Having a baby, caring for a family member, and treating a serious health condition are all valid reasons for taking a leave of absence under FMLA — the Family and Medical Leave Act — federal law. But Nevada employees may also have leave entitlements under state law, such as a paid leave law that went into effect in 2020.
So, what are your obligations as an employer under FMLA in Nevada, and what do you need to do when an employee requests a leave of absence? Let’s look at some FMLA-qualifying reasons for leave in Nevada, as well as state-specific alternatives for employees who aren’t eligible for FMLA leave.
What Is FMLA in Nevada?
The federal Family and Medical Leave Act (FMLA) is a law enforced by the Wage and Hour Division of the U.S. Department of Labor. It applies to eligible employees in all 50 states. Some states have their own versions of FMLA, which enshrine FMLA rights in state law — but there’s no equivalent Family Medical Leave Act under Nevada law.
If an employee qualifies for FMLA in Nevada, they can take up to 12 weeks of unpaid leave in a 12-month period for any of the following reasons:
- The adoption or birth of a child
- The placement of a child in foster care
- To care for a family member with a serious injury or medical condition
- To treat their own serious health condition
- To care for a covered service member or deal with a qualifying exigency related to active-duty military service
FMLA leave is job-protected leave, which means that employees who meet the eligibility requirements for this type of leave are entitled to return to the same job or an equivalent position. They must also be allowed to keep their health insurance while on leave as long as they continue to pay their portion of the premium.
Who Qualifies for FMLA in Nevada?
Employees must meet a few conditions to qualify for FMLA in Nevada. First, they must work for a “covered employer,” which the DOL defines as:
- A federal, state, or local government agency
- A public or private school or educational department
- A private employer with at least 50 employees working 20 or more workweeks in the current or previous calendar year
They must also meet the following criteria:
- Have worked for their employer for at least 12 months
- Have performed at least 1,250 hours of work in the previous 12 months
- Work at a job site with at least 50 employees in a 75-mile radius
This means that if an employee’s work location is in Reno, but most of your employees work in Las Vegas, they may not qualify for FMLA in Nevada. They may still be eligible for a different type of leave under Nevada law or your own personal leave policy.
Alternatives to FMLA in Nevada
Although Nevada doesn’t have its own version of the Family and Medical Leave Act, it does have several laws of its own that provide various kinds of leave entitlements:
Paid Leave
Nevada’s paid leave law went into effect on January 1, 2020, and requires employers with 50 or more employees to provide 0.01923 hours of paid leave for every hour an employee works. Employees don’t have to provide a reason for using their accrued leave, meaning they can use it for sick leave, personal leave, or any other reason.
Domestic Violence Leave
Nevada provides up to 160 hours of leave in a 12-month period for employees who are experiencing domestic violence. They can also use this leave to assist family members, such as domestic partners, who are themselves experiencing domestic violence.
Parental Involvement Leave
Nevada’s family leave laws include a provision for “parental involvement” leave, which allows parents to take up to four hours of leave per school year to:
- Participate in school activities or events
- Go to parent-teacher conferences
- Volunteer at their child’s school
This law only applies to employers with at least 50 employees, and the employer may request documentation with five school days’ notice for this type of leave request.
Does FMLA Cover Military Leave in Nevada?
There are a few different types of leave related to military service that an employee can take in Nevada — including leave for active-duty service members and their families.
Military leave is for reserve and active-duty military members. The Uniformed Services Employment and Reemployment Rights Act (USERRA) allows employees in the course of training or deployment to take unpaid leave from their jobs for up to five years.
Federal employees can take up to 15 days of paid military leave per year, and so can state employees in Nevada. Private employers aren’t required to provide paid military leave, but they can choose to pay the difference between the employee’s salary and their military pay as part of their company policy.
Military family leave allows an employee’s spouse to take time off work to deal with matters related to a service member’s deployment or a qualifying exigency. Military caregiver leave under FMLA provides up to 26 weeks of leave to care for a family member who became ill or injured as part of their military service.
FMLA in Nevada: Policies and Best Practices
Meeting your obligations as an employer can be complicated, especially if multiple leave laws apply. Your human resources team may have to comply with laws at both the state and federal levels. Follow these best practices when administering FMLA in Nevada:
Request Appropriate Documentation
It’s an employer’s responsibility to verify an employee’s eligibility for FMLA leave. If an employee requests leave for medical reasons, you can request a medical certification from their health care provider to confirm their eligibility.
You need to give them at least five business days to provide this documentation and must store it separately from other personnel files. When you use a leave of absence automation platform like Pulpstream, you can reduce the need for printed paperwork and store FMLA documentation safely and securely in the cloud.
Track Leave Accurately
Eligible employees are entitled to 12 weeks of FMLA leave per year, but that doesn’t need to be taken all at once or for the same reason. Intermittent FMLA leave applies when an employee takes small increments of leave for an ongoing condition.
Whether a leave period is continuous or intermittent, it’s important to track it accurately to ensure that you honor your employees’ FMLA rights without exceeding their leave entitlements.
Consider Alternatives to FMLA
Employers with fewer than 50 employees aren’t covered by FMLA in Nevada, but they may still be covered by other employment laws like the Americans with Disabilities Act (ADA). Employers with at least 15 employees may be required to provide leave as a reasonable accommodation if an employee has an ADA-qualifying disability.
Navigate FMLA in Nevada With Pulpstream
Employees in Nevada have access to several different kinds of leave, including medical leave and military leave. The Family and Medical Leave Act (FMLA) allows for up to 12 weeks of leave for certain personal and medical situations, while Nevada law provides for paid leave, domestic violence leave, and parental involvement leave.
Pulpstream helps you navigate the complexities of Nevada leave laws with our intuitive cloud-based platform. Employees can submit leave requests online, and your HR team can assess leave eligibility, track leave balances, and request supporting documents. Plus, everyone gets automatic email or SMS notifications every step of the way.
Request a 30-minute demo to see how Pulpstream can make a difference!
