NAC284.206. Special adjustments to pay.

     1. The Division of Human Resource Management 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 Division of Human Resource Management. 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 or her 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 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 Administrator 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 Administrator 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 persons who are deaf at least 10 percent of his or her 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, reports on performance 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 or her pay.

     3. An employee may receive a special adjustment to pay if he or she 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 or her 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 or her 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 Division of Human Resource Management 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 Division of Human Resource Management 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; R007-11, 10-26-2011)

Notation

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 [now the Division of Public and Behavioral Health] 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.”