Nevada § 281.145 - Leave of absence for military duty; compensation

§ 281.145. Leave of absence for military duty; compensation

1. Except as otherwise provided in subsection 2, any public officer or employee of

the State or any agency thereof, or of a political subdivision or an agency of a political

subdivision, who is an active member of the United States Army Reserve, the United

States Naval Reserve, the United States Marine Corps Reserve, the United States Coast

Guard Reserve, the United States Air Force Reserve or the Nevada National Guard must

be relieved from the officer's or employee's duties, upon the officer's or employee's

request, to serve under orders including, without limitation, orders for training

or deployment, without loss of the officer's or employee's regular compensation for

a period of not more than the number of hours equivalent to 15 working days in any

12-month period, as prescribed in subsection 3 or 4, as applicable. No such absence may be a part of the officer's or employee's annual vacation provided

for by law. 2. In addition to the leave authorized pursuant to subsection 1, any public officer

or employee of the State or any agency thereof whose work schedule includes Saturday

or Sunday and who is an active member of the United States Army Reserve, the United

States Naval Reserve, the United States Marine Corps Reserve, the United States Coast

Guard Reserve, the United States Air Force Reserve or the Nevada National Guard must

be relieved from the officer's or employee's duties, upon the officer's or employee's

request, for a period of not more than the number of hours equivalent to 24 working

days in any 12-month period, as prescribed in subsection 3, to serve under orders

for training that is scheduled on a Saturday or Sunday, including, without limitation,

monthly and annual training. No such absence may be a part of the officer's or employee's annual vacation provided

for by law. An officer or employee is not entitled to receive his or her regular compensation

for any hours in a working day in which the officer or employee serves under orders

for training pursuant to this subsection if his or her military pay for the service

is equal to or exceeds his or her regular compensation for those hours. If the officer's or employee's military pay does not exceed his or her regular compensation

for those hours, the officer or employee is entitled to receive, in addition to his

or her military pay for those hours, the difference between the regular compensation

that the officer or employee would have otherwise received as an officer or employee

and his or her military pay for those hours. An officer or employee is not entitled to: (a) Receive any other compensation for which he or she would otherwise be eligible,

including, without limitation, compensation pursuant to NRS 284.358 ; or (b) Use any annual leave, compensatory time or other paid leave or any unpaid leave

that is required as a result of statewide economic conditions, for any hours for which the officer or employee receives compensation pursuant to

this subsection. 3. The Human Resources Commission created by NRS 284.030 shall adopt regulations prescribing for each agency of the State the 12-month period

during which an officer or employee of the agency is eligible to take the number of

working days of leave set forth in subsections 1 and 2. 4. A political subdivision shall establish the 12-month period during which an officer

or employee of an agency of the political subdivision or an agency thereof is eligible

to take the number of working days of leave set forth in subsection 1. 5. As used in this section: (a) “ Work schedule ” means the working days that an officer or employee is regularly assigned to work. The term does not include, without limitation, any temporary change in assigned

working days unless the change becomes permanent. (b) “ Working day ” means a period of work consisting of the number of hours that a public officer or

employee is regularly scheduled to work. The term does not include, without limitation, overtime, or any time in which the

officer or employee is on standby status or has been called back to work during his

or her scheduled time off.