When you’re under the weather, the last thing you should worry about is losing your job. In Nevada, like many other states, there are specific laws designed to protect employees when they need to take time off for illness or to care for a loved one. However, understanding your rights can be confusing. So, let’s dive into what you need to know about sick leave rights in Nevada.
Nevada Paid Sick Leave Laws
Unlike some states, Nevada does not have a statewide paid sick leave law for all workers. However, Nevada employerswith 50 or more employees are required to provide paid sick leave as part of a broader paid leave law. This law mandates that eligible employees accrue sick leave benefits over time, which can be used when you’re sick or need to care for an immediate family member.
How Sick Leave Accrues in Nevada
Under Nevada leave laws, employees accrue 0.01923 hours of paid sick leave for every hour worked, as long as they are employed full-time or part-time. Part-time employees may accrue sick leave at a slower rate, depending on their number of hours worked.
If you work at a company that provides sick leave, the employer must pay employees for the sick leave that accrues. Typically, employees can take paid sick leave after they have worked for the company for a specific period, such as 90 days. Employers cannot retaliate or fire you for using sick leave when you’re unwell or need to care for a family member.
Unpaid Sick Leave and Federal Protections
If you work for an employer that is not subject to Nevada’s paid sick leave laws or if you’ve exhausted your paid sick leave, you may still be entitled to unpaid leave. The Family and Medical Leave Act (FMLA) provides protections for employees who need time off for serious health conditions, medical treatment, or to care for a loved one.
For employees who are not covered by Nevada’s paid sick leave laws, or when paid sick leave has been exhausted, unpaid leave under FMLA ensures that you have the time needed to address health concerns without the fear of losing your job.
FMLA applies only to companies with 50 or more employees within a 75-mile radius and requires that the employee has worked at least 1,250 hours in the past year. If you’re eligible, FMLA offers 12 weeks of unpaid leave during which time your job and benefits (such as group health benefits) aren’t impacted. Since this leave is job-protected, you cannot be fired or retaliated against for taking it. It also covers a wide range of situations, such as caring for a newly adopted child or dealing with a family member’s serious health condition.
Rights for Part-Time Employees and On-Call Workers
On-call workers and part-time employees have the same rights as full-time workers, but their leave may be prorated based on their work hours. For example, a part-time employee who works fewer hours may not accrue as much sick leave. Still, they are entitled to the same protections under Nevada leave laws and federal family medical leave actswhen it comes to taking time off for health reasons.
Laws Protecting Employees’ Sick Leave Rights in Nevada
Nevada employees are entitled to a range of protections when it comes to sick leave, medical leave, and job security during times of illness. Several state and federal laws provide these protections, ensuring that employees can take time off to recover from illness or care for family members without fear of retaliation or job loss. Below are the key laws that protect sick leave rights in Nevada:
1. Nevada Paid Sick Leave Law (Nevada Statutes 608.019)
- Who It Applies To: Private employers with 50 or more employees.
- What It Requires: Employers must provide paid sick leave to eligible employees. Employees begin accruing sick leave at a rate of 0.01923 hours for every hour worked, up to a total of 40 hours of paid sick leave per year. Sick leave can be used for the employee’s illness, to care for a sick family member, or for other qualifying medical reasons.
- Accrual and Usage: Employees can use accrued sick leave for personal illness, caring for a family member, or medical appointments. Sick leave can be used in increments of at least 1 hour.
2. Family and Medical Leave Act (FMLA)
- Who It Applies To: Employers with 50 or more employees within a 75-mile radius.
- What It Requires: FMLA guarantees eligible employees up to 12 weeks of unpaid leave in a 12-month period for serious health conditions, pregnancy, the birth of a child, or to care for a family member with a serious health condition. The leave is job-protected, meaning the employee must be reinstated to their original job or an equivalent position when they return.
- Eligible Employees: Employees must have worked for their employer for at least 12 months and have at least 1,250 hours of work in the previous year.
3. Nevada’s Family Leave Law (Nevada Revised Statutes 608.020)
- Who It Applies To: Employers with 50 or more employees.
- What It Requires: Nevada’s Family Leave Law provides job-protected leave for employees who need time off for certain family and medical reasons, such as caring for a newly adopted child or a seriously ill family member. While the law does not mandate paid leave, it ensures that employees cannot be fired or discriminated against for taking family leave.
4. Americans with Disabilities Act (ADA)
- Who It Applies To: Employers with 15 or more employees.
- What It Requires: The Americans with Disabilities Act requires employers to provide reasonable accommodations for employees with disabilities, including those with chronic health conditions, so long as it does not cause undue hardship on the employer. This may include providing time off for medical treatment or modifications to the work environment.
- Reasonable Accommodations: This can include paid or unpaid sick leave, schedule adjustments, or temporary reassignment of job duties to allow the employee to continue working.
5. Pregnancy Discrimination Act (PDA)
- Who It Applies To: Employers with 15 or more employees.
- What It Requires: Under the Pregnancy Discrimination Act (PDA), employers must treat pregnant employeesthe same as other temporarily disabled employees when it comes to leave and job assignments. This includes providing paid maternity leave or sick leave if other employees are entitled to it. Employers must also allow time off for medical conditions related to pregnancy, childbirth, or recovery.
6. Nevada Statutes Regarding Jury Duty Leave (Nevada Revised Statutes 16.030)
- Who It Applies To: All employers in Nevada.
- What It Requires: Employers are required to provide leave for employees summoned for jury duty. While Nevada law does not require employers to pay employees during jury duty leave, it prohibits employers from firing or retaliating against employees for serving on a jury.
7. Nevada Military Leave Law (Nevada Revised Statutes 281.085)
- Who It Applies To: Employers in Nevada, including private employers.
- What It Requires: Nevada employees who are members of the Nevada National Guard or Reserve Military Service are entitled to leave for active duty, training, or service. Employers cannot discriminate against employees for taking military leave, and they must reinstate employees to their position after returning from service.
Additional Protections and Rights
- Sick Leave for Caregivers: Nevada law allows employees to take paid sick leave to care for family members, including children, parents, and spouses, who are ill or injured.
- Collective Bargaining Agreements: In some cases, union agreements may provide more generous sick leave benefits than those required by law. Employees who are covered by a collective bargaining agreement should refer to the specific terms outlined in their agreement.
When Can You Be Denied Sick Leave?
Employers are allowed to deny sick leave requests if an employee does not meet the required qualifications for accrued paid sick leave, such as working for the company long enough or if the employee has exhausted their sick leave balance. In some cases, Nevada employers may also have collective bargaining agreements with unions that specify different terms for sick leave, which could also affect the amount of leave you are entitled to.
Filing a Claim When Your Sick Leave Is Wrongfully Denied
If you believe your sick leave has been wrongfully denied, you have legal rights to protect you under both state and federal laws. In Nevada, employees are entitled to paid sick leave under the state’s paid leave laws, and the Family and Medical Leave Act (FMLA) also provides protections for eligible employees needing medical leave. Here’s what you can do if your sick leave is wrongfully denied:
Understand Your Rights
Before taking any action, it’s crucial to know your rights. If your employer has promised or is required by law to provide sick leave, they cannot deny you access to it without a valid reason. Under Nevada law, employees accrue paid sick leave for every hour worked, and employers are required to allow you to use that leave when needed for your own illness or to care for a family member.
Document the Situation
Start by documenting the details surrounding the denial. Keep a record of any communication with your employer about your sick leave request, including emails, written notes, and any verbal conversations. This documentation will be essential if you decide to pursue a claim.
Review Your Employer’s Policy
Check your employer’s sick leave policy and the terms of your employment. Ensure that you have met all the requirements, including providing the appropriate notice, and that you qualify for sick leave under the company policy. In some cases, employers may deny leave due to failure to follow specific procedures, even if the leave is otherwise valid.
Attempt to Resolve the Issue Internally
If you feel that your sick leave has been wrongfully denied, the first step is to speak with your employer or human resources department. Ask for clarification on why your request was denied, and see if there’s a way to resolve the issue internally. Sometimes, misunderstandings or administrative errors can be easily fixed without legal action.
File a Complaint with the Nevada Labor Commissioner
If internal resolution efforts are unsuccessful, you can file a formal complaint with the Nevada Labor Commissioner’s office. This office enforces Nevada’s paid leave laws and can investigate your claim if you believe your sick leave rights have been violated. You can submit your complaint online or in person, and the Labor Commissioner’s office will review the facts of your case.
Consider Filing a Lawsuit
If the issue is still unresolved after filing a complaint with the Labor Commissioner, you may need to consider filing a civil lawsuit. A wrongful denial of sick leave may be a violation of state laws, and you could potentially pursue damages for lost wages or other harm caused by the denial. You may also have grounds for a claim if you were retaliated against for taking or requesting sick leave.
Consult with an Attorney
If you’re unsure about your next steps or want to explore your legal options, consulting with an experienced employment law attorney is crucial. They can help you understand your rights, the strength of your case, and whether pursuing a claim is in your best interest.
Conclusion
In summary, sick leave rights in Nevada can be complex, but if you’re an eligible employee, you may be entitled to paid or unpaid sick leave depending on the size of your employer and how long you’ve worked there. Always check with your employer about their paid sick leave policy, and if you’re facing difficulty in using your leave or if you think your leave request is being wrongfully denied, it may be a good idea to seek legal advice.
If you’re unsure about your rights, whether you’re dealing with unpaid sick leave, medical leave, or a denial of your rights, don’t hesitate to reach out to us. We can help guide you through your options and ensure your rights are protected.
Contact Bourassa Law Group today for a free consultation. Our experienced employment law attorneys are here to provide you with the legal support you need.
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