United States: Nevada Mandates Employer Provided Leave And Accommodations For Victims Of Domestic Violence

The 2017 Nevada Legislature saw a flurry of proposed legislation directly and indirectly affecting private employment in the state of Nevada.   One of the proposed measures is Senate Bill 361 which was approved by Governor Sandoval on March 8, 2017.   Senate Bill 361, designated simply as an Act relating to domestic violence, becomes fully effective January 1, 2018.

The Act amends Chapter 608 of the Nevada Revised Statutes ("NRS") to require Nevada employers to provide leave to employees who are victims of domestic violence, or whose family or household members are victims of domestic violence.  The Act also imposes certain record keeping requirements on Nevada employers regarding domestic violence leave.  Finally, the Act amends NRS Chapter 613 to require employers to provide reasonable accommodations for, and prohibit, certain discriminatory acts against these same employees.

Section 1 of the Act provides that the term "domestic violence" has the meaning ascribed in NRS 33.018.   NRS 33.018, which deals with orders for protection against domestic violence, defines domestic violence as any of the certain prohibited acts that are committed against specified persons.  The prohibited acts include assault, battery, sexual assault, compelling by force or threat of force, false imprisonment, and unlawful or forcible entry of a residence if there is a reasonably foreseeable risk of harm. The list of prohibited acts also includes purposeful or reckless conduct intended to harass such as stalking, arson, trespass, larceny, destruction of property, injuring or killing an animal, or carrying a concealed weapon without a permit.  The foregoing acts constitute domestic violence if committed by a person upon the person's: spouse, former spouse and any other person related by blood or marriage.  It also includes persons with whom the person is residing or has resided, has or has had a dating relationship, or with whom the person has a child in common.  It also includes the minor child of any of those persons, the person's minor child or any other person who has been appointed the custodian or legal guardian for the person's minor child.

The term "family or household member" is defined to mean 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 which constitutes domestic violence.

Leave Obligations

An employee who has been employed by the employer for at least 90 days and is a victim of domestic violence or whose family or household member is a victim of domestic violence is entitled to domestic violence leave under the Act.  However, an employee is not entitled to leave where a family or household member is the victim and the employee is the alleged perpetrator.  Under the Act, an eligible employee may take up to 160 hours of leave within 12 months immediately following the date on which domestic violence occurred. Leave may be paid or unpaid and may be used consecutively or intermittently. Leave under the Act must be deducted from leave permitted by the Family and Medical Leave Act of 1993 (FMLA) where the domestic violence leave is used for a reason for which leave may also be taken under the FMLA.

Under the Act, an eligible employee may take leave for specifically enumerated reasons related to an act of domestic violence against the employee or the employee's family or household member:

  • for the diagnosis, care or treatment of a health condition;
  • to obtain counseling or assistance;
  • to participate in a court proceedings; or
  • to establish a safety plan, including any action to increase the safety of the employee or the employee's family or household member.

Employers may require an employee seeking domestic violence leave to provide documentation such as police reports, copies of applications for protection orders, affidavits from victims' organizations, or documentation from a physician to support the employee's use of leave. The documentation must be kept confidential and be maintained consistent with the requirements of the FMLA.  While the new law does not appear to require an employee to provide advance notice prior to taking initial leave following an occurrence of violence, after the initial leave employees must provide 48 hours' notice to their employers if they wish to take additional hours of leave.

Recordkeeping

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. Employers must exclude the names of the employees from the records requested, unless a request for a record is for the purpose of an investigation.  These records should be kept confidential.

Accommodation Obligations

In addition to leave rights, employers must also provide reasonable accommodations for employees who are victims of domestic violence or whose family or a household member is a victim of domestic violence. The employer may require documentation that supports an employee's request for accommodation.

Potential accommodations include:

  • transfers or reassignments;
  • modified schedules;
  • new work telephone numbers; or
  • other reasonable accommodations that do not create undue hardships and that are necessary to ensure the safety of the employee and the workplace.

While the Act is clear that the employer is not required to make an accommodation that constitutes an undue hardship it does not define the term.  That said, the Nevada Legislature defined "undue hardship" in the Nevada Pregnant Workers' Fairness Act which amended NRS 613.335.  This definition may provide guidance to employers in interpreting undue hardship under this Act relating to domestic violence.

Unlawful Practices

Sections 1 and 7 of Act prescribe several related and overlapping discriminatory and unlawful acts.  Section 1 specifies that an employer may not deny an employee the right to use leave, require an employee to find a replacement worker or retaliate against an employee for using leave.  Section 1 of the Act which includes the leave provisions will be codified in NRS Chapter 608 and will be enforced by the Labor Commissioner pursuant under NRS 608.180.  Pursuant to NRS 608.195 a violation of Section 1 may result in a criminal misdemeanor.  In addition to other remedies, the Labor Commissioner may impose an administrative penalty up to $5,000 for a violation of Section 1.

On the other hand, the accommodation obligations under Sections 6 and the unlawful practice provisions of Section 7 of the Act will be codified in Chapter 613.  Section 7 provides that it is unlawful for an employer to discharge or discriminate against or threaten to take action against an employee because of one of the following reasons:

  • The employee requested to use hours of leave;
  • The employee participated as a witness or interested party in court proceedings related to an act of domestic violence which triggered leave;
  • The employee requested an accommodation; or
  • An act of domestic violence was committed against the employee in the workplace.

Effective Date and Notice

The Act went into effect on June 8, 2017 for purposes of adopting regulations and performing administrative tasks to carry out its provisions.  It becomes effective for all other purposes on January 1, 2018.

The Nevada Labor Commissioner has been tasked with preparing a bulletin which sets forth the rights to benefits under this law and will post this bulletin on the Office of Labor Commissioner website once it is available. Employers will be required to post this bulletin in a conspicuous location in each workplace maintained by the employer.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
Ogletree, Deakins, Nash, Smoak & Stewart
McLane Middleton, Professional Association
 
In association with
Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Ogletree, Deakins, Nash, Smoak & Stewart
McLane Middleton, Professional Association
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions