🇺🇸 Nevada Paid Leave — 2026 UPDATE

Nevada Paid Leave Laws: Sick Leave, Family Leave & FMLA (2026)

⚠️Informational only — not legal or tax advice.

Last Updated: March, 2026
Last Reviewed: March, 2026
Applicable Period: 2026
Jurisdiction: State of Nevada, United States      
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter

How long is maternity leave in Nevada How long is paternity leave in Nevada

Table of Contents

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Introduction

Nevada requires private employers with 50 or more employees to provide paid leave under Nevada Revised Statutes § 608.0197, enacted as Senate Bill 312 (2019) and effective January 1, 2020. The statute is distinctive in that paid leave may be used for any reason — not limited to illness or caregiving — making Nevada one of only three states nationally with an “any-reason” paid leave mandate. Nevada does not operate a state-funded paid family and medical leave (PFML) program; workers requiring extended family or medical leave rely on the federal Family and Medical Leave Act (FMLA) and any employer-provided benefits. A separate provision under NRS § 608.01975 also requires employers who offer sick leave to allow employees to use a portion of that leave for immediate family members’ medical needs. The Office of the Labor Commissioner (OLC) administers paid leave requirements. This page compiles current requirements from the Nevada Office of the Labor Commissioner and the U.S. Department of Labor. For related Nevada employment topics, see the Nevada employment law overview and Nevada remote work laws.

Quick Reference — Nevada Paid Leave Snapshot

Nevada Paid Leave Snapshot (2026)
Category Status
Mandatory Paid Leave Yes — any-reason paid leave
Governing Statute Nev. Rev. Stat. § 608.0197 (Senate Bill 312, 2019)
Administering Agency Nevada Office of the Labor Commissioner
Covered Employers Private employers with 50 or more employees in Nevada; must have been in operation for more than 2 years
Eligible Employees All employees except temporary, seasonal, and on-call workers
Accrual Rate 0.01923 hours per hour of work performed
Annual Usage Cap 40 hours per benefit year
Carryover Up to 40 hours may carry over per benefit year (accrual-based employers); no carryover requirement for frontloaded employers
Use Begins 90th calendar day of employment
Paid Family & Medical Leave Program No — Nevada does not have a state PFML program
PFML Program Name N/A — Federal FMLA only
PFML Weekly Benefit N/A
FMLA Applies Yes (federal baseline)
Information Current As Of March 2026

Sources: Nevada Office of the Labor Commissioner — https://labor.nv.gov · Nevada Legislature, NRS Chapter 608 — https://www.leg.state.nv.us/nrs/nrs-608.html · U.S. DOL FMLA — https://www.dol.gov/agencies/whd/fmla

Does Nevada Require Paid Sick Leave?

Nevada requires private employers with 50 or more employees to provide paid leave under Nev. Rev. Stat. § 608.0197, administered by the Nevada Office of the Labor Commissioner (labor.nv.gov). The law, enacted through Senate Bill 312 during the 2019 legislative session and effective January 1, 2020, mandates paid leave that employees may use for any reason — including illness, personal matters, and caregiving — without providing justification to the employer. Nevada’s approach places it among a small group of states, alongside Illinois and Maine, that mandate broad-purpose paid leave rather than leave restricted to health-related qualifying events.

A companion provision, NRS § 608.01975, separately requires employers who provide any paid or unpaid sick leave — regardless of whether they are covered by the SB 312 mandate — to allow employees to use that sick leave to assist an immediate family member with an illness, injury, medical appointment, or other authorized medical need. The two provisions operate in parallel and are each administered by the Nevada Office of the Labor Commissioner. (Nevada OLC SB 312 Bulletin)

Which Employers Are Covered?

NRS § 608.0197 applies to private employers with 50 or more employees in Nevada. Two categories of employers are exempt from the mandate:

  • Employers in their first two years of operation are not required to comply.
  • Employers who already provide a paid leave policy (pursuant to a contract, policy, collective bargaining agreement, or other agreement) that provides paid leave in an amount and under conditions that are at least as generous as the requirements of NRS § 608.0197 are exempt from the statute’s requirements.

Nevada has no local paid sick leave ordinances in any municipality that overlay or expand on the state mandate. The state law establishes a uniform floor for all covered private employers.

(Nevada Legislature, NRS § 608.0197 — https://www.leg.state.nv.us/nrs/nrs-608.html)

Which Employees Are Eligible?

Under NRS § 608.0197, all employees of covered employers are eligible for paid leave except:

  • Temporary employees
  • Seasonal employees
  • On-call employees

There is no minimum hours-per-week threshold stated in the primary statute, though the accrual rate is tied directly to hours worked, meaning part-time employees who are not excluded by the above categories accrue leave proportionally to hours performed. The Office of the Labor Commissioner has noted that employees working fewer than 12 hours per week may have limited practical accrual under the formula.

Employees may begin using accrued paid leave beginning on the 90th calendar day of employment.

(Nevada OLC Advisory Opinion, SB 312 — https://labor.nv.gov/uploadedFiles/labornvgov/content/About/AO%20SB%20312%20Paid%20Leave.pdf)

Accrual, Frontloading & Caps

Nevada’s paid leave law gives employers two methods for providing leave:

Accrual method: Eligible employees accrue at least 0.01923 hours of paid leave for each hour of work performed. For a full-time employee working approximately 2,080 hours annually, this produces approximately 40 hours of accrued leave per year. Employers using the accrual method must allow employees to carry over accrued leave from one benefit year to the next, but may cap the amount carried over at a maximum of 40 hours per benefit year.

Frontloading method: Employers may, at the start of each benefit year, provide employees with the total number of hours of paid leave to which they are entitled for that year. Employers who frontload the full annual entitlement are not required to permit carryover of unused leave.

Additional provisions:

  • Employers may set a minimum increment of paid leave use, not to exceed 4 hours at any one time.
  • Unused paid leave is not required to be paid out upon separation from employment, unless the employer’s policy provides otherwise.
  • If an employer terminates and rehires an employee within 90 days, and the separation was not due to the employee voluntarily leaving, previously unused and accrued leave hours must be reinstated.
  • Employers must provide employees with an accounting of available paid leave hours on each payday.

(Nevada OLC SB 312 Bulletin — https://labor.nv.gov/uploadedfiles/labornvgov/content/employer/sb%20312%20paid%20leave%20english.pdf)

Qualifying Reasons for Paid Sick Leave

Because Nevada’s paid leave statute permits use for any reason, employees are not required to provide a reason when requesting leave. NRS § 608.0197(2)(b) enumerates the following non-exclusive examples of permitted uses, as clarified through Senate Bill 209 (2021 session):

  • Treatment of a mental or physical illness, injury, or health condition
  • Receiving a medical diagnosis or medical care
  • Receiving or participating in preventive care
  • Participating in caregiving for another person
  • Addressing other personal needs related to the health of the employee

Because leave may be used for any purpose, no documentation or medical certification is required, and employers may not condition the use of leave on an employee providing a reason.

(Nevada Legislature, NRS § 608.0197 — https://www.leg.state.nv.us/nrs/nrs-608.html)

Definition of Family Member for Companion Sick Leave Provision

Nevada’s primary paid leave statute (NRS § 608.0197) does not define “family member” because the leave may be used for any reason without restriction. However, the companion provision at NRS § 608.01975 — which requires employers to allow use of sick leave (paid or unpaid) for family medical needs — defines “immediate family member” as:

  • Child or foster child
  • Spouse
  • Domestic partner
  • Sibling
  • Parent
  • Mother-in-law or father-in-law
  • Grandchild
  • Grandparent
  • Stepparent
  • Any person for whom the employee is the legal guardian

Under NRS § 608.01975, an employer may limit the amount of sick leave used for family medical needs to no less than the amount the employee accrues in a 6-month period.

(Nevada Legislature, NRS § 608.01975 — https://www.leg.state.nv.us/nrs/nrs-608.html)

Pay Rate & Documentation

Employees using paid leave under NRS § 608.0197 are compensated at the rate of pay at which they would otherwise have been compensated for the hours during which leave was taken (i.e., the employee’s regular rate of pay). The regular rate of pay is the employee’s base hourly rate, exclusive of overtime premiums — for Nevada overtime rules, see Nevada overtime laws. Nevada’s current minimum wage, which sets the floor for paid leave calculations for the lowest-paid eligible workers, is documented at Nevada minimum wage.

Because employees are not required to provide a reason for leave use, employers may not require documentation or medical certification as a condition of using paid leave. Employees must give notice to the employer as soon as practicable when using paid leave; the statute does not specify a minimum advance notice requirement for foreseeable leave.

Employers are required to maintain records of paid leave accrual and use for each employee for a period of one year following the entry of the information, and must make those records available to the Office of the Labor Commissioner upon request.

(Nevada OLC SB 312 Bulletin — https://labor.nv.gov/uploadedfiles/labornvgov/content/employer/sb%20312%20paid%20leave%20english.pdf)

Retaliation Protections

NRS § 608.0197 prohibits employers from:

  • Denying an employee the right to use paid leave available under the statute
  • Requiring an employee to find a replacement worker as a condition of using paid leave
  • Retaliating against an employee for using paid leave

Violations of NRS § 608.005 through § 608.195, including the paid leave provisions, may constitute a misdemeanor under NRS § 608.195 and may also subject the employer to administrative penalties not exceeding $5,000 per violation, as imposed by the Office of the Labor Commissioner.

Paid leave complaints are filed with the Nevada Office of the Labor Commissioner. The OLC may be contacted at its Carson City office (1818 E. College Parkway, Suite 102, Carson City, NV 89706; (775) 684-1890) or its Las Vegas office (3340 W. Sahara Avenue, Las Vegas, NV 89102; (702) 486-2650). General complaint forms are available through labor.nv.gov.

(Nevada Legislature, NRS § 608.195 — https://www.leg.state.nv.us/nrs/nrs-608.html)

Nevada does not operate a state-funded paid family and medical leave (PFML) program. No state statute establishes a payroll-contribution-funded insurance system for paid family or medical leave in Nevada. Workers in Nevada who need extended leave for family bonding, a serious health condition, or other qualifying family and medical reasons rely on the federal FMLA (Section 4 below), which provides up to 12 weeks of unpaid, job-protected leave, and on any employer-provided paid benefits such as short-term disability insurance or employer PTO policies. In the 2025 legislative session, Assembly Bill 388 — which would have required employers with 50 or more employees to provide 12 weeks of paid family leave — was introduced but was vetoed by Governor Joe Lombardo and did not become law. Current bill tracking for any future paid family leave proposals is available through the Nevada Legislature at https://www.leg.state.nv.us.

Maternity, Paternity & Parental Leave in Nevada

How Long Is Maternity Leave in Nevada?

Nevada maternity leave duration depends on which protections apply to a given employee. The federal FMLA provides eligible employees up to 12 workweeks of unpaid, job-protected leave for the birth of a child and for bonding during the first year of the child’s life. Nevada does not have a state-funded paid family and medical leave program, so FMLA is the primary statutory entitlement for parental leave for most Nevada workers.

An employee covered by FMLA may take up to 12 weeks of unpaid leave for childbirth and newborn bonding. During this period, the employee’s group health insurance continues under the same terms as if the employee had continued working. Leave may be taken intermittently or in a reduced schedule when medically necessary.

Additionally, Nevada’s Pregnant Workers’ Fairness Act (Senate Bill 253, 79th Legislative Session) requires employers with 15 or more employees to provide reasonable accommodation to employees for conditions related to pregnancy or childbirth. Reasonable accommodation may include temporary modification of duties, leave, or other adjustments, to the extent that accommodation does not impose undue hardship on the employer. This protection operates separately from FMLA and may extend coverage to employees not yet FMLA-eligible.

The total duration of pregnancy-related leave available in Nevada is therefore determined by a combination of FMLA entitlement, any applicable employer accommodation under the Pregnant Workers’ Fairness Act, and employer-provided policies (including short-term disability insurance, if offered).

(U.S. DOL FMLA — https://www.dol.gov/agencies/whd/fmla) · (Nevada Legislature, NRS § 613.4353 — https://www.leg.state.nv.us/nrs/nrs-613.html)

Is Maternity Leave Paid in Nevada?

Nevada maternity leave is unpaid under both federal FMLA and the state Pregnant Workers’ Fairness Act. Nevada does not have a state-funded paid maternity leave program or a state temporary disability insurance (TDI) program that would provide wage replacement during pregnancy-related leave.

Available options for wage replacement during maternity-related leave in Nevada include:

  • Employer-provided short-term disability insurance: Some Nevada employers offer group short-term disability policies that may provide partial wage replacement during pregnancy disability and postpartum recovery. Participation is voluntary and varies by employer.
  • Employer PTO or sick leave: Employees may use accrued employer-provided PTO, vacation, or sick time concurrently with FMLA leave if the employer’s policy permits or requires such concurrent use.
  • Nevada mandatory paid leave (NRS § 608.0197): Employees of covered employers (50 or more employees) with 90 days of employment may use accrued paid leave (up to 40 hours) concurrently with FMLA leave for any reason, including maternity-related leave.

There is no state mandate for employers to provide paid maternity leave as a distinct benefit category.

(U.S. DOL FMLA — https://www.dol.gov/agencies/whd/fmla)

Paternity Leave and Parental Leave in Nevada

Nevada paternity leave follows the same framework as maternity leave. FMLA entitles eligible employees — including fathers and non-birthing parents — to up to 12 workweeks of unpaid, job-protected leave for the birth, adoption, or foster placement of a child, or for bonding with a newly placed child during the first 12 months following placement. Both parents in a household, if separately employed by covered employers and individually FMLA-eligible, are each entitled to the full 12-week leave entitlement for bonding purposes (subject to a combined 12-week cap if employed by the same employer under some circumstances).

Nevada law does not provide a separate statutory entitlement for paternity leave beyond the FMLA baseline. Nevada does not have a state paid family leave program that would provide wage replacement during paternity or parental leave. As noted in the maternity leave discussion above, the accrued paid leave available under NRS § 608.0197 (up to 40 hours) may be used concurrently with FMLA bonding leave.

For additional information on FMLA bonding leave eligibility and notice requirements, see Section 4 below.

(U.S. DOL FMLA — https://www.dol.gov/agencies/whd/fmla)

Federal FMLA in Nevada

The federal Family and Medical Leave Act (FMLA), administered by the U.S. Department of Labor Wage and Hour Division (WHD), is the primary statutory protection for family and medical leave in Nevada. Because Nevada does not have a state paid family leave program, the Nevada FMLA section carries particular significance for Nevada workers and employers. FMLA applies uniformly across all 50 states and provides the foundational framework for extended leave rights. For a comprehensive breakdown of FMLA rules applicable to all states, see the federal FMLA guide.

FMLA Coverage and Eligibility

Covered employers under federal FMLA include:

  • Private sector employers with 50 or more employees within a 75-mile radius of the employee’s worksite
  • All public agencies (federal, state, and local government) regardless of size
  • All public and private elementary and secondary schools regardless of size

Eligible employees must satisfy all three of the following criteria:

  • Employed by a covered employer for at least 12 months (not necessarily consecutive)
  • Worked at least 1,250 hours during the 12-month period immediately preceding the leave
  • Work at a location where the employer has 50 or more employees within a 75-mile radius

Leave entitlement: Eligible employees may take up to 12 workweeks of FMLA leave in any 12-month period for most qualifying reasons, and up to 26 workweeks in a single 12-month period for military caregiver leave.

Nevada employers who operate remote-work arrangements may face questions about which worksite an employee is assigned to for the 50-employee threshold calculation. The U.S. DOL has issued guidance providing that a remote employee’s worksite is the office to which the employee reports or from which assignments are made. For more on how FMLA applies to remote workers, see Nevada remote work laws.

(U.S. DOL FMLA — https://www.dol.gov/agencies/whd/fmla)

Qualifying Reasons Under FMLA

FMLA leave in Nevada, as in all states, may be taken for the following qualifying reasons:

  • Birth of a child and care for the newborn within the first 12 months following birth
  • Placement of a child with the employee for adoption or foster care, and bonding with the newly placed child within the first 12 months following placement
  • Care for a spouse, child, or parent with a serious health condition
  • The employee’s own serious health condition that renders the employee unable to perform the essential functions of the position
  • A qualifying exigency arising from a covered family member’s covered active duty or call to covered active duty in the Armed Forces
  • Care for a covered servicemember with a serious injury or illness (military caregiver leave — up to 26 weeks)

A “serious health condition” under FMLA is defined as an illness, injury, impairment, or physical or mental condition involving inpatient care or continuing treatment by a healthcare provider. Routine minor illness does not qualify unless it involves complications.

(U.S. DOL FMLA — https://www.dol.gov/agencies/whd/fmla)

Is FMLA Paid or Unpaid?

FMLA leave is unpaid, job-protected leave. Nevada does not have a state paid family and medical leave program that runs concurrently with FMLA, so FMLA leave in Nevada is entirely unpaid unless the employee or employer supplements it with paid benefits.

Concurrent use of paid leave during FMLA:

  • Employers may require, and employees may elect, to use accrued paid leave (sick leave, vacation, PTO) concurrently with FMLA leave, provided the employer’s policy or the FMLA regulations permit such substitution.
  • Nevada’s mandatory paid leave under NRS § 608.0197 (up to 40 hours for employees of covered employers) may be used concurrently with FMLA leave.
  • Employer-provided short-term disability benefits, if available, may run concurrently with FMLA for pregnancy-related or personal health conditions.

Throughout FMLA leave, covered employers must maintain the employee’s group health insurance coverage under the same terms as if the employee had continued working. Upon return from FMLA leave, the employee is entitled to restoration to the same or an equivalent position.

(U.S. DOL FMLA — https://www.dol.gov/agencies/whd/fmla)

Does FMLA Apply to Small Businesses in Nevada?

FMLA does not apply to private employers with fewer than 50 employees within a 75-mile radius. Employees of small businesses (under 50 employees) do not have a federal FMLA entitlement. Nevada does not have a state family and medical leave law with a lower employer size threshold, so employees of employers with fewer than 50 employees have no statutory entitlement to unpaid family or medical leave beyond what the employer voluntarily provides.

Nevada’s mandatory paid leave statute (NRS § 608.0197) also has a 50-employee threshold, meaning employees of small employers (under 50 employees) have no mandatory paid or unpaid leave entitlement under either state or federal law beyond FMLA — and FMLA does not apply to their employer either.

Employees of employers with fewer than 50 employees who need family or medical leave may be entitled to reasonable accommodation under the Nevada Pregnant Workers’ Fairness Act (employers with 15 or more employees) for pregnancy-related conditions, and may be entitled to leave under the Americans with Disabilities Act (ADA) for disability-related conditions if applicable.

(U.S. DOL FMLA — https://www.dol.gov/agencies/whd/fmla) · (Nevada Legislature, NRS § 613.4353 — https://www.leg.state.nv.us/nrs/nrs-613.html)

FMLA Notice, Certification, and Employer Obligations

Employee notice: When leave is foreseeable, employees must provide at least 30 days’ advance notice to the employer. When leave is unforeseeable, notice must be given as soon as practicable — generally the same day or the next business day.

Medical certification: Employers may require a healthcare provider certification for FMLA leave related to a serious health condition. The healthcare provider must complete the certification within 15 calendar days. Effective January 1, 2026, under Nevada Assembly Bill 305 (enacted 2025), the fee a healthcare provider may charge an employee for completing an FMLA certification form is capped at $30, with the cap subject to future adjustment for inflation. (Nevada Legislature, AB 305 — https://www.leg.state.nv.us/App/NELIS/REL/83rd2025/Bills/SignedByGovernor)

Employer obligations: Covered employers must post the DOL FMLA notice (https://www.dol.gov/agencies/whd/fmla) and provide written notice to employees of their FMLA rights when leave is requested or when the employer acquires knowledge that leave may be FMLA-qualifying. Employers must designate leave as FMLA leave within 5 business days of having sufficient information.

Interference and retaliation: Employers may not interfere with, restrain, or deny the exercise of FMLA rights, and may not discharge or discriminate against an employee for opposing any practice made unlawful by FMLA.

(U.S. DOL FMLA — https://www.dol.gov/agencies/whd/fmla)

Interaction Between Nevada Paid Leave and FMLA

Because Nevada does not have a state PFML program, there is no state program that runs concurrently with FMLA in the manner of California’s SDI/PFL or Washington’s PFML. The interaction between Nevada’s mandatory paid leave (NRS § 608.0197) and FMLA is governed by standard FMLA substitution rules:

  • Where FMLA leave is for a qualifying reason and the employee has accrued Nevada paid leave available, the employer may require — or the employee may elect — concurrent use of that accrued paid leave to substitute for unpaid FMLA leave.
  • Nevada’s paid leave accrual cap of 40 hours per year limits the amount of paid supplementation available.
  • The FMLA 12-week entitlement is not extended by concurrent use of paid leave — the two run simultaneously.

Key differences between Nevada paid leave and FMLA:

Nevada Paid Leave vs Federal FMLA — Key Differences
Feature Nevada NRS §608.0197 Federal FMLA
Leave type Paid, any reason Unpaid, qualifying reasons only
Employer threshold 50 or more employees 50 or more employees (private)
Duration Up to 40 hours per year Up to 12 weeks per year
Job protection Retaliation prohibited Full job restoration required
Waiting period 90 calendar days 12 months + 1,250 hours
Medical certification Not permitted May be required

(U.S. DOL FMLA — https://www.dol.gov/agencies/whd/fmla) · (Nevada Legislature, NRS § 608.0197 — https://www.leg.state.nv.us/nrs/nrs-608.html)

Other Protected Leave Categories in Nevada

Bereavement Leave

Nevada does not mandate paid or unpaid bereavement leave for private employers. Bereavement leave benefits are determined by employer policy. No state statute requires private employers to provide time off following the death of a family member.

Jury Duty Leave

Nevada requires employers to permit employees to serve on jury duty. Under NRS § 6.190, an employer may not discharge or threaten to discharge an employee for taking time off to serve as a juror. Nevada does not require employers to pay employees during jury service; compensation during jury duty is governed by employer policy. (Nevada Legislature, NRS § 6.190 — https://www.leg.state.nv.us/nrs/nrs-006.html)

Voting Leave

Under NRS § 293.463, an employee who does not have sufficient time outside working hours to vote may take up to 3 hours of leave to vote without loss of pay or risk of discharge. The employee must request voting leave before Election Day, and the employer may designate the hours at the beginning or end of the work shift. (Nevada Legislature, NRS § 293.463 — https://www.leg.state.nv.us/nrs/nrs-293.html)

Domestic Violence / Sexual Assault Victim Leave

Under NRS § 608.0198, an employee who has been employed for at least 90 days and who is a victim of domestic violence or sexual assault — or whose family or household member is such a victim and the employee is not the alleged perpetrator — is entitled to up to 160 hours of leave in any 12-month period. The leave may be paid or unpaid depending on employer policy and accrued leave availability. Permitted uses include seeking a protective order, obtaining medical treatment, meeting with law enforcement, attending court proceedings, and relocating for safety purposes. As of January 1, 2024, pursuant to Assembly Bill 163 (82nd Session), victims of sexual assault are afforded the same employment protections as domestic violence victims under this section. (Nevada Legislature, NRS § 608.0198 — https://www.leg.state.nv.us/nrs/nrs-608.html)

Military Leave

The federal Uniformed Services Employment and Reemployment Rights Act (USERRA) applies in Nevada, guaranteeing reemployment rights, continuation of benefits, and anti-discrimination protections for employees who leave employment for military service. Nevada also has state military leave provisions under NRS Chapter 412 for employees who are members of the Nevada National Guard or other reserve components. (U.S. DOL USERRA — https://www.dol.gov/agencies/vets/programs/userra)

Pregnancy Accommodation

The Nevada Pregnant Workers’ Fairness Act (Senate Bill 253, 79th Session; codified at NRS § 613.4353 et seq.) requires employers with 15 or more employees to provide reasonable accommodation to employees for conditions related to pregnancy, childbirth, or a related medical condition, absent undue hardship. Reasonable accommodations may include more frequent or longer rest breaks, temporary transfer to a less strenuous or hazardous position, acquisition or modification of equipment, or leave. This provision is broader than FMLA in that it applies to a lower employer size threshold (15 versus 50 employees) and covers conditions related to pregnancy and childbirth even when they do not constitute a “serious health condition” under FMLA. (Nevada Legislature, NRS § 613.4353 — https://www.leg.state.nv.us/nrs/nrs-613.html)

2025–2026 Updates & Recent Legislative Changes

What Changed in Nevada Paid Leave Laws in 2025–2026?

Assembly Bill 305 — FMLA Certification Fee Cap (Effective January 1, 2026) The Nevada Legislature enacted Assembly Bill 305 during the 2025 regular session. Effective January 1, 2026, the fee a healthcare provider may charge an employee for completing a federal FMLA medical certification form is capped at $30. The cap is subject to future adjustment for inflation. This provision benefits Nevada workers who previously faced variable and sometimes high fees for required FMLA medical documentation. (Nevada Legislature, 83rd Session, Signed Bills — https://www.leg.state.nv.us/App/NELIS/REL/83rd2025/Bills/SignedByGovernor)

Assembly Bill 163 — Domestic Violence Leave Extended to Sexual Assault Victims (Effective January 1, 2024) Enacted during the 82nd Legislative Session, AB 163 amended NRS § 608.0198 to extend the same leave protections previously available only to domestic violence victims to victims of sexual assault. The amendment was effective January 1, 2024.

Vetoed Legislation — 2025 Session

Assembly Bill 388 — Proposed Paid Family Leave (Vetoed 2025) AB 388 would have required private employers with 50 or more employees — and all public employers — to provide 12 weeks of paid family leave to employees employed for more than 90 days. The bill was introduced during the 83rd Legislative Session. Governor Joe Lombardo vetoed AB 388; it did not become law. Nevada therefore has no state-funded paid family leave program as of March 2026.

Pending Legislation and Legislative Tracking

Following the 2025 regular session and 2025 special session, no paid leave legislation remains pending in Nevada as of March 2026. The Nevada Legislature meets in biennial sessions; the next regular session begins in February 2027. Current bill tracking is available through the Nevada Legislature at https://www.leg.state.nv.us.

How to File a Paid Leave Complaint in Nevada

Filing a Paid Sick Leave Complaint

Paid leave complaints under NRS § 608.0197 are filed with the Nevada Office of the Labor Commissioner (OLC). The OLC is the principal wage and hour regulatory agency for the state and has authority to investigate violations of the paid leave statute.

Contact information:

  • Carson City: 1818 E. College Parkway, Suite 102, Carson City, NV 89706 — (775) 684-1890
  • Las Vegas: 3340 W. Sahara Avenue, Las Vegas, NV 89102 — (702) 486-2650
  • Toll-Free: 1-800-992-0900
  • General inquiries and complaint forms: https://labor.nv.gov

Penalty for violations of NRS § 608.0197 may include administrative penalties of up to $5,000 per violation, as determined by the Labor Commissioner. (Nevada OLC — https://labor.nv.gov)

Filing an FMLA Complaint

FMLA complaints are filed with the U.S. Department of Labor, Wage and Hour Division (WHD). The WHD investigates potential violations, and employees may also pursue a private civil action in federal court.

FMLA complaints must generally be filed within 2 years of the alleged violation (3 years for willful violations). The WHD does not charge a fee for filing a complaint.

Interstate Considerations for Remote Workers

Nevada’s paid leave requirements under NRS § 608.0197 apply based on where work is performed, not where the employer is headquartered. An employee who performs work in Nevada for a covered Nevada employer is entitled to the protections of Nevada’s paid leave law regardless of whether the employer is incorporated elsewhere. Conversely, a Nevada-based employer whose remote employee performs work in another state may be subject to that other state’s paid leave laws, rather than Nevada’s, for those hours of work.

Multi-state employers with Nevada operations must track each employee’s Nevada hours worked for purposes of accrual under NRS § 608.0197, and must apply the 50-employee threshold with reference to employees in Nevada specifically. Employers should consult the Nevada Office of the Labor Commissioner for guidance on multi-state payroll configurations. For comprehensive Nevada remote work guidance, see Nevada remote work laws.

Nevada workers employed by out-of-state employers who perform all or substantially all their work in Nevada should confirm with their employer whether Nevada’s paid leave law applies to their employment relationship. The governing principle — that leave rights attach to the state of work performance — is addressed in DOL guidance as well as state-level labor agency materials for states with active PFML programs. Neighboring California, which operates one of the most comprehensive paid leave systems in the country combining SDI and PFL, is a frequent reference point for Nevada workers employed by California-based companies; its full framework is documented at California paid leave laws. To the east, Arizona — which also mandates paid sick leave under the Fair Wages and Healthy Families Act — presents a comparable regional baseline; see Arizona paid leave laws for that state’s requirements. Comparisons between Nevada’s framework and those of neighboring states with comprehensive PFML programs are particularly relevant for remote workers and multistate employers operating in the Western region.

Frequently Asked Questions — Nevada Paid Leave

How does FMLA work in Nevada?

The federal FMLA provides eligible Nevada employees up to 12 weeks of unpaid, job-protected leave per 12-month period for qualifying family and medical reasons, including serious health conditions, childbirth, and family bonding. Nevada FMLA applies to private employers with 50 or more employees within a 75-mile radius and to all public agencies. Employees must have 12 months of service and 1,250 hours worked in the preceding year. (U.S. DOL FMLA — https://www.dol.gov/agencies/whd/fmla)

How long is maternity leave in Nevada?

Eligible employees may take up to 12 weeks of unpaid maternity leave under the federal FMLA, beginning at the time of childbirth. Nevada does not have a state-funded paid maternity leave program. Employees may use accrued Nevada paid leave (up to 40 hours for covered employers) concurrently with FMLA leave, and employer-provided short-term disability insurance, if available, may supplement unpaid FMLA leave. (U.S. DOL FMLA — https://www.dol.gov/agencies/whd/fmla)

Is maternity leave paid or unpaid in Nevada?

Maternity leave in Nevada is unpaid under both federal FMLA and state law. Nevada does not have a state temporary disability insurance program or paid family leave program. Wage replacement during maternity leave depends on employer-provided short-term disability coverage, accrued PTO, or the employee’s use of accrued Nevada mandatory paid leave (up to 40 hours).

Who is eligible for FMLA in Nevada?

FMLA-eligible Nevada employees must work for a covered employer (50 or more employees within 75 miles), have at least 12 months of employment with that employer, and have worked at least 1,250 hours in the preceding 12 months. All public agencies in Nevada are covered employers regardless of size. (U.S. DOL FMLA — https://www.dol.gov/agencies/whd/fmla)

Is FMLA leave paid in Nevada?

Nevada FMLA leave is unpaid. Nevada does not have a state PFML program to supplement unpaid FMLA with wage replacement. Employees may use accrued employer-provided paid leave or Nevada statutory paid leave (up to 40 hours) concurrently with FMLA to receive partial compensation during leave. (U.S. DOL FMLA — https://www.dol.gov/agencies/whd/fmla)

Does Nevada have paid sick leave?

Nevada requires private employers with 50 or more employees to provide paid leave under NRS § 608.0197. The leave may be used for any reason, including illness, and accrues at 0.01923 hours per hour worked, up to approximately 40 hours annually. Employers with fewer than 50 employees are not required to provide paid leave under this statute. (Nevada Legislature, NRS § 608.0197 — https://www.leg.state.nv.us/nrs/nrs-608.html)

Does Nevada have paid family leave?

Nevada does not have a state-funded paid family and medical leave program. Workers requiring paid family leave rely on employer-provided benefits. A 2025 proposal to create a paid family leave program (AB 388) was vetoed by Governor Lombardo. (Nevada Legislature — https://www.leg.state.nv.us)

How many sick days are required in Nevada?

Nevada’s mandatory paid leave law (NRS § 608.0197) requires covered employers (50 or more employees) to provide paid leave accruing at 0.01923 hours per hour worked, with an annual usage cap of 40 hours (approximately 5 days for full-time employees). Employers with fewer than 50 employees have no state-law obligation to provide paid sick days. (Nevada Legislature, NRS § 608.0197 — https://www.leg.state.nv.us/nrs/nrs-608.html)

Does FMLA apply to small businesses in Nevada?

Federal FMLA does not apply to private employers with fewer than 50 employees within a 75-mile radius. Nevada does not have a state family leave law with a lower employer size threshold. Employees of small Nevada businesses have no statutory FMLA entitlement; however, the Nevada Pregnant Workers’ Fairness Act may require employers with 15 or more employees to provide reasonable accommodation for pregnancy-related conditions. (U.S. DOL FMLA — https://www.dol.gov/agencies/whd/fmla)

How long is paternity leave in Nevada?

Nevada paternity leave follows FMLA: eligible employees may take up to 12 weeks of unpaid, job-protected leave for the birth or placement of a child and for bonding during the first year. Nevada has no state-funded paid paternity leave program; however, accrued Nevada paid leave (up to 40 hours) may be used concurrently. (U.S. DOL FMLA — https://www.dol.gov/agencies/whd/fmla)

Can an employer deny paid sick leave in Nevada?

Under NRS § 608.0197, covered employers are prohibited from denying an employee the right to use available paid leave, requiring an employee to find a replacement worker as a condition of using leave, or retaliating against an employee for using leave. Violations may result in administrative penalties of up to $5,000 per violation. (Nevada Legislature, NRS § 608.0195 — https://www.leg.state.nv.us/nrs/nrs-608.html)

Is paid sick leave available to part-time employees in Nevada?

Part-time employees who are not classified as temporary, seasonal, or on-call are eligible for paid leave under NRS § 608.0197 if employed by a covered employer (50 or more employees). Leave accrues proportionally to hours worked at the rate of 0.01923 hours per hour of work performed. (Nevada Legislature, NRS § 608.0197 — https://www.leg.state.nv.us/nrs/nrs-608.html)

Can Nevada paid leave be used for a family member’s illness?

Nevada’s primary paid leave statute (NRS § 608.0197) permits leave use for any reason, including caregiving, without requiring an explanation. Additionally, NRS § 608.01975 specifically requires employers who provide any sick leave (paid or unpaid) to allow employees to use that sick leave to assist an immediate family member with a medical need. (Nevada Legislature, NRS § 608.01975 — https://www.leg.state.nv.us/nrs/nrs-608.html)

What happens to unused Nevada paid leave when an employee leaves?

Nevada law does not require employers to pay out unused accrued paid leave upon separation from employment unless the employer’s own policy provides for payout. If an employee is terminated and rehired by the same employer within 90 days — and the separation was not due to voluntary resignation — previously unused accrued leave must be reinstated. (Nevada OLC SB 312 Bulletin — https://labor.nv.gov/uploadedfiles/labornvgov/content/employer/sb%20312%20paid%20leave%20english.pdf)

Is there a waiting period before using Nevada paid sick leave?

Employees must complete 90 calendar days of employment before using paid leave accrued under NRS § 608.0197. Accrual begins from the first day of employment; only the right to use leave is delayed until the 90th day. (Nevada Legislature, NRS § 608.0197 — https://www.leg.state.nv.us/nrs/nrs-608.html)

Does Nevada have any paid family leave requirements for employers?

Nevada does not have a state-funded paid family leave insurance program. The only mandatory paid leave in Nevada is the any-reason paid leave under NRS § 608.0197, applicable to employers with 50 or more employees, which provides up to 40 hours per year for any purpose. No separate paid family leave mandate exists as of March 2026.

What options exist for paid maternity leave in Nevada?

In the absence of a state paid family leave program, paid maternity leave in Nevada depends on: (1) employer-provided short-term disability insurance covering pregnancy and postpartum recovery; (2) employer PTO, vacation, or sick leave policies that may run concurrently with FMLA; and (3) Nevada mandatory paid leave under NRS § 608.0197 (up to 40 hours), which may be used concurrently with FMLA leave. These options are supplementary to the 12-week unpaid FMLA entitlement and depend on employer offerings and individual accrual.

Does Nevada have a voluntary paid family leave insurance program?

Nevada has not enacted legislation authorizing a voluntary private paid family leave insurance framework (such as the NCOIL model adopted in certain other states). Employers may voluntarily offer group short-term disability or supplemental leave products through private insurers, but no state-authorized voluntary program structure exists.

Are there local paid sick leave ordinances in Nevada?

No Nevada municipality has enacted a local paid sick leave ordinance that expands upon the state’s paid leave requirements. The state law under NRS § 608.0197 establishes the uniform floor for all covered private employers in Nevada, and no city or county has adopted supplemental local requirements.

Sources & Verification Log

Sources & Verification Log — Nevada Paid Leave Laws
Section Source URL Date Verified
Paid Leave Statute Nevada Office of the Labor Commissioner — SB312 Bulletin labor.nv.gov SB312 guidance March 2026
Paid Leave Statute Nevada Legislature — NRS §608.0197 leg.state.nv.us NRS 608 March 2026
Family Sick Leave Companion Nevada Legislature — NRS §608.01975 leg.state.nv.us March 2026
Domestic Violence Leave Nevada Legislature — NRS §608.0198 leg.state.nv.us March 2026
Labor Commissioner Contact / Complaint Nevada Office of the Labor Commissioner labor.nv.gov March 2026
OLC Advisory Opinion on SB312 Nevada Office of the Labor Commissioner OLC Advisory Opinion March 2026
Retaliation / Penalties Nevada Legislature — NRS §608.195 leg.state.nv.us March 2026
Pregnant Workers' Fairness Act Nevada Legislature — NRS §613.4353 leg.state.nv.us March 2026
Jury Duty Leave Nevada Legislature — NRS §6.190 leg.state.nv.us March 2026
Voting Leave Nevada Legislature — NRS §293.463 leg.state.nv.us March 2026
FMLA (All Sections) U.S. Department of Labor, Wage and Hour Division dol.gov FMLA March 2026
FMLA Complaint Filing U.S. DOL WHD Complaint Page dol.gov complaints March 2026
DOL Paid Leave Overview U.S. Department of Labor Women’s Bureau dol.gov featured paid leave March 2026
AB305 (FMLA Certification Fee Cap) Nevada Legislature — 83rd Session NELIS bill tracker March 2026
AB388 Veto (2025) Nevada Legislature bill tracker leg.state.nv.us March 2026
2025 Legislative Session Outcomes Nevada Governor’s Office gov.nv.gov March 2026
DOL State PFML Laws Overview U.S. Department of Labor Women’s Bureau dol.gov state PFML laws March 2026

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This page compiles information from official government sources for general reference purposes. It does not constitute legal advice. Employment law is subject to legislative changes and judicial interpretation. For specific compliance questions, consultation with a licensed attorney in Nevada is recommended. Last updated: March 2026.