NAC284.5385. Annual leave: Leave without pay; catastrophic leave; receipt of benefits for temporary total disability.

     1. Except as otherwise provided in NAC 284.580, an employee does not accrue annual leave during the time he or she 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 or she is receiving those benefits and is being paid an amount of sick leave equal to the difference between his or her 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 or her from performing one or more of the essential functions of his or her position. Such an employee may, while on such leave, elect to use his or her 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 or her normal pay and the benefits for a temporary total disability must be placed on leave of absence without pay for the time he or she 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 or she 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)