On June 9, 2021, Nevada Governor Steve Sisolak signed into law Senate Bill 209 and Assembly Bill 190.SB 209 (1) requires private employers to provide employees with up to four hours of paid leave to receive the COVID-19 vaccine, and (2) expands the reasons for leave under Nevada’s Paid Leave Law. AB 190 allows employees to use a portion of their accrued employer-provided paid or unpaid sick leave to care for the employee’s immediate family member.
As of June 9, 2021 through December 31, 2023, a private employer employing 50 or more employees in Nevada must provide up to 4 hours of paid leave for an employee to receive the vaccine. An employee may take up to 2 hours for a single dose vaccine and up to 4 hours for a two-dose vaccine (2 hours per dose).
An employer that provides a clinic on-site where an employee can be vaccinated during his/her regular work schedule or an employer that is within its first two years of operation are exempt from this requirement.
An employee shall provide at least 12 hours of notice to his/her employer that the employee intends to use paid leave.
The Labor Commissioner has prepared a bulletin setting forth the benefits of the law. An employer shall post the bulletin in a conspicuous location in each workplace maintained by the employer. An employer shall maintain a record of the accrual and use of paid leave for each employee for one year.
As of January 1, 2020, private employers employing 50 or more employees in Nevada must provide up to 40 hours of paid leave to an employee. The employee could use paid leave without providing a reason to his/her employer for such use. SB 209 has amended the paid leave law to require that employees may use paid leave for any reason, including, but not limited to:
- Treatment of a mental or physical illness, injury, or health condition;
- Receiving a medical diagnosis or medical care;
- Receiving or participating in preventive care;
- Participating in caregiving; or
- Addressing other personal needs related to the health of the employee.
Immediate family member care
Beginning October 1, 2021, an employer that provides paid or unpaid sick leave to its employees must allow an employee to use any accrued sick leave to care for a member of his/her immediate family who has an illness, injury, medical appointment or other authorized medical need to the same extent and under the same conditions that apply to the employee when taking such leave. Notably, this law does not require an employer to provide sick leave.
Immediate family is defined to include a child, foster child, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, stepparent, and any person for whom the employee is the legal guardian.
An employer may limit the amount of sick leave that an employee may use to an amount equal to, but not less than, the amount of sick leave the employee would accrue during a 6-month period.
An employer may not deny an employee the right to use accrued sick leave to care for an immediate family member, nor can an employer retaliate against an employee for exercising his or her rights under the law.
The Labor Commissioner has prepared a bulletin for posting by an employer in a conspicuous location in the employer’s workplace.
The Labor Commissioner enforces the provisions of this law and may fine an employer up to $5,000 per violation.
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