Assembly Bill No. 184

Assembly Bill No. 184-Assemblymen Nolan and Anderson

February 18, 1997
____________

Referred to Committee on Government Affairs

SUMMARY--Provides leave of absence with pay in lieu of compensation for industrial injury or occupational disease for certain members of Nevada highway patrol. (BDR 23-1116)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.

AN ACT relating to the Nevada highway patrol; providing for a leave of absence with pay in lieu of compensation for an industrial injury or occupational disease for certain members of the Nevada highway patrol; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1 Chapter 281 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this section, if:
(a) A member of the Nevada highway patrol whose primary duties are to enforce the law sustains an industrial injury or suffers an occupational disease arising out of and in the course of his employment; and
(b) The injury or disease is compensable pursuant to the provisions of chapters 616A to 616D, inclusive, or 617 of NRS,
the member may, by giving notice to the chief of the Nevada highway patrol, elect to be placed on leave of absence with pay while so injured or disabled for a period of not more than 1 year in lieu of receiving compensation for the industrial injury or occupational disease provided pursuant to chapters 616A to 616D, inclusive, or 617 of NRS.
2. A member of the Nevada highway patrol specified in subsection 1 is not entitled to a leave of absence with pay pursuant to this section for any period of injury or disability that occurs after the termination of his employment by resignation, retirement or dismissal.
3. If a member of the Nevada highway patrol specified in subsection 1 elects to be placed on leave of absence with pay pursuant to this section, the chief of the Nevada highway patrol shall notify the insurer that provides industrial insurance for the Nevada highway patrol of the election. When the member is no longer on leave of absence with pay, the chief shall notify the insurer so that the insurer may begin paying benefits to which the member is entitled directly to the member.
Sec. 2 NRS 281.390 is hereby amended to read as follows:
281.3901. When any public employee is eligible at the same time for benefits for a temporary total disability [under] pursuant to chapters 616A to 616D, inclusive, or 617 of NRS and for any sick leave benefit, he may, by giving notice to his employer, elect to continue to receive his normal salary instead of the benefits [under] pursuant to those chapters until his accrued sick leave time is exhausted. The employer shall notify the state industrial insurance system of the election. The employer shall continue to pay the employee his normal salary but charge against the employee's accrued sick leave time as taken during the pay period an amount which represents the difference between his normal salary and the amount of any benefit for temporary total disability received, exclusive of reimbursement or payment of medical or hospital expenses [under] pursuant to chapters 616A to 616D, inclusive, or 617 of NRS for that pay period.
2. When the employee's accrued sick leave time is exhausted, payment of his normal salary [under] pursuant to subsection 1 must be discontinued and the employer shall promptly notify the state industrial insurance system so that it may begin paying the benefits to which the employee is entitled directly to the employee.
3. An employee who declines to make the election provided in subsection 1 [,] may use all or part of the sick leave benefit normally payable to him while directly receiving benefits for a temporary total disability [under] pursuant to chapters 616A to 616D, inclusive, or 617 of NRS, but the amount of sick leave benefit paid to the employee for any pay period must not exceed the difference between his normal salary and the amount of any benefit received, exclusive of reimbursement or payment of medical or hospital expenses [under] pursuant to those chapters for that pay period.
4. If the amount of the employee's sick leave benefit is reduced pursuant to subsection 3 below the amount normally payable, the amount of sick leave time charged against the employee as taken during that pay period must be reduced in the same proportion.
5. The public employee may decline to use any or part of the sick leave benefit normally payable to him while receiving benefits [under] pursuant to chapters 616A to 616D, inclusive, or 617 of NRS. [During] Except as otherwise provided in section 1 of this act, during that period [of time] the employee shall be considered on leave of absence without pay.
Sec. 3 Section 125 of chapter 580, Statutes of Nevada 1995, at page 2042, is hereby amended to read as follows:
Sec. 125. NRS 281.390 is hereby amended to read as follows:

281.390

1. When any public employee is eligible at the same time for benefits for a temporary total disability pursuant to chapters 616A to 616D, inclusive, or 617 of NRS and for any sick leave benefit, he may, by giving notice to his employer, elect to continue to receive his normal salary instead of the benefits pursuant to those chapters until his accrued sick leave time is exhausted. The employer shall notify the [state industrial insurance system] insurer that provides industrial insurance for that employer of the election. The employer shall continue to pay the employee his normal salary but charge against the employee's accrued sick leave time as taken during the pay period an amount which represents the difference between his normal salary and the amount of any benefit for temporary total disability received, exclusive of reimbursement or payment of medical or hospital expenses pursuant to chapters 616A to 616D, inclusive, or 617 of NRS for that pay period.

2. When the employee's accrued sick leave time is exhausted, payment of his normal salary pursuant to subsection 1 must be discontinued and the employer shall promptly notify the [state industrial insurance system] insurer that provides industrial insurance for that employer so that [it] the insurer may begin paying the benefits to which the employee is entitled directly to the employee.

3. An employee who declines to make the election provided in subsection 1 may use all or part of the sick leave benefit normally payable to him while directly receiving benefits for a temporary total disability pursuant to chapters 616A to 616D, inclusive, or 617 of NRS, but the amount of sick leave benefit paid to the employee for any pay period must not exceed the difference between his normal salary and the amount of any benefit received, exclusive of reimbursement or payment of medical or hospital expenses pursuant to those chapters for that pay period.

4. If the amount of the employee's sick leave benefit is reduced pursuant to subsection 3 below the amount normally payable, the amount of sick leave time charged against the employee as taken during that pay period must be reduced in the same proportion.

5. The public employee may decline to use any or part of the sick leave benefit normally payable to him while receiving benefits pursuant to chapters 616A to 616D, inclusive, or 617 of NRS. Except as otherwise provided in section 1 of this act, during that period the employee shall be considered on leave of absence without pay.