FMLA - Nevada

Employee eligibility

The school activities leave applies to employers who employ 50 or more employees. Unlike the federal FMLA, there are no employee eligibility criteria, an employee's child must be enrolled in a public or private school.

Leave entitlement

Employees may take up to four hours of unpaid leave per school year at a time mutually agreed upon by the employer and employee.

Reasons for leave

Leave may be taken in increments of at least one hour for the following reasons:

• Attend parent-teacher conferences,
• Attend school-related activities during regular school hours,
• Volunteer or otherwise be involved at the school in which the child is enrolled during regular school hours, and
• Attend school-sponsored events.

Notice

Employees may be required to provide written request for the leave at least five school days before the leave is taken. Employers may require employees who take leave to provide documentation that during the time of the leave, the employee attended or was otherwise involved at the school or school-related activities.

Employee eligibility

Employees are eligible if they have been employed for your company for at least 90 days are entitled to leave for domestic violence or sexual assault reasons.

Leave entitlement

Eligible employees are entitled to take up to 160 hours of leave in a 12-month period for domestic violence or sexual assault-related reasons.

The leave must be used within the 12 months immediately following the date on which the domestic violence or sexual assault occurred. Employees may take the leave consecutively or intermittently.

The leave may run concurrently with federal FMLA leave, if the employee is otherwise eligible for both and the reason qualifies for both.

Accommodations

Employers must make reasonable accommodations that will not create an undue hardship for an employee who is a victim of domestic violence or whose family or household member is a victim.

The employer may provide such accommodations, including, without limitation, as:

• A transfer or reassignment;
• A modified schedule;
• A new telephone number for work; or
• Any other reasonable accommodations that will not create an undue hardship deemed necessary to ensure the safety of the employee, the workplace, the employer, or other employees.

Reasons for leave

Domestic violence or sexual assault leave may be taken for the following reasons:

• For the diagnosis, care, or treatment of a health condition related to a domestic violence or sexual assault act committed against the employee, family member, or household member.
• To obtain counseling or assistance related to domestic violence or sexual assault of the employee, family member, or household member.
• To participate in court proceedings related to domestic violence or sexual assault of the employee, family member, or household member.
• To establish a safety plan, including any action to increase the safety of the employee, family member, or household member from future domestic violence or sexual assault.

Family or household members include spouses, domestic partners, minor children, parents, or other adult person who is related within the first degree of kinship or affinity to the employee, or other adult person who is or was actually residing with the employee at the time of the domestic violence or sexual assault act.

Employees may obtain unemployment benefits during domestic violence or sexual assault leave.

Employers might need to make reasonable accommodations for such employees. Such accommodations could include a transfer or reassignment, a modified work schedule, or a new work telephone number, to name a few.

Notice

Since domestic violence or sexual assault generally involves, at least initially, the need for emergency leave, after taking leave, an employee must give at least 48 hours’ notice of the need to use additional leave.

Employers may require an employee who takes domestic violence or sexual assault leave to provide documentation that supports the reason for leave. This could be, for example, a police report, a protection order, and affidavit from a protection service, or a physician’s statement.

Employers are to post notices of the rights under this law.

Employers are also to keep related records for at least two years.

Employee eligibility

To be eligible for leave of absence benefits, an individual must be a permanent employee of the state of Nevada. Unlike the FMLA, an employee does not need to work a specified number of months or hours to be eligible for leave under Nevada’s provisions.

Leave entitlement

Eligible employees are entitled to 12 weeks of leave without pay.

Reasons for leave

An eligible employee may take a leave of absence for the birth or adoption of a child.

Maintenance of health benefits

There is no state provision which requires an employer to maintain coverage under any group health plan while the employee is on leave; however, the FMLA requires that covered employers continue to provide group health insurance.

Job restoration

Unlike the FMLA, Nevada law does not provide job restoration rights to employees.

Notice

Nevada requires that a leave of absence request by natural parents be submitted at least three months before the date which leave is to begin, unless a shorter notice is approved by the employer. Adoptive parents must submit their request for leave at least two working days after they receive notice of the approval of the adoption.