Paid Leave Soon to be the Law in Nevada January 2020

Following suit with other states, Nevada will soon require employers with 50 or more employees to provide general paid leave to all employees. This include full-time and part-time employees, but excludes temporary, on-call, and seasonal employees.

Effective January 1st, 2020, employers must provide “at least 0.01923 hours of paid leave per hour of work performed.” This means that an employee who works 40 hours a week for a whole year will accrue 40 hours of paid leave. This paid leave can be used for any reason, in fact your employee does not have to give you a reason. Still, employees must give a “reasonable” amount of notice before using their paid leave.

Upon separation of employment, you are not required to pay an employee for any unused paid leave, but you do have to reinstate any unused paid leave if that employee is rehired within 90 days.

As an employer, you have some decisions to make regarding how this paid leave is administered:

· You have the option of granting leave by front loading hours on the first day or on an accrual basis.

· You can decide the minimum number of hours employees must use at one time, not to exceed 4 hours.

· Employees can carry over their accrued hours from year-to-year, but you may limit the amount carried over to 40 hours (but no less).

· You can decide to prevent new hires from using their accrued paid leave until their 90th calendar day of employment.

If your paid leave policy meets or exceeds the requirement of this law, you can continue your current policy as is. However, if you do not have a paid leave policy or yours is not up to the above standards, you have until January 1st, 2020 to become compliant. This law is enforced by the Labor Commissioner and if you are not compliant, you could be subject to penalties including up to a misdemeanor charge.