Nevada: Amendment to Domestic Violence Leave Regulation

Recently, the Nevada Legislature passed AB 163 (Bill) in order to expand the Nevada Domestic Violence Leave Law to include employees and their family or household members, who are victims of Sexual Assault. The amendments shall become effective on January 1, 2024.    

Currently, employers must allow eligible employees and their family or household members to take up to 160 hours of unpaid domestic violence leave. Eligible employees must be provided leave for the following circumstances:

• • For the diagnosis, care or treatment of a health condition related to domestic violence against the employee or the employee’s family or household member;
  • To obtain counseling or assistance related to an act of domestic violence;
  • To participate in any court proceedings; or
  • To establish a safety plan, including (without limitation) any action to increase the safety of the employee or the employee’s family or household member from a future act of domestic violence.  

After taking any hours of leave due to the occurrence of domestic violence, an employee must provide 48 hours’ advance notice to his or her employer of the need to use additional hours of leave. To qualify, an employee needs to have been employed for 90 days.

Effective January 1, 2024, the bill shall expand Nevada’s domestic violence leave law, to include employees who are victims, or whose family or household members are victims, of sexual assault. Leave must be used within 12 months and may be used consecutively or intermittently. The existing law otherwise remains largely the same, including the amount of leave given. 

To qualify, an employee will needs to have been employed for 90 days. These benefits exclusively apply to employees who, or employees whose family and household members, are the victim of sexual assault, but not to individuals accused of perpetrating such acts.

Duration of Leave – Employees who qualify shall be entitled to a maximum of 160 hours of leave within a 12-month period directly after the occurrence of sexual assault. The leave can be either paid or unpaid and allows for intermittent use. 

Reasons for Leave – The bill also lays down reasons for leave such as – 

• • seeking health care or counseling due to the assault; 
  • attending related court proceedings; and 
  • formulating a safety plan. 

Any taken leave that would also qualify as FMLA leave must be deducted from not only the employee’s domestic violence or sexual assault leave, but also from any FMLA leave for which an employee is eligible.

Notice Requirement – Employees must also give at least 48 hours of advance notice and, if requested by employers, substantiating documentation of the assault, to take the protected leave. 

Takeaway – Nevada employers will need to update their leave policies, and update their posted employment notices to reflect recent legislation seeking to accommodate sexual assault victims prior to the effective date.

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