§ 281.153 — Program for police officers and firefighters with temporary disabilities: Election of salary in lieu of compensation for injury or disease; notice to insurer of election to receive salary; accrual of benefits

Nevada § 281.153

• Jurisdiction: Nevada
• Title 23: PUBLIC OFFICERS AND EMPLOYEES
• Ch. 281: General

Text

1. The employer of a police officer or firefighter may establish a program that allows a police officer or firefighter whom it employs who has suffered a catastrophe resulting in temporary total disability to elect to continue to receive the police officer’s or firefighter’s normal salary for a period of not more than 1 year in lieu of receiving the compensation for the industrial injury or occupational disease for which the police officer or firefighter is eligible pursuant to chapters 616A to 616D , inclusive, or 617 of NRS, unless the police officer or firefighter has made an election pursuant to NRS 281.390 .
2. A program established pursuant to subsection 1:
(a) Must prescribe the conditions pursuant to which a police officer or firefighter is eligible to receive the police officer’s or firefighter’s normal salary in accordance with an election pursuant to subsection 1; and
(b) May allow a police officer or firefighter to return to light-duty employment or employment modified according to the police officer’s or firefighter’s physical restrictions or limitations and receive the police officer’s or firefighter’s normal salary during the period of an election pursuant to subsection 1.
3. Unless the employer is self-insured or a member of an association of self-insured public or private employers, the employer shall notify the insurer that provides industrial insurance for that employer of the election by a police officer or firefighter pursuant to subsection 1. When the police officer or firefighter is no longer eligible to receive the police officer’s or firefighter’s normal salary pursuant to such an election, the employer shall notify the insurer so that the insurer may begin paying to the police officer or firefighter the benefits, if any, for industrial insurance for which the police officer or firefighter is eligible. If the employer is self-insured or a member of an association of self-insured public or private employers and the police officer or firefighter is no longer eligible to receive the police officer’s or firefighter’s normal salary in accordance with an election pursuant to subsection 1, the employer shall begin paying the benefits, if any, for industrial insurance to which the police officer or firefighter is entitled.
4. During the period in which the police officer or firefighter elects to receive the police officer’s or firefighter’s normal salary pursuant to subsection 1, the police officer or firefighter accrues sick leave, annual leave and retirement benefits at the same rate at which the police officer or firefighter accrued such leave and benefits immediately before the election.
5. As used in this section:
(a) “Catastrophe” means an illness, accident or motor vehicle crash arising out of or in the course of employment which is life threatening or which will require a period of convalescence that an attending physician expects to exceed 30 days and because of which the employee is unable to perform the duties of the employee’s position.
(b) “Police officer” has the meaning ascribed to it in NRS 617.135 .

Legislative History

(Added to NRS by 1997, 2220 ; A 2005, 321 ; 2015, 1662 )