Effective January 1, 2018 Nevada’s Senate Bill 361 requires all Nevada private employers to provide leave to eligible employees who are (or whose family or household members who are) victims of domestic violence, sexual assault, or stalking.

Summary

The new law covers all Nevada private employers.

Under the new law, an employee is eligible for this leave if the following criteria are met:

  • The employee has been employed by the employer for at least 90 days and

  • The employee or the employee’s family or household member is a victim of domestic violence, sexual assault, or stalking.

For purposes of this law, the term “family member” means the employee’s spouse, domestic partner; minor child; or parent or other adult person who is related within the first degree of consanguinity or affinity to the employee, or other adult person who is or was actually residing with the employee at the time of the act which constitutes domestic violence.

An employee is not eligible for this leave where a family member is the victim and the employee is the alleged perpetrator.

Eligible employees can take up to 160 hours of leave within 12 months immediately following the date on which domestic violence occurred. Time off can be taken for the following purposes:

  • for the diagnosis, care or treatment of a health condition;

  • to obtain counseling or assistance;

  • to participate in court proceedings; or

  • to establish a safety plan, including any action to increase the safety of the employee or the employee’s family or household member.

Employers can require that employees provide documentation (e.g. police reports, copies of applications for protection orders, affidavits from victims’ organizations, or documentation from a physician) to support the employee’s use of leave. This documentation must be kept confidential by the employer.

In addition to leave rights, the new law also requires that employers provide reasonable accommodation for employees who are (or whose family or a household member are) victims of domestic violence. Possible reasonable accommodations include, but are not limited to:

  • transfers or reassignments;

  • modified schedules;

  • new work telephone numbers; or

  • other reasonable accommodations that do not create undue hardships and that are necessary to ensure the safety of the employee and the workplace.

Record Keeping and Notice Requirements

Under the new law, employers are required keep records relating to the amount of leave an employee takes for this purpose for a period of two years following the start of a leave. These records must be kept confidential, but are subject to inspection by the Nevada Labor Commissioner.

In addition, the official notice must be posted and can be downloaded at the link below:

http://labor.nv.gov/uploadedFiles/labornvgov/content/About/Forms/Domestic%20Violence%20Victims%202017.pdf

Text: https://www.leg.state.nv.us/Session/79th2017/Bills/SB/SB361_EN.pdf