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FMLA: Nevada

FMLA requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Susan A. P. Woodhouse, Littler

Summary

  • Nevada does not have a state family and medical leave law applicable to private employers. See Family and Medical Leave.
  • Employers that grant leave to employees for sickness or disability must extend the same benefits to pregnant employees.See Pregnancy Leave and Accommodation.
  • Other types of leave may be available to Nevada employees - some required by federal, state or local law, and some provided by company policy, as well as several sources of income replacement. See Interaction of Leave Laws.

Family and Medical Leave

Nevada does not have a state family and medical leave law applicable to private employers. However, an Nevada employer with 50 or more employees is likely required to adhere to the federal Family and Medical Leave Act (FMLA).

Same-Sex Marriage

The Supreme Court ruled that the 14th Amendment requires a state to do the following:

  • License a marriage between two people of the same sex; and
  • Recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out of state.

Obergefell v. Hodges, +2015 U.S. LEXIS 4250 (U.S. June 26, 2015).

Same-sex marriage is legal nationwide, and couples lawfully married in any state including Nevada, are entitled to FMLA spousal leave benefits.

In addition, a Nevada employer should be careful if it seeks to confirm an employee's same-sex spousal relationship (for purposes of the FMLA) to ensure it does not discriminate in any way. While the FMLA allows an employer to confirm a family relationship, the employer's practices to confirm such relationships should be the same for employees in same-sex marriages as those in opposite-sex marriages (e.g., if an employer does not ask heterosexual employees for marriage licenses it should be careful about asking homosexual employees for such documentation).

Apart from FMLA considerations, employers with employees residing in Nevada should look at existing policies that provide for leave based on spousal relationships, such as bereavement leave or military leave. Policy language (such as how a spouse is defined) may need to be revised.

Pregnancy Leave and Accommodation

If an employer grants leave to employees for sickness or disability, it must extend the same benefits to female employees who are pregnant. If leave is available, the employee must be able to use it before and after childbirth, miscarriage or other natural resolution of the pregnancy. +Nev. Rev. Stat. § 613.335.

The Nevada Pregnant Workers' Fairness Act requires an employer with 15 or more employees to provide reasonable accommodations to employees and applicants for pregnancy, childbirth and related medical conditions, unless the accommodation would impose an undue hardship on the employer's business.

While a leave of absence is not expressly granted under the law, it may be considered a reasonable accommodation depending on the circumstances. The law also prohibits an employer from requiring that an employee take leave if another reasonable accommodation can be provided that will allow the employee to continue working. For more information on pregnancy accommodation, please see Disabilities (ADA): Nevada.

Interaction of Leave Laws

Other types of leave may be available to Nevada employees - some required by federal, state or local law, and some provided by company policy, as well as several sources of income replacement. See Other Leaves: Nevada. While some of these laws can run at the same time, others cannot.

Remain alert to the various types of leave available and take care to track an employee's leave of absence, including:

  • The date the leave begins;
  • The type of leave; and
  • The expected return date.

Future Developments

Effective January 1, 2020, employers with 50 or more employees in the state must provide paid time off that employees may use for any reason. +2019 Bill Text NV S.B. 312. For more information, see Other Leaves: Nevada.