Nevada Family and Medical Leave Laws

In 1993, the Family and Medical Leave Act (FMLA) was signed into law. The FMLA provides employees of eligible businesses with the right to take much needed leave from work without having to worry about losing their jobs. As with many federal statutes, each individual state adds its own codicils to the law. In Nevada, variances on the federal leave laws apply only to public-sector employees. In cases other than pregnancy, employees who work for private employers defer to the federal Family Medical Leave Act guidelines when taking leave for medical or family issues. fake mc malaysia

Nevada public and private employers that grant paid or unpaid leave to employees for sickness or disability must do the same for employees who are pregnant.

Public-Sector Employers

Nevada’s family and medical leave laws for public employees are basically identical to the federal guidelines. Qualified employees are entitled to 12 weeks of unpaid leave during a 12-month period. To be considered qualified, employees must have worked least 12 months for a state agency with 50 or more employees and accumulated at least 1, 250 worked hours in the 12 months prior to taking leave.

State employees can take leave for the following reasons:

  • For the birth of, or to care, for the employee’s newborn child;
  • For placement of an adopted or foster child;
  • To care for the employee’s child, spouse or parent (in-laws are not included) who has a serious medical condition;
  • For the employee’s own serious health condition.


Notice and Certification

If possible, employees should request leave in writing at least 30 days prior to the beginning of the leave. Employers are allowed to ask for medical certification documenting the need for the leave. They may also request that the employee submit a statement of intent to return to work every two weeks during the leave period.

Continuation of Benefits

During an employee’s leave, the state must maintain his or her group health coverage on the same basis as if the employee had been working. Employees must continue paying their share of health plan premiums to ensure coverage.

Substitution of Paid Leave

State employees can substitute accrued paid leave for unpaid FMLA-qualifying absences. Accrued sick leave may be used if the leave is needed to care for a qualified family member or for the employee’s own serious health condition.

Accrued annual and sick leave can also be used during the 12-week period provided for the birth or adoption of a child. Sick leave may only be used in the event that the mother is physically incapacitated due to the childbirth. If either parent is caring for a child with an authorized medical need, he or she can use paid accrued leave. If the mother and father are both state employees, they are entitled to a total of 12 weeks of leave following the birth or adoption of a child.


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