Nevada Paid Sick Leave Laws

Various states, cities, and municipalities have enacted legislation requiring employers to provide paid time off (PTO) for employees to use when they are sick. Learn more about this type of leave, called paid sick leave, and what’s required in the state of Nevada.

What is Paid Sick Leave?

Paid sick leave is a benefit that allows employees to take time off from work due to illness, injury, or other health-related issues without foregoing pay. The purpose of paid sick leave is to ensure that employees can recover from illness without the financial pressure of losing income. It also helps prevent the spread of contagious diseases in the workplace by encouraging sick employees to stay home.

There are no federal laws in place that mandate the provision of paid sick leave. The Family and Medical Leave Act (FMLA) allows qualified employees to take unpaid leave for certain health conditions.

The Families First Coronavirus Response Act (FFCRA) enacted temporary requirements for certain employers, granting up to two weeks of paid sick leave to employees who couldn’t work due to COVID-19 (diagnosis, symptoms, required quarantine, etc.) However, this legislation expired at the end of 2020.

Does Nevada Have Paid Sick Leave Laws That Differ from Federal Paid Sick Leave Laws?

Yes, the law in Nevada differs from the federal law. Certain employers are required to provide paid sick leave.

Are There Requirements to be Eligible for Paid Sick Leave in Nevada?

Employers in Nevada with 50 or more employees and two years of history are required to provide paid sick leave. Employees must work 12+ hours per week to be eligible.

Is There a Minimum Amount of Paid Sick Time Required in Nevada?

The accrual rate for paid sick leave for eligible employees is 0.01923 hour for every 1 hour worked. There is no minimum, but the maximum is 40 hours per week.

What Can PSL be Used for in Nevada?

Paid sick leave earned in Nevada may be used by the employee to attend to their own physical or mental sickness, injury, or other ailment. Additionally, they can use their leave to care for an immediate family member (includes spouse, child, domestic partner, parent, sibling, parent-in-law, grandparent, stepchild, and any individual for whom the employee is a legal guardian).

Is Paid Sick Leave Required to be Carried Over Each Year in Nevada?

If an employer uses the accrual-based system for paid sick leave, they must allow employees to carry over a minimum of 40 hours to the next year. Employers using the upfront method (offering the full amount as a lump sum at the start of the year) do not have to allow for carryover.

Is Paid Sick Leave (PSL) Different from Paid Time Off (PTO) in Nevada?

Yes, paid sick leave is a required benefit for employers with 50+ employees. Paid time off is not required to be provided.

Common Nevada Paid Sick Leave Laws FAQs

How much paid sick leave am I entitled to take and be paid for in Nevada?

You can take up to 40 hours of paid sick leave in a year in Nevada if you work for an employer with at least 50 employees and work at least 12 hours per week.

Does paid sick leave apply to all employees who work in Nevada?

No, paid sick leave only applies to those working for employers with 50+ employees and working 12 or more hours a week. Employers with fewer than 50 employees are not required to offer sick leave, paid or unpaid.

Which employees are exempt or partially exempt from the paid sick leave law in Nevada?

Employees who work for smaller employers (under 50 employees) are exempt from the paid sick leave law. Those who work fewer than 12 hours a week are also exempt. Independent contractors are not employees, so they do not receive paid sick leave.

Additionally, temporary, part-time, and seasonal employees, federal employees, and those covered under a collective bargaining agreement may be exempt or partially exempt.

Do I have to notify my employer before taking sick leave in Nevada?

The requirement to notify an employer before taking sick leave is based on company policy.

Can I be disciplined for taking a sick day or using paid sick leave in Nevada?

The law protects employees from retaliation by their employer for using paid sick leave. However, you must comply with your company’s policy around notifying the employer and providing required documentation. Employees found to be misusing paid sick leave or violating company rules may face discipline.

WorkforceHub, a time and labor platform, can help your company manage any requirements associated with accruals. Learn more and try it for free today.

Nevada Sick (Leave)

SB 312 Paid Leave