Nevada Expands Domestic Violence Leave Law

Covered Leave

Current law

Beginning Jan. 1, 2024

Employee Eligibility

To be eligible for domestic violence leave, employees must be employed by their employer for at least 90 days. Employees may take leave for themselves, family members, or household members to:

• Obtain medical care to address a health condition resulting from or related to domestic violence;
• Obtain counseling or assistance;
• Participate in safety planning or take other actions to increase their future safety; or
• Participate in any court-related proceedings arising from domestic violence.

Family members include a spouse, domestic partner, parent, minor child, or other adult person related by blood or marriage. Household members include any adult person residing with the employee at the time the domestic violence took place.

Employers may require documentation supporting the need and duration of leave, such as copies of a police report, a copy of an application for a protection order, documentation from a physician, or an affidavit from a victim services organization. Such documentation should be kept confidential.

These protections areexpanded to apply to victims, and the family members and household members of victims ofsexual assault.

Amount of Leave

Eligible employees can take up to 160 hours of domestic violence leave in a 12-month period. The leave must be taken within 12 months of the date the act of domestic violence occurred.

No changes were made.

Pay

Domestic violence leave may be paid or unpaid. Further, leave may be taken consecutively or intermittently if used for a reason for which leave may also be taken under the federal Family and Medical Leave Act (FMLA). In such cases, it must be deducted from the amount of leave the employee is entitled to under the FMLA.

No changes were made.

Reasonable Accommodations

Employers must make reasonable accommodations for an employee who is the victim of domestic violence or whose family member or household member is a victim. The accommodation cannot create an undue hardship on the employee. Employers may require an employee to provide documentation that supports the need for the accommodation. Examples may include, but are not limited to:

• A transfer or reassignment;
• Modified work schedule;
• A new work telephone number; or
• Any other accommodation necessary to ensure the safety of the employee, the company, or other employees.

No changes were made.

Anti-Retaliation

Employers are prohibited from disciplining, discharging, denying employment or a promotion, discriminating or threatening to take any adverse action against employees for exercising their rights under the law, including requesting a reasonable accommodation, participating in legal proceedings, or for requesting or taking domestic violence leave. Employees are also protected from retaliation when an act of domestic violence is committed against the employee at the workplace.

Employers are also prohibited from:

• Denying an eligible employee from using their leave; or
• Requiring an employee to find a replacement worker to take domestic violence leave.

Posting

Employers must post a notice on the provisions of the law in a conspicuous area of the workplace.

No changes were made.

Recordkeeping

Employers must retain records of the hours employees took for domestic violence leave. These records must be kept for at least two years and be made available for inspection, upon request from the Labor Commissioner. Employers must exclude the employee's name from the record, unless a request is for the purpose of an investigation

No changes were made.