1. The Division of
Human Resource Management may approve a special adjustment to the pay of an
employee pursuant to this section. A request for a special adjustment to pay
may be initiated by an employee, the appointing authority or the Division of
Human Resource Management. A special adjustment to pay does not constitute a
An employee may
receive a special adjustment to pay equivalent to 5 percent of the employee's
base rate of pay during any period in which:
The employee works out of his or her
class on a continuing basis and performs essentially all the duties and
responsibilities of a position classified at a higher grade. To receive the
increase, the employee must be assigned duties and responsibilities of the
higher grade which are clearly demonstrated in the class specification and
carry out the duties and responsibilities for at least 16 consecutive workdays
before the increase becomes effective. The adjustment to pay pursuant to this
paragraph is effective retroactively, commencing on the date on which the
employee assumed the additional duties and responsibilities. The adjustment to
pay must not continue for more than 6 months in any 12-month period unless:
The employee is underfilling a position
pursuant to NAC
(2) The duties and responsibilities that the
employee has been carrying out have been assumed from one or more positions
that have not been authorized to be filled because of a hiring freeze or fiscal
emergency. A hiring freeze or fiscal emergency must be certified by the Chief
of the Budget Division or, in the case of an agency that does not receive money
from the State General Fund or the Nevada System of Higher Education, certified
by the administrator of that agency or the System.
(3) The appointing authority submits a
written request to the Administrator accompanied by documentation justifying an
extension of the 6-month period and certifies that money is available to pay
for the continuation of the special adjustment to pay. The Administrator may
authorize the continuation of the special adjustment to pay after receiving the
request and documentation and determining that the extension of the 6-month
period is a business necessity and in the best interest of the State.
(b) The employee is required to
use bilingual skills or sign language for persons who are deaf at least 10
percent of his or her work time.
The employee is supervising other
employees of the same or a higher grade if the supervision:
(1) Is not part of the supervision or
management responsibilities for a program that is provided for in the class
without limitation, selection, work assignment, training, work review, reports
on performance and discipline of employees.
(d) The employee is required regularly to
perform custodial work and clean up human bodily waste in a medical, clinical
or inpatient facility.
as otherwise provided in this paragraph, the employee is conducting a formal
training program for employees. The training program must:
(1) Be conducted weekly;
(2) Consist of training on the job and in the
classroom or training only in the classroom;
(3) Include a test to determine the
employees' progress in the program; and
(4) Result in the award of a certificate of
completion or advancement in a class series to the journey level.
If an adjustment to pay is granted pursuant to this paragraph,
the adjustment begins when the employee starts conducting the training program
and ends when the training program is completed. An adjustment will not be
granted if the duty to conduct training is clearly set forth in the class
specification. Informal orientation given to new employees will not be
considered for this special adjustment.
(f) The employee, if employed as a law
enforcement officer, is assigned to motorcycle duty.
The employee, if employed by the
Department of Corrections, is responsible for the supervision of a group of
inmates assigned to a work area of an institution and who is responsible for
implementing security procedures, including, without limitation:
(1) Securing the work area from inmates who
are not authorized to enter the work area;
(2) Accounting for all inmates who have been
assigned to the work area; and
Accounting for all materials, tools and equipment in the work area.
The adjustment to pay pursuant to this paragraph will be
granted only if such duties are not provided for in the class
employee is authorized by the Legislature to receive such an adjustment to his
or her pay.
employee may receive a special adjustment to pay if he or she occupies a
position in which the duties have been recognized through the classification
process as being at a higher level, but who does not meet the minimum
qualifications for the class. The special adjustment to the employee's pay must
be equivalent to 2.5 percent of the employee's base rate of pay if the employee
performs duties classified one grade higher than his or her current position,
or 5 percent of the employee's base rate of pay if the employee performs duties
classified two or more grades higher than his or her current position. A
special adjustment to an employee's pay made pursuant to this subsection may
continue in effect from the date on which the position questionnaire is
(a) Until the employee meets the
minimum qualifications and is promoted;
(b) For 1 year after the effective date of
the special adjustment to pay; or
(c) Until the date the higher level duties
are removed, whichever occurs first.
4. Except as otherwise provided in paragraph
(a) of subsection 2, any special adjustment to pay made pursuant to subsection
2 must be revoked when the conditions justifying it cease to exist.
5. Except as otherwise provided in this
section, the effective date of a special adjustment to pay is the date on which
the written request is received by the Division of Human Resource Management or
the personnel office of the agency at which the employee who is receiving the
special adjustment to pay is employed. If the request for the special
adjustment to pay is delayed because an administrative or clerical error
prevented its delivery, the effective date of the special adjustment to pay
must be determined by the appointing authority and must be based on the date on
which the request should reasonably have been submitted. A retroactive
adjustment to pay must not exceed 6 months from the date on which the Division
of Human Resource Management receives the written request.