Vacation Leave
50 or more employees
Nevada labor laws require employers with 50 or more employees to provide employees with at least 0.01923 hours of paid leave for each hour worked. Other rules, regulations, and limitations apply. NV Statute 608.0197; NV Labor Commissioner – Paid Leave
See our Nevada Paid Leave Law page for more information.
Fewer than 50 employees
Nevada laws do not require employers with fewer than 50 employees to provide employees with vacation benefits, either paid or unpaid. See NV Labor Commissioner – Paid Leave
An employer may lawfully establish a policy or enter into a contract denying employees payment for accrued vacation leave upon separation from employment. See NV Labor Commissioner – Paid Leave
An employer may also lawfully establish a policy or enter into a contract disqualifying employees from payment of accrued vacation upon separation from employment if they fail to comply with specific requirements, such as giving two weeks notice or being employed as of a specific date of the year. See NV Labor Commissioner – Paid Leave
An employer is required to pay accrued vacation to an employee upon separation from employment if its policy or contract requires it. See NV Labor Commissioner – Paid Leave
An employer is not required to pay accrued vacation leave upon separation from employment if the employer’s established policy or employment contract is silent on the matter. See NV Labor Commissioner – Paid Leave
An employer may cap the amount of vacation leave an employee may accrue over time. See NV Labor Commissioner – Paid Leave
An employer may implement a “use-it-or-lose-it” policy requiring employees to use their leave by a set date or lose it. See NV Labor Commissioner – Paid Leave
Sick Leave
Nevada law does not specifically require employers to provide employees with sick leave benefits. However, the following rules apply related to sick leave:
- Employers may required employees to notify them if the employees will not be able to report to work due to sickness or injury
- Employers may not required employees to be physically present to notify employees they will not be able to report to work due to a non-work-related sickness or injury.
If an employer chooses to provide sick leave benefits, it must comply with the terms of its established policy or employment contract. An employer does not need to pay an employee from accrued sick leave upon separation from employment unless required by policy or contract.
Also, Nevada labor laws require employers with 50 or more employees to provide employees with at least 0.01923 hours of paid leave for each hour worked. Other rules, regulations, and limitations apply. NV Statute 608.0197; NV Labor Commissioner – Paid Leave An employer cannot prohibit an employee from using their paid and accrued leave for sick leave purposes.
See our Nevada Paid Leave Law page for more information.
An employer in Nevada may be required to provide an employee unpaid sick leave in accordance with the Family and Medical Leave Act or other federal laws.
Paid Leave
Beginning on January 1, 2020, employers in Nevada with 50 or more employees are required to provide employees with paid leave as explained below. Employees may take the paid leave for any reason they choose consistent with the limitations set by the law and as required by their employers. NV Statutes 608.0197, NV Labor Commissioner – Paid Leave
See our Nevada Paid Leave Law page for more information.
Holiday Leave
Nevada law does not require private employers to provide employees with either paid or unpaid holiday leave. In Nevada, a private employer can require an employee to work holidays. A private employer does not have to pay an employee premium pay, such as 1½ times the regular rate, for working on holidays, unless such time worked qualifies the employee for overtime under standard overtime laws. If an employer chooses to provide either paid or unpaid holiday leave, it must comply with the terms of its established policy or employment contract.
State holidays
Visit our Nevada State Holidays page for a list of holidays recognized and observed by the state of Nevada as well as information regarding state laws governing holiday leave for public employers and employees.
Jury Duty Leave
An employer is not required to pay an employee any wages for time spent complying with a jury summons or serving on a jury.
An employer may not discharge an employee or threaten an employee with discharge for responding to a jury summons or serving on a jury.
An employer may not require an employee responding to a jury summons or serving on a jury to:
- use sick leave or vacation time; or
- work:
- within eight (8) hours before the time at which he is to appear for jury duty; or
- between 5:00 p.m. on the day of his appearance for jury duty and 3:00 a.m. the following day, if his service has lasted for four (4) hours or more on the day of his appearance for jury duty, including his time going to and returning from the place where the court is held.
Voting Leave
Nevada law requires employers to provide paid voting leave to employees for whom it is impractical to vote before or after work, as follows:
- One (1) hour – if the voting place is two (2) miles or less from the employee’s workplace;
- Two (2) hours – if the voting place is more than two (2) miles but not more than ten (10) miles from the employee’s workplace;
- Three (3) hours – if the voting place is more than ten (10) miles from the employee’s workplace.
The employer may require employees to request leave prior to the day of the election. The employer can set the time for leave to vote to minimize the impact on business operations.
An employer who violates this law is guilty of a misdemeanor – up to 180 days jail or $1,000 fine or both.
Bereavement Leave
Nevada law does not require employers to provide employees bereavement leave or leave to attend funerals. Bereavement leave is leave that is taken by an employee due to the death of another individual, usually a close relative. Employers may choose to provide bereavement leave and may be required to comply with any bereavement policy or practice they maintain.
Family and Medical Leave Act
Nevada employers must adhere to the Family and Medical Leave Act (FMLA), which allows all employees who are eligible to take unpaid leave for a variety of reasons.
Under the FMLA, all eligible workers are granted a maximum of 12 weeks of unpaid leave for a variety of issues.
If an employer in the state of Nevada has at least 50 employees for at least 20 weeks in the previous or the current year, then they must adhere to the FMLA.
Employees have the right to this FMLA leave if they have worked for the same company for at least one year if they have worked a minimum of 1250 hours during the previous year, and if they have worked at a location that has a minimum of 50 employees within a 75-mile area.
Under the FMLA, employees may take leave to care for a family member with a severe health problem, to bond or care for a new child, to recover from a severe health issue, to handle qualifying circumstances arising out of the military service of a family member, or to care for a family member who has suffered a serious injury during active military duty.
In Nevada, under this FMLA, employees can take up to 12 weeks of leave in a one-year time span. This leave is renewed every 12 months, as long as the said employee continues to meet all eligibility requirements as discussed above. If the reasons for leave are due to providing care to a military member, up to 26 weeks of leave may be taken in a single year.
Employees who take these leaves are then entitled to continue their health insurance during that leave at the same cost as while they are working. FMLA leave is unpaid, but employees may be required or allowed to use accrued paid leave during this time. When the leave ends, an employee is entitled to be reinstated to the same or an equivalent position.
Nevada Leave for School Activities
According to Nevada law, employers are not allowed to harass, threaten to fire, or fire an employee who has to attend a conference that is requested by an administrator of their child’s school, or because the employee is notified during work hours of an emergency regarding the child.
If an employer has at least 50 employees, they must allow eligible employees receive a maximum of four hours per school year to go to a school activity during school hours, attend school-sponsored events, attend PT conferences, and volunteer or be involved at the child’s school.
Nevada Domestic Violence Law
Nevada then also has a domestic violence leave law, which states that employers must provide unpaid off time to any employee who is the victim of domestic violence, or who has a family member who is a victim of domestic violence. This includes a domestic partner, a spouse, parent, a child, or an adult living with the employee when the domestic violence occurs.
All employees are eligible for this as long as they have been employed for at least 90 days, in which case they are entitled to up to 160 hours of unpaid leave within a one-year period. This leave can be taken to obtain counseling services, to participate in court proceedings, create a safety plan, or seek a medical diagnosis or treatment.
Nevada Pregnancy Accommodations
As of October 2017, all employers in the state of Nevada who have 15 or more employees must provide reasonable accommodations to all employees for reasons such as childbirth, pregnancy, and related medical conditions, unless it would cause hardship to the company.
