Beginning January 1, 2018, an employee who has been employed with his/her employer for at least 90 days and is a victim of an act of domestic violence or whose family or household member is a victim of an act of domestic violence, will be entitled to leave and reasonable accommodations.
Leave Obligations
Under Senate Bill 361, the employee may take up to 160 hours of leave within the 12-month period immediately following the date on which he/she or his/her family or household member is subjected to an act of domestic violence. A family or household member is defined as a spouse, domestic partner, minor child, or “parent or other adult person who is related within the first degree of consanguinity or affinity to the employee, or other adult person who is or was actually residing with the employee at the time of the act.” The leave may be:
- Paid or unpaid by the employer;
- Used consecutively or intermittently; and
- Used (i) for the diagnosis, care or treatment of a health condition; (ii) to obtain counseling or assistance; (iii) to participate in a court proceedings; or (iv) to establish a safety plan, including any action to increase the safety of the employee or the employee’s family or household member.
Any leave taken must be deducted from the leave the employee is entitled to take under the state domestic violence leave law and from the amount of leave the employee is entitled to take under the FMLA. Employers may require that employees provide documentation evidencing the need for leave such as police reports, copies of applications for protection orders, affidavits from victims’ organizations, or documentation from a physician. Any documentation provided must be kept confidential and maintained consistent with the requirements of the FMLA.
Accommodation Obligations
In addition to leave, employers must also provide reasonable accommodations for employees who are victims of domestic violence or whose family or household members are victims of domestic violence. Potential accommodations include: (i) transfers or reassignments; (ii) modified schedules; (iii) new work telephone numbers; or (iv) other reasonable accommodations that do not create undue hardships and that are necessary to ensure the safety of the employee and the workplace.
Recordkeeping and Postings
Employers are required to maintain a record of the hours of leave taken pursuant to this law for each employee for a two year period following the entry of such information in the record. Upon request, employers must make these records available for inspection by the Nevada Labor Commissioner.
The state Labor Commissioner is expected to prepare a bulletin that employers will be required to post in a conspicuous location in each workplace maintained by the employer. Click here for a copy of the bulletin and additional details on employer obligations.
Action Required
You should modify your policies and/or practices as appropriate to ensure that your supervisors are prepared to receive and respond leave requests and requests for reasonable accommodation or notify an appropriate company representative of such request.
As always, please feel free to contact your Human Resources Business Partner if you have any questions.