A Nevada law going into effect on January 1, 2018, will require employers to provide 160 hours of leave to an employee who is a victim of domestic violence if the employee has worked for at least 90 days.

The 160 hours of leave can be taken in a block or intermittently during a 12-month period following the date on which the domestic violence occurs. An employer can choose whether the leave will be paid or unpaid.

Other provisions of the new law include:

  • A reference to Nevada Revised Statute (NRS) 33.018 for a definition of what constitutes domestic violence.

  • A description of the purposes for which eligible employees may use the hours of leave, including the treatment of a health condition related to an act that constitutes domestic violence, counseling or assistance related to an act that constitutes domestic violence, participation in court proceedings related to an act that constitutes domestic violence, or to establish a plan to increase the employee's safety or to protect against future acts of domestic violence.

  • A prohibition against denying leave to an eligible employee or retaliating against an eligible employee for using or requesting leave.

  • A provision allowing employers to require documentation supporting the reason for the requested leave.

  • A requirement that employers make reasonable accommodations for employees who are victims of domestic violence or have family members who have been subjected to domestic violence.

The Nevada Labor Commissioner has issued a "Domestic Violence Bulletin" that sets forth employees' rights to the benefits created under this law. This bulletin must be posted in "a conspicuous location in each workplace maintained by the employer."

Ballard Spahr's Labor and Employment Group routinely assists employers in all aspects of employer/employee relations, including monitoring and advising on revisions to legislation.

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