If you work in Nevada and are a victim of domestic violence, you may have the right to take some time off work to seek medical care, get counseling, appear in court proceedings, and handle other issues. Nevada is one of a handful of states that also allows your employer to seek a restraining order to keep your abuser away from the workplace. We explain these protections below.
In Nevada, all employers must allow employees to take time off to handle certain matters relating to domestic violence, as outlined below. Employees are eligible for leave once they have worked 90 days for the employer.
You are eligible to take time off for yourself or to assist a family member. Under Nevada law, a family member includes your spouse, domestic partner, minor child, parent, any adult who is or was residing with you when the violence took place, or any adult who is related to you within the first degree of blood or affinity.
You may take leave from work for the following reasons:
You may take up to 160 hours of leave in one 12-month period. You must take leave within 12 months of the incident of domestic violence, and you may take leave all at once or intermittently.
If you take leave when an incident of domestic violence occurs, you must give notice at least 48 hours in advance if you want to take more time off. (The law doesn’t specify what type of notice you must give, if any, for your initial leave.) Your employer can require you to provide documentation of your need for leave, such as a copy of a protective order, a police report, documentation from a health care provider, or an affidavit from a victim services provider. Your employer must keep this documentation confidential.
Employers must make reasonable accommodations to allow their employees who are victims (or family members of victims) of domestic violence to do their jobs. Such an accommodation might include a transfer, schedule change, reassignment, new telephone number, or other changes to ensure your safety or the safety of the workplace or other employees. Your employer can ask you to provide documentation of your need for this type of accommodation.
As you likely already know, you can seek a protective order for yourself based on domestic violence. A protective order requires your abuser to stay away from you and particular places, such as your home or school. An abuser who approaches you has violated the order, and may be arrested for that before committing any act of violence against you.
Nevada law also gives employers the right to seek a protective order against harassment in the workplace. Harassment includes threatening to cause or causing bodily injury, property damage, or substantial harm to someone’s mental or physical safety or health. The threat or act must be committed against the employer, against an employee while the employee is performing job duties, or against someone else who is present at the workplace. The actions on which the order is based must be such that a reasonable person would fear that the threat will be carried out or would feel terrorized, frightened, harassed, or intimidated.
Your employer could get this type of order if your abuser is making threatening phone calls to you while you are at work, showing up at your workplace to threaten or intimidate you, or impeding you from doing your job (for example, by stalking you while you are making deliveries for work).
As you plan for your safety, take sensible precautions. If you share a phone plan or a computer with your abuser, your calls and search history may not be private. As you take steps to protect yourself and your children, consider using a work phone or computer (if allowed) or a friend’s communications equipment for confidential research and calls.