR does require an Operational Procedure for the Department Personnel Division.

 

2.  This AR does require an Operational Procedure for each institution, facility, and each Division.

 

2.  This regulation does require an audit.

 

REFERENCES

 

None

 

 

 

_______________________________                                  __________________

Howard Skolnik, Director                                                                     Date