2,306: Court Appearances and Voting

Last Revised: August 2005

A leave of absence with pay shall be granted to any state employee who serves on a jury or as a witness. Civil leave with pay must be granted to an employee who meets the requirements of NRS 284.357, and may also be granted by the appointing authority to an employee whose absence from the job is necessary to respond to a disaster or emergency. Civil leave shall not be charged to any employee's annual leave balance.

When an employee is subpoenaed by an aggrieved employee to testify in the employee's behalf before a hearing officer, the employee is acting in his official capacity. That employee is to be treated as if he is testifying for the employer and shall accept any witness fee offered to him and relinquish it to the agency by which he is employed per NAC 284.582.
 
Any classified employee who is a registered voter may absent himself from his place of employment at a time to be designated by the employer for a sufficient time to vote, if it is impracticable for him to vote before or after his hours of employment (NAC 284.586 and NRS 293.463). A sufficient time to vote shall be determined as follows:

• If the distance between the place of such voter's employment and the polling place where such person votes is two miles or less, one1 hour.
• If the distance is more than two miles but not more than 10 miles, two hours.
• If the distance is more than 10 miles, three hours.

Classified employees, because of such absence, may not be discharged, disciplined or penalized, nor shall any deduction be made from his usual salary or wages by reason of such absence. Application for leave of absence to vote shall be made to the employer or person authorized to grant such leave prior to the day of the election.