Nev. Admin. Code § 284.460 - Failure of permanent employee who voluntarily transferred to complete trial period: Restoration to former position or other placement; required notifications; exception
1. If a permanent
employee voluntarily transfers and the permanent employee fails to complete his
or her trial period in the position to which he or she voluntarily transferred
or voluntarily chooses to revert to his or her previous position, the permanent
employee must, in the following order, be:
(a) Restored to the position from which the
employee voluntarily transferred, if that position is vacant;
(b) If the position from which the employee
voluntarily transferred is not vacant, appointed to another position in the
agency from which the employee voluntarily transferred:
(1) For which a vacancy exists; and
(2) Which is in the same class as the
position held by the employee immediately before he or she voluntarily
transferred;
(c) If the
position from which the employee voluntarily transferred is not vacant and a
position described in paragraph (b) does not exist, appointed to a position in
the agency from which the employee voluntarily transferred:
(1) For which a vacancy exists;
(2) Within a comparable class to the class of
the position held by the employee immediately before he or she voluntarily
transferred; and
(3) For which the
employee meets the minimum qualifications;
(d) If the position from which the employee
voluntarily transferred is not vacant and a position described in paragraph (b)
or (c) does not exist, appointed to a position in the agency from which the
employee voluntarily transferred:
(1) For
which a vacancy exists;
(2) Within a
class lower than the class of the position held by the employee immediately
before he or she voluntarily transferred; and
(3) For which the employee meets the minimum
qualifications; or
(e) If
the position from which the employee voluntarily transferred is not vacant and
a position described in paragraph (b), (c) or (d) does not exist, placed on the
reemployment list for other classes:
(1)
Which are equal to or lower than the class of the position held by the employee
immediately before he or she voluntarily transferred; and
(2) For which the employee meets the minimum
qualifications.
2. If an employee fails to complete the trial
period and is restored to his or her former position or otherwise placed
pursuant to subsection 1, the appointing authority which takes such action must
give written notice to the agency from which the employee voluntarily
transferred at least 30 calendar days before the effective date of the action.
The agency which is taking the action is liable for the payment of the employee
during this 30-day period unless the agency receiving the employee agrees to
accept the employee before the expiration of that period. An employee does not
gain permanent status if notice of the action has been provided to the employee
and filed with the Division of Human Resource Management on or before the last
day of his or her trial period, even though the action takes place after the
last day of the trial period.
3. If
an employee voluntarily chooses to revert to his or her previous position and
is restored to his or her former position or otherwise placed pursuant to
subsection 1, the employee must notify the agency to which the employee
voluntarily transferred. The agency to which the employee voluntarily
transferred must then give written notice to the agency from which the employee
voluntarily transferred at least 30 calendar days before the effective date of
the action. The agency which is taking the action is liable for the payment of
the employee during this 30-day period unless the agency receiving the employee
agrees to accept the employee before the expiration of that period. An employee
does not gain permanent status if notice of the action has been filed with the
Division of Human Resource Management on or before the last day of his or her
trial period, even though the action takes place after the last day of the
trial period.
4. The provisions of
this section do not apply to an employee described in NAC
284.462.
5. As used in this section, "voluntarily
transfer" means any movement into a vacant position in the same class or a
comparable class by a permanent employee, including, without limitation,
transfers governed by NAC
284.390.
Notes
NRS 284.065, 284.155, 284.375
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