Nevada Family and Medical Leave

Nevada employees may be eligible for time off under the federal FMLA.

By , J.D. · UC Berkeley School of Law

Like employers in every state, Nevada employers must follow the federal Family and Medical Leave Act (FMLA), which allows eligible employees to take unpaid leave for certain reasons. Nevada law also gives employees the right to take time off for a child's school activities and for domestic violence. Employees are entitled to the protections of all applicable laws; if more than one law applies, the employee may use the most beneficial provisions.

Family and Medical Leave

Under the federal FMLA, Nevada employees who are eligible may take up to 12 weeks of unpaid leave for serious health conditions, to bond with a new child, or to prepare for a family member's military service. Additional leave is available for employees who need to care for a family member who was seriously injured on active military duty. For detailed information on FMLA leave, see Taking Family and Medical Leave.

Who Is Covered?

Employers in Nevada are subject to the FMLA if they have at least 50 employees for at least 20 weeks in the current or previous year.

Employees are eligible for FMLA leave if:

  • they have worked for the company for at least a year
  • they worked at least 1,250 hours during the previous year, and
  • they work at a location with at least 50 employees within a 75-mile radius.

Reasons for Leave

FMLA leave is available if an employee needs time off to:

  • recuperate from a serious health condition
  • care for a family member with a serious health condition
  • bond with a new child
  • handle qualifying exigencies arising out of a family member's military service, or
  • care for a family member who suffered a serious injury during active duty in the military.
(You can find more information on these last two types of leave in Military Family Leave for Employees.)

How Much Leave Is Available?

In Nevada, employees may take up to 12 weeks of leave in a 12-month period for a serious health condition, bonding with a new child, or qualifying exigencies. This leave is available every 12 months, as long as the employee continues to meet the eligibility requirements explained above.

Employees may take up to 26 weeks of leave in a single 12-month period for military caregiver leave. However, this is a per-injury, per-service member entitlement. Unless the same family member is injured again, or another family member suffers an injury while on active duty, an employee may not take additional leave for this purpose.

Leave and Reinstatement Rights

Employees are entitled to continue their health insurance while on leave, at the same cost they must pay while working. FMLA leave is unpaid, but employees may be allowed (or required) to use their accrued paid leave during FMLA leave.

When an employee's FMLA leave ends, the employee is entitled to be reinstated to the same or an equivalent position, with a few exceptions.

Leave for Children's School Activities

Under Nevada law, employers may not fire, or threaten to fire, an employee because the employee attends a conference requested by an administrator of his or her child's school, or because the employee is notified, during work hours or an emergency regarding the child.

Employers with at least 50 employees must allow eligible employees to take up to four hours off per school year to:

  • attend parent-teacher conferences
  • attend school activities during school hours
  • attend school-sponsored events, and
  • volunteer or otherwise be involved at the child's school.

Domestic Violence Leave

Nevada has a domestic violence leave law, effective on January 1, 2018. All employers in the state must provide unpaid time off to an employee who is the victim of domestic violence, or whose family member is a victim of domestic violence. A "family member" includes a spouse, domestic partner, child, parent, or other adult living with the employee at the time of the domestic violence.

Employees are eligible as long as they have been employed for at least 90 days. These employees are entitled to up to 160 hours of unpaid leave in a 12-month period for the following reasons:

  • to seek a medical diagnosis or treatment
  • to obtain counseling services
  • to participate in court proceedings, or
  • to create a safety plan.

Pregnancy Accommodations

Beginning on October 1, 2017, employers with 15 or more employees must provide reasonable accommodations to employees for pregnancy, childbirth, and related medical conditions, unless it would cause undue hardship. While the law does not specifically mention leave, it may be a form of accommodation the employer must consider under the law.

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