Existing law provides for requirements and procedures for collective bargaining between the Executive Department of State Government and certain classified employees of the Executive Department over certain terms and conditions of employment. (NRS 288.400-288.630) Under existing law, employees of the Executive Department in the unclassified service and certain other specified employees of the Executive Department are not eligible to engage in such collective bargaining. (NRS 288.425) Existing law establishes certain mandatory subjects of bargaining in the negotiation of such a collective bargaining agreement, including sick leave. (NRS 288.150, 288.500)
Under existing law, with certain exceptions, employees of the Executive Department in the classified and unclassified service are entitled to sick leave and to payment for a certain amount of unused sick leave in the circumstances of the employee's retirement, termination through no fault of his or her own or death while in public employment. Existing law prescribes a four-tiered schedule of graduated maximum payments for such unused sick leave based on the employee's years of service, with a minimum of 10 years of service required for any such payment. (NRS 284.355) However, under existing law, with certain exceptions, the statutes governing employees of the Executive Department, including the statutes relating to sick leave, do not apply to any terms and conditions properly within the scope and subject to an enforceable collective bargaining agreement or supplemental bargaining agreement to the extent that: (1) those statutes are inconsistent or conflicting with the agreement; and (2) an appropriation, if required, has been made to implement the relevant part of the agreement. (Nev. Const. Art. 4, § 19; NRS 284.013, 288.505) Section 1 of this bill provides a separate payment schedule for unused sick leave in the circumstances prescribed in existing law for an employee of the Executive Department who is not eligible to engage in collective bargaining. Under the five-tiered payment schedule for such employees set forth in section 1: (1) the minimum years of service required for such a payment is lowered to 5 years; and (2) as a result of the new initial tier, the graduated payment amounts are increased from the amounts in existing law for employees eligible to engage in collective bargaining.

Statutes affected:
BDR: 284.355