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Workplace Protections
Basic info and definitions
How does this law protect me?
If you qualify for protection under this law, your employer must allow you to take leave from work of up to 160 hours in a 12-month period.1 You can take this time off of work to do any of the following if it is related to an act of domestic violence or sexual assault committed against you or your family or household member:
- get diagnosed, cared for, or treated for a health condition;
- get counseling or other assistance;
- participate in court proceedings; or
- create a safety plan, including any action to increase your safety or the safety of your family or household member from a future act of domestic violence or sexual assault.2
1 N.R.S. § 608.0198(1)
2 N.R.S. § 608.0198(2)(a)
Which employees are protected under this law?
Under Nevada state law, you may be protected if you have been employed for at least 90 days and:
- you are a victim of an act that is considered domestic violence or sexual assault; or
- you have a “family or household member” who is a victim of domestic violence or sexual assault - however, you cannot be the one who abused your family or household member.1
1 N.R.S. § 608.0198(1)
Who is considered a family or household member?
Your family or household member is a person who is:
- your spouse;
- your domestic partner;
- your child under the age of 18;
- your parent;
- an adult first-degree relative - for example, a first cousin; or
- an adult who is living with you at the time of the domestic violence or sexual assault incident.1
1 N.R.S. § 608.0198(8)(b)
What you must provide to your employer
Do I need to give my employer advance notice before taking time off?
This law does not state that you must give advance notice to your employer before taking leave. However, after using any hours of leave under this law, you must give your employer 48 hours’ notice if you want to take additional hours of leave.1
1 N.R.S. § 608.0198(2)(b)
Do I need to give my employer any written proof (documentation) if I take time off?
Your employer can require you to give proof that you are using leave for a reason allowed under this law. You can show proof by giving your employer:
- a police report;
- a copy of an application for a protection order;
- an affidavit from victim services organization; or
- documentation from a physician to support your use of leave.1
Your employer must keep any documentation you provide confidential.1
1 N.R.S. § 608.0198(4)
What your employer can and cannot do
Are there reasons my employer could refuse to let me take time off?
Your employer cannot deny your right to take leave if your request meets all of the requirements included in this law.1 You must use the hours:
- within the 12 months that immediately follow the date that the domestic violence or sexual assault incident occurred; and
- for a reason allowed under the law.2
1 N.R.S. § 608.0198(3)(a)
2 N.R.S. § 608.0198(1)(b), (2)(a)
Can my employer fire me for using time off?
It is against the law for your employer to “retaliate” against you for using time off under this law.1 In other words, if your employer fired you or punished you in some other way because you used time off under this law, your employer may be retaliating against you.
1 N.R.S. § 608.0198(3)(c)
Does my employer have to pay me if I take time off under this law?
Your employer can decide whether the leave you use is paid or unpaid.1 You are not required to find another worker to cover your hours.2 Additionally, you have the right to take your time off all at once or spread it out over time.3
1 N.R.S. § 608.0198(1)(a)
2 N.R.S. § 608.0198(3)(b)
3 N.R.S. § 608.0198(1)(c)
