NAC284.228. Shift trading: Agreement; responsibilities.

     1. An employee may enter into a written agreement to trade shifts with another employee who is employed by the same state agency if each employee who enters into the agreement:

     (a) Does so solely at his or her option as described in 29 C.F.R. § 553.31;

     (b) Performs work in the same class; and

     (c) Obtains approval to enter into the agreement from the appointing authority of the state agency that employs him or her.

     2. If an employee who enters into an agreement pursuant to subsection 1 is unable to work the shift that he or she agreed to work, he or she is responsible for entering into a written agreement to trade shifts with another employee who satisfies the requirements of subsection 1 to ensure that the shift is worked. Except as otherwise provided in subsection 5, if the employee is unable to enter into an agreement with an employee who satisfies the requirements of subsection 1 to work the shift that he or she agreed to work, the state agency that employs the employee who was originally scheduled to work that shift before any agreements to trade shifts were entered into pursuant to this subsection or subsection 1 shall:

     (a) Reduce that employee’s accrued annual leave or accrued compensatory time by the number of hours in the shift; or

     (b) If that employee does not have annual leave or compensatory time available, place the employee on leave without pay for the number of hours in the shift,

Ê unless that employee works the shift he or she was originally scheduled to work.

     3. Except as otherwise provided in subsection 5, if an employee works a shift for another employee as provided in an agreement entered into pursuant to subsection 1 or 2, the state agency that employs the employees shall pay each employee as if he or she had worked his or her regularly scheduled hours of employment on that workday.

     4. The state agency that employs an employee who works a shift for another employee as provided in an agreement entered into pursuant to subsection 1 or 2 may exclude the hours worked by the employee pursuant to the agreement from the calculation of the hours for which the employee is entitled to receive:

     (a) Credit for overtime work pursuant to NRS 284.180; and

     (b) Any other additional pay or benefits required to be paid by this chapter or chapter 284 of NRS.

     5. If an employee who enters into an agreement pursuant to subsection 1 is unable to work the shift that he or she agreed to work because on the date that the shift occurs he or she no longer satisfies the requirements of subsection 1 and the other employee who is a party to the agreement has already worked the shift which he or she agreed to work pursuant to that agreement or another employee has worked that shift as provided in an agreement entered into pursuant to subsection 2, the state agency shall:

     (a) Reduce the pay, accrued annual leave or accrued compensatory time of the employee who no longer satisfies the requirements of subsection 1 by the number of hours in the shift that was worked for him or her; and

     (b) If the hours worked by the other employee pursuant to the original agreement or as provided in an agreement entered into pursuant to subsection 2 were excluded from the calculation described in subsection 3, include those hours in the calculation of the hours for which that employee is entitled to receive:

          (1) Credit for overtime work pursuant to NRS 284.180; and

          (2) Any other additional pay or benefits required to be paid by this chapter or chapter 284 of NRS.

     6. The appointing authority shall maintain accurate records of each agreement entered into by its employees pursuant to subsection 1 or 2.

     (Added to NAC by Dep’t of Personnel by R015-02, eff. 5-2-2002; A by Personnel Comm’n by R038-03, 10-30-2003)