NRS 608.01975 Employer required to allow employee use of sick leave to assist member of immediate family with medical need; Labor Commissioner to prepare bulletin to be posted in workplaces; construction of section; prohibitions; applicability.

454 words·~2 min read·/nv/chapter-608-compensation-wages-and-hours/608-01975·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. Except as otherwise provided in this section, if an employer provides paid or unpaid sick leave for the use of his or her employees, the employer must allow an employee to use any accrued sick leave to assist a member of the immediate family of the employee who has an illness, injury, medical appointment or other authorized medical need to the same extent and under the same conditions that apply to the employee when taking such leave.

2. An employer may limit the amount of sick leave that an employee may use pursuant to subsection 1 to an amount which is equal to not less than the amount of sick leave that the employee accrues during a 6-month period.

3. The Labor Commissioner shall prepare a bulletin which clearly sets forth an explanation of the provisions of this section. The Labor Commissioner shall post the bulletin on the Internet website maintained by the Office of Labor Commissioner and shall require each employer that provides sick leave to employees to post the bulletin in a conspicuous location in each workplace maintained by the employer. The bulletin may be included in any printed abstract posted by the employer pursuant to NRS 608.013 .

4. The provisions of this section shall not be construed to:

(a)Limit or abridge any other rights, remedies or procedures available under the law;

(b)Negate any other rights, remedies or procedures available to an aggrieved party;

(c)Prohibit, preempt or discourage any contract or other agreement that provides a more generous sick leave benefit or paid time off benefit; or

(d)Extend the maximum amount of leave to which an employee is entitled to take pursuant to the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et seq.

5. An employer shall not deny an employee the right to use accrued sick leave in accordance with the provisions of this section or retaliate against an employee for attempting to prosecute a violation of this section or for exercising any rights afforded by this section.

6. The provisions of this section do not apply:

(a)To the extent prohibited by federal law; or

(b)With regard to an employee of the employer if the employee is covered under a valid collective bargaining agreement.

7. As used in this section, “immediate family” means:

(a)The child, foster child, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent or stepparent of an employee; or

(b)Any person for whom the employee is the legal guardian.