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['Leave']
['Time off']
04/03/2024
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Summary of differences between federal and state regulations
The federal Fair Labor Standards Act does not require payment for time not worked, nor does it regulate vacation pay, holiday pay, or other paid time off. These types of benefits are generally a matter of agreement between an employer and an employee (or the employee’s representative). Employers, however, do need to comply with applicable state laws.
Appear as Witness
Nevada law provides that employers may not deprive the witness or person summoned of his employment. Those who do are guilty of a misdemeanor.
Employees so treated may file a civil suit, and if successful, obtain wages and benefits lost as a result of the violation; an order of reinstatement without loss of position, seniority or benefits; damages equal to the amount of the lost wages and benefits; and reasonable attorney’s fees fixed by the court.
Domestic violence leave (effective 1/1/24, this includes sexual assault)
All Nevada employers must provide leave to eligible employees because they, a family member, or a household member is a victim of domestic violence or sexual assault.
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.
Jury duty
Nevada law doesn’t require private employers to pay employees for jury duty. However, if an employee is summoned for jury duty, the employer can not require the person to use sick leave or vacation time. Also, the employer can not require the person to work within 8 hours before the time the person is scheduled to appear for jury duty.
The employer also can not require the person to work between 5 p.m. on the day of his appearance for jury duty and 3 a.m. the following day, if service lasted for 4 hours or more on the day of the appearance for jury duty, including time going to and returning from the place where the court is held.
Nevada law requires state employees to be paid for jury duty, plus they get to retain any jury duty fees paid to them.
Paid time off (PTO)
Effective January 1, 2020, employers with 50 or more employees will need to provide all employees with up to 40 hours of paid leave per year.
Employees earn 0.01923 hours of paid leave for every hour worked, and may take the leave on or after being employed for 90 calendar days. Employers may front-load the leave or allow it to be accrued over the course of the year (a 365-day period).
Employers may limit the paid leave usage to 40 hours per year, and may limit carryover of unused leave to 40 hours in the next benefit year.
Employees may take the paid leave for any reason, and need not inform the employer of the reason.
Employees, however, are to give notice of the leave as soon as practical.
Payout of unused leave at separation is not required.
On each payday, employers are to provide employees an accounting of the hours of paid leave available.
Retaliation for taking leave is prohibited.
Pregnancy accommodations
Employers with 15 or more employees need to provide a reasonable accommodation to a female employee or job applicant for a condition relating to pregnancy, childbirth, or a related medical condition, unless the accommodation would impose an undue hardship to the business.
Accommodations could include the following:
- Modifying equipment,
- Providing different seating,
- Revising break schedules,
- Providing space to express breast milk,
- Allowing for light duty,
- Temporarily transferring the employee to a less hazardous or strenuous position,
- Restructuring a position, or
- Providing a modified work schedule.
This list is not all inclusive.
If you grant leave to your employees for sickness or disability because of a medical condition, you are to provide such leave for a condition relating to pregnancy, childbirth, or a related medical condition.
When an employee requests an accommodation, you are to engage in an interactive process to determine a reasonable accommodation. You may require an employee to provide an explanatory statement from her doctor concerning a suggested accommodation.
Employers are to provide notice to employees regarding their rights. This notice is to be given to new employees, to an employee within 10 days of her indicating that she is pregnant, and the notice is to be posted.
School activities leave
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.
Voting
Nevada law allows employees between one to three hours off to vote depending on the distance to the polling place. Pay deductions are not allowed. This time off for voting doesn’t apply if there is time for the employee to vote before or after work. Employee must request leave of absence prior to the day of election and the employer can specify the hours taken off.
State
Contacts
None.
Regulations
Nevada Revised Statutes, Chapter 608, Compensation, wages, and hours.
Federal
Contacts
None.
Regulations
None.
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Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.