Nevada Administrative Code › Chapter 284 - State Personnel System › FILLING VACANCIES IN EMPLOYMENT › Appointments › Section 284.405 - Reassignment of employee with disability who is unable to perform essential functions of position with or without reasonable accommodation

Current through June 11, 2024
1. The Division of Human Resource Management
				shall assist an appointing authority with the reassignment of an employee with
				a disability who is unable to perform the essential functions of his or her
				position with or without reasonable accommodation by identifying any vacant or
				soon to be vacant positions for which the employee meets the minimum
				qualifications. Those vacant or soon to be vacant positions may include
				positions that are outside of the geographical location of the employee. A
				refusal by the employee of an offer of a position that is outside of the
				geographical location of the employee will not affect the employee's
				reassignment rights pursuant to this section.
2. Before an appointing authority commences
				the reassignment of an employee pursuant to this section, the appointing
				authority shall notify the employee in writing that the employee will continue
				to be referred to positions pursuant to this section until the reassignment
				rights of the employee are exhausted in accordance with subsection
				11.
3. The appointing authority of
				the employee shall, through the interactive process, determine if a vacant or
				soon to be vacant position at the employee's current grade exists within the
				employee's agency. If such a position is identified and the employee meets the
				minimum qualifications, as determined by the Division of Human Resource
				Management pursuant to NAC
				284.317, and is able to perform
				the essential functions of the position with or without reasonable
				accommodation, the appointing authority shall offer the employee the position
				unless the appointing authority demonstrates that such an appointment would
				cause an undue hardship to the appointing authority.
4. If the appointing authority of the
				employee is not able to reassign the employee pursuant to subsection 3, the
				appointing authority of the employee shall notify the Division of Human
				Resource Management. For at least 30 days after receipt of the notification,
				the Division of Human Resource Management shall place the employee on
				reassignment lists for any vacant or soon to be vacant positions being filled
				at the grade of the current position of the employee if the employee meets the
				minimum qualifications for the positions and has expressed an interest in those
				positions. If such a position is determined to be available and it is
				determined through the interactive process that the employee is able to perform
				the essential functions of the position with or without reasonable
				accommodation, the employee must be offered the position unless it is
				demonstrated that such an appointment would cause an undue hardship.
5. If reassignment is not available pursuant
				to subsection 3 or 4, the appointing authority of the employee shall, through
				the interactive process, determine if a vacant or soon to be vacant position
				below the grade of the current position of the employee exists within the
				employee's agency. If such a position is identified and the employee meets the
				minimum qualifications, as determined by the Division of Human Resource
				Management pursuant to NAC
				284.317, and is able to perform
				the essential functions of the position with or without reasonable
				accommodation, the appointing authority shall:
(a) Consider the employee for any such
				positions in the order of the grade of the positions beginning with the grade
				closest to the grade of the current position of the employee if multiple
				positions with different grades are determined to be available within the
				employee's agency; and
(b) Offer
				the employee such a position unless the appointing authority demonstrates that
				such an appointment would cause an undue hardship to the appointing
				authority.