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January 11, 2024
Effective January 1, 2024, Nevada expanded its domestic violence leave protections to include employees who are victims of sexual assault or whose family or household member is a victim of sexual assault. See Assembly Bill No. 163.
Leave. Under existing Nevada law, employees employed for at least 90 days who are victims of domestic violence are entitled to up to 160 hours of leave in a 12-month period. Assembly Bill No. 163 expands that law to include employees who are victims of sexual assault or whose family or household member is a victim of sexual assault. Such leave: (1) may be paid or unpaid; (2) must be used within the 12 months immediately following the date on which the domestic violence or sexual assault occurred; (3) may be used continuously or intermittently; and (4) under certain circumstances, must be deducted from leave permitted by the Family and Medical Leave Act. For a two-year period, employers must maintain a record of the leave taken and make those records available for the Labor Commissioner’s inspection.
Accommodations. Assembly Bill No. 163 also expands employers’ reasonable accommodations obligations to include victims of sexual assault or employees whose family or household member is a victim of sexual assault. The accommodations may include a transfer or reassignment, a modified schedule, a new telephone number for work, or any other reasonable accommodations that will not create an undue hardship but are necessary to ensure the safety of the employee.
Anti-Retaliation. Assembly Bill No. 163 amended Nevada’s anti-retaliation provision for domestic violence victims to include victims of sexual assault. It is unlawful for any employer to discharge, discipline, discriminate against in any manner, or deny employment or promotion to, or threaten to take any such action against, an employee because (1) the employee requested to use hours of leave under this law; (2) the employee participated as an interested party in court proceedings related to an act that constitutes domestic violence or sexual assault and triggered the use of leave under this law; (3) the employee requested an accommodation under this law; or (4) an act that constitutes domestic violence or sexual assault was committed against the employee in the employee’s workplace.
Unemployment Benefits. Assembly Bill No. 163 prohibits Nevada from denying unemployment benefits to an employee who left employment to protect themselves or a family or household member from domestic violence or sexual assault, provided the employee actively engaged in an effort to preserve employment.
Employer Takeaways. Employers should review this new law and update their leave, accommodation, and anti-retaliation policies accordingly. Employers also should update any posted employment notices to reflect the amended law.
*Special thanks to Ava Petrellese, our Paralegal, for her contributions to this article.
This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice. Always consult an attorney with specific legal issues.
