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Nevada FMLA

Most Nevada state leave laws apply to only public-sector employees, except those concerning pregnancy leave (all employers that grant paid or unpaid leave to employees for sickness or disability must do the same for those who are pregnant).

Public-Sector Employers:

Nevada's family and medical leave laws are nearly identical to their federal counterpart. Qualified employees (those employed for at least 12 months by a state agency with 50 or more employees, having worked at least 1,250 in the 12 months prior to the leave) are entitled to 12 workweeks of unpaid leave during a "rolling" 12-month period, measured backwards from the date an employee uses any qualifying family and medical leave for the following reasons:

  • For the birth of a child or to care for the employee's newborn child.
  • For placement of a child with the employee for adoption or foster care.
  • To care for the employee's spouse, parent (not counting parents through law) or child with a serious health condition.
  • For the employee's own serious health condition.

Notice and Certification

Employees requesting leave without pay must supply their employer with a notice of their leave at least 30 days prior to it, if possible. Agencies may require certification from a healthcare provider to support the reason for leave. During FMLA leave, employers may also request for the employee to submit a statement of intent to return to work every two weeks.

Continuation of Benefits

During FMLA leave the state must maintain an employee's group health coverage on the same basis as if the employee had been working during the leave period, however employees must continue to pay any share of any health plan premiums they paid before prior to taking the leave.

Substitution of Paid Leave

Accrued annual leave may be substituted, at the agency's or employee's option, for any FMLA-qualifying purpose without limitation. Accrued sick leave may similarly be used as long as the leave is needed to care for a qualified family member with a serious health condition, or for the employee's own serious health condition (doesn't apply in any situation where the employer wouldn't normally allow the use of sick leave).

Accrued annual and sick leave can also be used during the 12-week period provided for the birth or adoption of a child, though sick leave may only be used in the event the mother of the child is physically incapacitated due to childbirth or if either parent is caring for a child with an authorized medical need. If a husband and wife are both employees of the state, they are entitled to an aggregate total of 12 workweeks of leave for the birth or adoption of a child.

Intermittent Leave

FMLA leave may be taken intermittently or on a reduced leave schedule under certain circumstances, with the approval of the state employer.

FMLA laws in Nevada

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