NRS616C.477. Compensation for lost wages incurred by employee who receives medical treatment after returning to work; prohibition against employer requiring employee to use personal leave for such treatment.

      1.  Except as otherwise provided in subsection 2, in addition to any other benefits an injured employee is entitled to receive pursuant to chapters 616A to 617, inclusive, of NRS, an injured employee who, as a result of his or her injury, qualified for benefits for a temporary total disability pursuant to NRS 616C.475 and who receives medical treatment for that injury after the injured employee returns to work is entitled to compensation pursuant to this subsection for each hour the injured employee is absent from the place of employment of the responsible employer to receive such medical treatment if the injured employee is required to travel more than 50 miles one way from the place of employment to receive such medical treatment. An injured employee must be paid compensation pursuant to this subsection at a rate equal to the compensation paid pursuant to NRS 616C.475 for a temporary total disability. Such compensation must be calculated based on increments of 4 hours or 8 hours.

      2.  The provisions of subsection 1 do not apply to an injured employee who is paid his or her regular hourly rate of pay by his or her employer for each hour the injured employee is absent from the place of employment to receive such medical treatment.

      3.  An employer may not require an injured employee to use sick leave, annual leave, compensatory leave or any other personal leave for the injured employee’s absence from the place of employment to receive medical treatment for the injury after the injured employee returns to work. The provisions of this subsection apply whether the injured employee is being paid compensation pursuant to subsection 1 or the injured employee’s regular hourly rate of pay pursuant to subsection 2.

      4.  The Administrator shall adopt regulations to carry out the provisions of this section, including, without limitation, regulations which establish:

      (a) The documentation which an injured employee or employer is required to submit for the payment of compensation to the injured employee pursuant to subsection 1;

      (b) The method for determining the amount of compensation to be paid to the injured employee pursuant to subsection 1; and

      (c) A definition of “place of employment” as that term is used in this section.

      (Added to NRS by 2005, 99)