Nevada Paid Leave Law

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

How many hours of paid leave do employees accrue?

Under Nevada Statutes 608.0197, employers with 50 or more employees must provide employees, except temporary, seasonal or on-call employees, at least 0.01923 hours of paid leave for each hour of work performed. Employees with fewer than 50 employees are not required to provide employees with the paid leave benefits required by this law.

May an employee carry over paid leave from one year to the next?

Employers must allow employees to carry over from one benefit year to the other no more than 40 hours of accrued but unused paid leave.  Employees will lose all hours beyond 40 hours to the following benefit year unless the employer voluntarily permit a larger amount.

What pay rate applies when employees take paid leave?

An employer must pay employees for used paid leave at the rate of pay at which the employee is compensated at the time such leave is taken.  Also, employers must pay employees for the paid leave on the same payday as the hours taken are normally paid.

How many hours of leave must employees take each time?

An employer may set a minimum increment of paid leave that an employee may use at any one time not to exceed four (4) hours.

Does an employer have to pay an employee for unused leave at the end of employment?

An employer is not required to pay employees for accrued but unused paid leave when they are separated from employment, regardless of the reason.  If an employee is rehired within 90 days and the employee had not voluntarily resigned, the employer must restate to the employee any previously unused paid leave hours.

What are some of the other rules regarding paid leave?

An employer:

  • may require an employee to working for the employer for 90 calendar days before they may take paid leave.
  • must allow employees to take paid leave without providing the reason for such use.
  • may require employees to provide notice of their need to take paid leave as soon as practicable.
  • may not require an employee to find a replacement worker as a condition of using paid leave available for use by that employee
  • may not retaliate against an employee for using paid leave available for use by that employee.
  • may provide greater benefits that those required by the law.

Do employers have any record keeping requirements?

An employer must maintain records of each employee’s receipt, accrual, and use of paid leave for one (1) year period following each event.

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