The hardest part of leaving an abusive situation is rarely the decision. It is the logistics. The protective order hearing is on a Tuesday morning downtown. The locksmith can only come during business hours. The counselor has one opening and it is at two in the afternoon. The bank needs you in person to separate the accounts. Every one of those appointments collides with a shift, and for a lot of workers in Nevada the fear of losing a paycheck is exactly what keeps them from making the calls at all.
Nevada law anticipates that problem. The state requires employers to give eligible workers a substantial block of leave specifically to deal with the aftermath of domestic violence, and it makes retaliation for using that leave unlawful. Most employees have never heard of the provision. A surprising number of supervisors have not either, which is how a lawful leave request turns into a write up, a schedule cut, or a termination three weeks later.
What follows is what the Nevada statute actually says, what it deliberately does not say, and what your options look like when an employer treats a protected request as a problem to be managed.
What Nevada domestic violence leave actually provides
The governing statute is NRS 608.0198. An employee who has been employed by an employer for at least 90 days, who is a victim of an act which constitutes domestic violence or whose family or household member is a victim, and who is not the alleged perpetrator, is entitled to not more than 160 hours of leave in one 12 month period.
One hundred sixty hours is four full work weeks on a standard schedule. That is a serious entitlement, and three features of it get misread constantly.
First, the leave may be paid or unpaid by the employer. The statute leaves that choice to the employer. Nevada secures you the time away and the job protection that goes with it. It does not require that the hours arrive with a paycheck attached, though many workers can stack accrued paid time off alongside the leave so the weeks are not financially catastrophic.
Second, the hours must be used within the 12 months immediately following the date on which the act which constitutes domestic violence occurred. That deadline runs from the incident, not from the day you told your employer and not from the day you finally felt able to act. Wait long enough and the entitlement quietly expires.
Third, the leave may be used consecutively or intermittently. You do not have to take it in one block. Four hours for a hearing this week, a full day for a relocation next month, two hours for a counseling appointment after that. Intermittent use is expressly permitted, which matters because that is how these appointments actually fall.
Who qualifies and what counts as domestic violence in Nevada
The leave statute borrows its definition from NRS 33.018, the same provision Nevada courts use for protective orders. That definition has two halves, and both have to be satisfied.
The first half is the relationship. The act must have been committed against a spouse or former spouse, a person related by blood or marriage, a person with whom the victim is or was in a dating relationship, a person with whom the victim has a child in common, the minor child of any of those people, or a person who is the custodian or legal guardian of a minor child. Siblings and cousins fall outside the definition unless a custodial or guardianship relationship exists.
The second half is the act itself. Battery and assault are the obvious ones. The definition also reaches coercion, sexual assault, false imprisonment, pandering, and a knowing, purposeful or reckless course of conduct intended to harass, which by statute includes stalking, arson, trespassing, larceny, destruction of private property, injuring or killing an animal, burglary and home invasion.
Two consequences of that structure are worth naming plainly. Sexual assault does qualify when it is committed by someone in one of the listed relationships. And a worker whose family or household member is the victim is covered as well, not only the person who was directly harmed. A parent taking a child to a forensic interview and then to a court date is squarely inside the statute.
The four things the leave can be used for
Nevada does not hand out 160 hours of unrestricted time off. The statute names four permitted uses, and an employer is entitled to expect the hours to be spent on one of them.
- Diagnosis, care or treatment of a health condition related to an act which constitutes domestic violence committed against the employee or a family or household member.
- Obtaining counseling or assistance related to such an act.
- Participating in any court proceedings related to such an act.
- Establishing a safety plan, including without limitation any action to increase the safety of the employee or the family or household member from a future act of domestic violence.
That fourth category is broader than most people assume. A safety plan is not a document. It is whatever concretely reduces exposure to the person causing harm. Changing locks, relocating, moving a child to a different school, opening separate accounts, sitting down with an advocate to plan a move, all of it fits the language the Legislature chose.
Notice, documentation and the confidentiality you are owed
The notice rule is one of the more sensible parts of the statute, because it recognizes that a crisis does not schedule itself. After taking hours of leave upon the occurrence of the act which constitutes domestic violence, an employee must give not less than 48 hours advance notice for further leave. The emergency itself does not require advance warning. The follow up appointments do.
An employer may require documentation confirming that the leave is being used for a permitted purpose. Qualifying documentation includes a police report, a copy of an application for an order for protection, an affidavit from an organization that provides services to victims of domestic violence, or documentation from a physician. You should not have to narrate the abuse to a supervisor. Handing over one qualifying document is the whole of the obligation.
Whatever you provide is confidential. The statute directs that documentation be retained by the employer in a manner consistent with the requirements of the federal Family and Medical Leave Act. Separately, an employer must maintain a record of the hours of leave taken by each employee for a two year period and make those records available to the Labor Commissioner on request. If a manager circulates your protective order paperwork around the department, that is a serious problem on its own, independent of whatever else follows.
What your employer is forbidden from doing
The statute is unusually direct here. An employer shall not deny an employee the right to use hours of leave in accordance with the conditions of the section. An employer shall not require an employee to find a replacement worker as a condition of using the leave. An employer shall not retaliate against an employee for using the leave.
The middle prohibition is violated most often, and it is almost never framed as a denial. Nobody says no. What happens instead is a shift supervisor telling a server she can go to her hearing as soon as she finds somebody to cover the floor. That is a denial dressed up as flexibility, and Nevada law does not permit it.
Retaliation is rarely announced either. It arrives as a sudden performance concern from a manager who had never documented one before, a schedule cut to hours that no longer cover rent, removal from the section or the route that carried the good tips, exclusion from the meetings that matter, or a termination attributed to a policy nobody else has ever been fired under. Timing is evidence. When the write ups begin within weeks of a protected request and nothing else about the job changed, that sequence deserves scrutiny. Our overview of wrongful termination claims in Nevada walks through how these patterns get proven, and the same evidentiary habits show up in matters about being fired after requesting medical leave.
One further requirement quietly helps employees. The Labor Commissioner is directed to prepare a bulletin setting forth these rights and to require all employers to post it in a conspicuous location in each workplace maintained by the employer. If no such notice exists anywhere in your building, that absence says something about how seriously the obligation is being treated.
Nevada’s second retaliation statute, NRS 613.223
The leave statute is not the only protection. Nevada also has NRS 613.223, which sits in a different chapter and reaches further. It bars any employer in the state from discharging, disciplining or discriminating against an employee for four listed reasons. Denying employment or promotion is barred too. Even a threat to take one of those actions is covered.
- The employee requested to use hours of leave under NRS 608.0198.
- The employee took part as a witness or interested party in court proceedings related to that act of domestic violence.
- The employee requested an accommodation under NRS 613.222.
- An act which constitutes domestic violence was committed against the employee in the workplace.
The fourth reason deserves attention. When an abuser shows up at a casino floor or a warehouse, some employers quietly remove the person who was targeted. They call it a safety decision. Nevada law treats it as unlawful discrimination against the victim.
Enforcement runs on two tracks. NRS 608.0198 belongs to the wage chapter the Labor Commissioner enforces. Under NRS 608.195, violating that chapter is a misdemeanor. The Labor Commissioner may also impose an administrative penalty of not more than $5,000 for each violation. The employer’s own leave records support that process. NRS 608.0198 requires those records to be kept for two years. Names are excluded unless the request is for an investigation. The civil track is district court. The filing deadline depends on how the claim is framed. Several employment tort theories run on the two year period in NRS 11.190(4)(e). That clock starts at the adverse action, not at the leave request. It closes faster than people expect.
What the statute does not give you
Being honest about the limits matters as much as describing the rights, because a misunderstanding here can cost somebody a job.
NRS 608.0198 is a leave statute. By its own terms it does not require an employer to provide workplace accommodations such as a transfer to another property, a changed work station, a new direct phone line, or a permanently modified schedule for safety reasons. Many employers will agree to those things when asked, and other legal theories can sometimes reach them, but the domestic violence leave statute is not itself the source of that duty. An employee who assumes otherwise and simply stops appearing at an assigned location is exposed.
The statute also does not make the leave paid, does not extend beyond 160 hours in a 12 month period, and does not cover an employee who is the alleged perpetrator. You can read the full text of NRS 608.0198 yourself, which is worth doing before any conversation with a human resources department.
The safety accommodation duty in NRS 613.222
The gap described above is filled by a separate statute. NRS 613.222 requires an employer to make reasonable accommodations which will not create an undue hardship. The duty runs to an employee who is a victim of domestic violence, or whose family or household member is a victim. The statute gives examples. A transfer or reassignment. A modified schedule. A new telephone number for work. Any other reasonable accommodation deemed necessary to ensure the safety of the employee, the workplace, the employer or other employees.
As a result, the transfer or schedule change the leave statute leaves out can still be required by law. The employer may ask for documentation confirming why the accommodation is needed, so the same paperwork usually serves both requests. Undue hardship is a genuine defense, but it has to be an actual assessment. An employer that never engaged with the request is poorly placed to argue hardship later.
Accommodations address the risk before harm happens. When violence reaches the workplace and leaves someone with serious physical injuries, the employment statutes protect the job. The injuries themselves may support a separate civil claim against whoever caused them or failed to prevent them. Our catastrophic injury practice handles that side of the harm, and the two matters can proceed together.
How this leave fits with other Nevada protections
Domestic violence leave does not exist in isolation, and stacking the available protections is usually how a household gets through the month.
Nevada separately requires private employers with 50 or more employees in the state to provide paid leave under NRS 608.0197, accrued at a rate of at least 0.01923 hours of paid leave for each hour of work performed, and usable beginning on the 90th calendar day of employment. Employers in their first two years of operation are excused from that requirement. Paid leave hours and domestic violence leave hours come from different statutory buckets, and using one does not automatically consume the other.
Federal Family and Medical Leave Act rights may also apply where a serious health condition is involved, whether that condition belongs to the employee or to a covered family member. The Nevada statute expressly contemplates coordination with the federal scheme rather than treating the two as alternatives.
Outside the workplace, NRS 118A.345 lets a tenant or cotenant terminate a rental agreement because of domestic violence, harassment, sexual assault or stalking, effective at the end of the current rental period or 30 days after written notice to the landlord, whichever occurs sooner. The incident must have occurred within the 90 days immediately preceding the notice, documentation is required, the tenant still owes rent through the termination date, and the security deposit must not be withheld because of the early termination. For a family trying to move quickly and quietly, that provision and the leave statute are built to work together.
How the hours count against federal leave and who counts as family
Two details in the statute change how the 160 hours play out. First, NRS 608.0198 addresses overlap with the federal Family and Medical Leave Act. Hours used for a reason that also qualifies under that Act must be deducted from both entitlements. The two do not stack into a longer combined leave. A worker who qualifies under both laws is drawing down both balances at once.
Second, the statute defines family or household member on its own terms. It covers a spouse, a domestic partner and a minor child. It also covers a parent or other adult related within the first degree of consanguinity or affinity. Finally, it covers any other adult who was actually residing with the employee when the act occurred. In other words, a roommate or a live-in partner qualifies, while an adult sibling living elsewhere generally does not.
The statute also does not shrink anything else you already have. Its provisions do not limit or abridge other rights, remedies or procedures. They do not prohibit any contract or agreement that provides a more generous leave or paid leave benefit. If a handbook or union agreement promises more, that promise still stands.
When the leave request becomes the problem
Document the request. Ask in writing where you can, and if the first conversation happened in a hallway, follow it with a short message repeating what you asked for and when. Keep copies of any documentation you handed over and note who received it. Save the schedules from before and after. Screenshots of a scheduling app are ordinary evidence, and they are gone the moment the app rolls over to a new period.
Watch for the pretext. If the stated reason for discipline is a rule nobody has ever been written up under, or a performance standard that appeared for the first time after your request, that gap is the case. Where the conduct also involves sex based harassment or discrimination, a separate body of law applies and separate agency deadlines begin running, which we address in our discussion of what to do after being fired after reporting discrimination.
Move reasonably quickly. Employment claims run on deadlines considerably shorter than most people expect, agency charges have their own filing windows, and evidence such as schedules, security footage and internal messaging has a short practical life. An early conversation costs nothing and preserves options that disappear later. Our Nevada employment attorneys can tell you which route fits the facts you actually have.
If you asked for domestic violence leave in Nevada and your employer denied it, demanded that you find your own coverage, or turned on you afterward, The Bourassa Law Group offers a free consultation. We will listen to what happened, explain how Nevada law applies to your situation, and tell you honestly whether there is a claim worth pursuing. There is no cost and no obligation for that conversation.
This article is general information about Nevada law and is not legal advice. Reading it does not create an attorney client relationship, and the outcome of any matter depends entirely on its own facts.
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