2022 Nevada Revised Statutes
Chapter 613 - Employment Practices
NRS 613.842 - Employer required to offer available position to laid-off employee; order of preference; simultaneous conditional offers; time for employee to accept or decline; written notice of decision not to recall employee; exceptions. [Effective through the later of the date on which the Governor terminates the emergency described in the Declaration of Emergency for COVID-19 issued on March 12, 2020, or August 31, 2022.]
1. An employer shall offer a laid-off employee in writing, by mail to the last known address of the employee and, if the employer possesses such contact information, by telephone, text message or electronic mail, each job position:
(a) Which becomes available after July 1, 2021; and
(b) For which the laid-off employee is qualified. A laid-off employee is qualified for a job position pursuant to this paragraph if the laid-off employee:
(1) Held the same position at the covered enterprise at the time of the laid-off employee’s most recent separation from active service with the employer; or
(2) Held a similar position within the same job classification at the covered enterprise at the time of the laid-off employee’s most recent separation from active service with the employer.
2. An employer shall offer job positions to laid-off employees in an order of preference corresponding to subparagraphs (1) and (2) of paragraph (b) of subsection 1. If more than one laid-off employee is entitled to preference for a position, the employer must first offer the position to the laid-off employee with the greatest length of service for the covered enterprise.
3. An employer may extend simultaneous conditional offers of employment to laid-off employees with a final offer of employment conditioned on application of the order of preference set forth in subparagraphs (1) and (2) of paragraph (b) of subsection 1.
4. An employer who offers a laid-off employee a job position pursuant to this section shall afford the employee not less than 24 hours after the time of the employee’s receipt of the offer to accept or decline the offer. A laid-off employee who is offered a job position pursuant to this section must be available to return to work within 5 calendar days after accepting the offer. If a laid-off employee who is offered a job position pursuant to this section:
(a) Does not accept or decline the offer within 24 hours; or
(b) Is not available to return to work within 5 calendar days after accepting the offer,
the employer may recall the next available employee with the greatest length of service for the covered enterprise.
5. An employer who declines to recall a laid-off employee because the employee lacks qualifications and hires a person other than the laid-off employee shall, not later than 30 days after making that decision, provide the laid-off employee with a written notice of the decision identifying all the reasons for the decision.
6. An employer is not required to extend additional offers of employment to a laid-off employee pursuant to this section if any of the following applies:
(a) The employee states in writing that:
(1) The employee does not wish to be considered for future open positions with the employer; or
(2) The employee does not wish to be considered for future open positions with the employer which have regularly scheduled hours of work that are different from those which the employee worked immediately before his or her last separation from active service with the employer.
(b) The employer extends three bona fide offers of employment to the employee, with not less than 3 weeks between each offer, and the employee declines all three offers. For purposes of this paragraph, "bona fide offer" means an offer of employment in the same or a similar job classification and with a comparable number of regularly scheduled hours of work as the employee worked immediately before his or her last separation from active service with the employer.
(c) The employer attempts to make three offers of employment to the employee using the methods described in subsection 1 and:
(1) Each offer made by mail is returned as undeliverable;
(2) If the employer has the electronic mail address of the employee, any offer made by electronic mail is returned as undeliverable; and
(3) If the employer has contact information provided by the employee for telephone calls or text messages, the number provided for such calls or messages is no longer in service.
(Added to NRS by 2021, 3589)
