Nevada requires paid leave for COVID-19 vaccination

08/05/2021

Author: ADP Admin/Tuesday, August 3, 2021/Categories: Compliance Corner

Nevada has enacted legislation (Senate Bill 209) that amends its paid leave law to require paid leave for COVID-19 vaccination. Senate Bill 209 is effective immediately and is set to expire on December 31, 2023.

Background:

Currently, Nevada employers with 50 or more employees that have been in business for at least two years must provide employees with paid leave that the employee may use for any purpose. Covered employees accrue0.01923 hours of paid leave for each hour worked, which they may use for any purpose.

Senate Bill 209 requires these employers to provide up to four hours of paid leave for COVID-19 vaccination until December 31, 2023.

Senate Bill 209:

Covered employers must provide two consecutive hours of paid leave for a one-dose COVID-19 vaccine or two consecutive hours of paid leave per absence (a total of 4 hours of paid leave) for a two-dose vaccine.

Note: Employers that provide an on-premises vaccination clinic where an employee can receive a vaccine during regular work hours are not required to provide such leave.

Employee Notice:

Employees must provide an employer with at least 12 hours of notice before using paid leave.

Employer Notice:

Employers will be required to post a bulletin of employee rights in a conspicuous location in each workplace they maintain. The Nevada Labor Commissioner will prepare the bulletin and post it to its website.

Recordkeeping:

Employers are required to maintain a record of the receipt or the accrual and use of paid vaccine leave for each employee for at least one year. They must also, upon request, make those records available for inspection by the Labor Commissioner.

Employer Restrictions:

Senate Bill 209 prohibits an employer from:

  • Denying an employee the right to use lawful paid leave;
  • Requiring an employee to find a replacement as a condition of using the paid leave;
  • Retaliating or taking any adverse action against an employee for using their paid leave.

Compliance Recommendations:

Covered employers should review their policies and procedures to ensure compliance with Senate Bill 209. Please contact your dedicated service professional with any questions.

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