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Nevada Domestic Violence Bulletin

Nevada Domestic Violence and Sexual Assault Leave Requirements

Nevada employers must comply with workplace leave and posting requirements that protect eligible employees affected by domestic violence or sexual assault. Nevada Revised Statutes (NRS) 608.0198 establishes qualifying leave rights, employer responsibilities, and employee protections.

The law originally addressed domestic violence and was expanded to include sexual assault, effective January 1, 2024. Employers should review the applicable requirements and display the official workplace notice.

Who Qualifies for Nevada Domestic Violence and Sexual Assault Leave?

Under NRS 608.0198, an employee generally qualifies for protected leave when the employee has worked for the employer for at least 90 days and:

  • Is a victim of domestic violence or sexual assault; or
  • Has a qualifying family or household member who is a victim of domestic violence or sexual assault.

The employee must not be the alleged perpetrator of the qualifying act.

How Much Leave Is Available?

Eligible employees may receive up to 160 hours of leave during a qualifying 12-month period.

The leave may be paid or unpaid by the employer, depending on applicable policies, agreements, and legal requirements.

Qualifying leave must generally be used within the 12 months immediately following the domestic violence or sexual assault incident. Leave may be taken consecutively or intermittently.

When qualifying leave also falls under the federal Family and Medical Leave Act (FMLA), applicable concurrent leave provisions may apply.

What Can Nevada Domestic Violence Leave Be Used For?

Eligible employees may use protected leave for qualifying activities related to domestic violence or sexual assault, including:

  • Obtaining diagnosis, care, or treatment for a related physical or mental health condition.
  • Obtaining counseling or assistance related to the incident.
  • Participating in court proceedings related to domestic violence or sexual assault.
  • Establishing a safety plan or taking other qualifying actions to protect the employee or a family or household member.

Employer Responsibilities and Employee Protections

Nevada law prohibits employers from interfering with qualifying leave rights.

Employers generally may not:

  • Deny an eligible employee the right to use qualifying leave.
  • Require the employee to find a replacement worker as a condition of taking protected leave.
  • Retaliate against an employee for exercising protected leave rights.

Employers should maintain workplace policies that explain qualifying leave rights and provide appropriate procedures for requesting leave.

Can Employers Request Documentation?

Employers may request documentation supporting the reason for qualifying leave as permitted by Nevada law.

Examples may include a police report, protective order documentation, records from a victim assistance organization, or documentation from a healthcare professional.

Supporting documentation must be handled confidentially in accordance with applicable legal requirements.

Nevada Domestic Violence Leave Recordkeeping

Employers must maintain records of leave hours taken under NRS 608.0198 for two years following the entry of the information.

These records must be made available to the Nevada Labor Commissioner upon request, subject to applicable confidentiality and investigation requirements.

Is the Nevada Domestic Violence Leave Notice Mandatory?

Yes. Nevada law requires employers to display the official domestic violence and sexual assault leave bulletin in a conspicuous location at each workplace.

The notice informs employees about qualifying leave rights and protections established under state law.

The Nevada Office of the Labor Commissioner publishes official workplace notices, including the Domestic Violence and Sexual Assault Victim's Leave Bulletin.

Employers can review the current notice through the Nevada Labor Commissioner Employer Posters page.

Does Nevada Require Other Workplace Leave Notices?

Nevada employers may also be subject to additional workplace notice requirements involving paid leave, family sick leave, minimum wage, overtime, and other employment protections.

Employers should evaluate the requirements applicable to their workforce and business operations.

Nevada Labor Law Posters and Compliance Resources

Visit our Nevada Labor Law Posters page for state-specific workplace posting information and available compliance products.

Employers can also browse our State and Federal Combination Labor Law Posters or explore our Poster Replacement Plan for assistance managing applicable posting updates.

Frequently Asked Questions

Is Nevada domestic violence leave always paid?

No. Qualifying leave under NRS 608.0198 may be paid or unpaid, depending on applicable laws, employer policies, and agreements.

How many hours of protected leave are available?

Eligible employees may receive up to 160 hours of qualifying leave during the applicable 12-month period.

Does the law protect sexual assault victims?

Yes. Nevada expanded the law to include qualifying sexual assault victims and affected family or household members, effective January 1, 2024.

Must Nevada employers display the leave bulletin?

Yes. Employers must display the required notice in a conspicuous location in each workplace, as provided by Nevada law.

Where can employers obtain the official notice?

The official notice is available through the Nevada Office of the Labor Commissioner.

Compliance note: This article provides general educational information about Nevada domestic violence and sexual assault leave requirements. Employers should consult current Nevada statutes, regulations, and official agency guidance to determine their obligations.

Oct 4th 2019 Donny Butts - Compliance Specialist

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