Global Compliance Desk – Nevada
Nevada: Amendment to Domestic Violence Leave Regulation
Recently, the Nevada Legislature passed AB 163 (Bill) to expand the scope of the Nevada Domestic Violence Leave Law. The amendments shall become effective on January 1, 2024.
The current law requires an employer to provide up to 160 hours of leave to an employee who has been employed by the employer for at least 90 days and who is a victim of an act that constitutes domestic violence, or such an employee whose family or household member is a victim of an act which constitutes domestic violence. The leave may be paid or unpaid.
The bill aims to broaden the coverage of Nevada’s domestic violence leave law to include sexual assault as a qualifying reason for employees to be eligible for the leave.
Hence effective January 1, 2024, employers shall also be required to provide a maximum of 160 hours of leave in each 12 months for an employee who is a victim of an act that constitutes sexual assault or whose family or household member is a victim of an act which constitutes sexual assault.
Leave must be used within 12 months and may be used consecutively or intermittently. The leave can be either paid or unpaid and allows for intermittent use. The existing law otherwise remains largely the same, including the eligibility, reasons, and duration of leave.
Reasons for Leave – The reasons for taking leave shall be as follows –
- For the diagnosis, care, or treatment of a health condition related to an act that constitutes sexual assault committed against the employee or family or household member of the employee;
- To obtain counseling or assistance related to an act that constitutes sexual assault committed against the employee or family or household member of the employee;
- To participate in any court proceedings related to an act that constitutes sexual assault committed against the employee or family or household member of the employee; or
- To establish a safety plan, including, without limitation, any action to increase the safety of the employee or the family or household member of the employee from a future act that constitutes sexual assault.
Any taken leave that would also qualify as FMLA leave must be deducted from not only the employee’s domestic violence or sexual assault leave but also from any FMLA leave for which an employee is eligible.
Notice Requirement – Employees must also give at least 48 hours of advance notice and, if requested by employers, substantiating documentation of the assault, to take the protected leave.
Takeaway – Nevada employers will need to update their leave policies, and update their posted employment notices to reflect recent legislation seeking to accommodate sexual assault victims before the effective date.
