Read the full stored bill text
- 83rd Session (2025)
Assembly Bill No. 388 –Assemblymembers La Rue Hatch,
González, Anderson, Roth, Miller; Flanagan, Goulding,
Hunt, Jackson, Karris, Moore, Orentlicher and Watts
Joint Sponsor: Senator Flores
CHAPTER..........
AN ACT relating to employment; requiring certain public and
private employers to establish certain procedures and forms
relating to paid family leave; requiring the Human Resources
Commission and Labor Commissioner to establish certain
regulations relating to paid family leave; requiring certain
public and private employers to provide notice relating to
paid family leave; revising provisions relating to paid family
leave for certain state employees and employees of private
employers; repealing certain provisions relating to leave;
providing penalt ies; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Under existing law, an employee of the Executive Department of the State
Government who has been employed for not less than 12 consecutive months is
entitled to take 8 weeks of paid family leave over a 12 -month period, under certain
circumstances, to: (1) bond with a newborn child of the employee or a newborn
child of the domestic partner of the employee; (2) bond with a newly adopted child
of the employee; (3) recove r from or undergo treatment for a serious illness; (4)
care for a seriously ill member of the immediate family of the employee; or (5)
participate in a qualifying event resulting from the military deployment to a foreign
country of an immediate family member of the employee. (NRS 284.356) Section 4
of this bill: (1) provides such entitlements to officers of the Executive Department
of the State Government; (2) decreases the time an employee must be employed to
receive the entitlement from 12 consecutive mon ths to 90 days; (3) increases the
entitlement from 8 weeks to 12 weeks; (4) entitles an employee to take paid family
leave to bond with a newly placed foster child of the employee, complete any
necessary preparatory tasks before the anticipated adoption of a child or placement
of a foster child in certain circumstances, to recover from certain serious health
conditions, including pregnancy or the loss or end of a pregnancy and for certain
purposes resulting from an act of domestic violence, stalking, aggrav ated stalking,
harassment or sexual assault against the employee or an immediate family member
of the employee; and (5) revises certain terms relating to paid family leave.
Existing law further requires an appointing authority to pay an employee on
paid family leave 50 percent of the regular wage the employee would have earned
if the employee was not on leave. (NRS 284.356) Section 4 instead requires an
appointing authority to pay: (1) 100 percent of the regular wage the employee
would have earned if the e mployee was not on leave, if the employee earns not
more than 110 percent of the state average weekly wage; or (2) 60 percent of the
regular wage the employee would have earned if the employee was not on leave but
not more than 150 percent of the state ave rage weekly wage, if the employee earns
more than 110 percent of the state average weekly wage.
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Section 4 also: (1) requires an employee to provide certain notice to the
appointing authority of the employee’s intent to take paid family leave and make a
reasonable effort to take paid family leave in a manner that does not unduly disrupt
the operations of the appointing authority, in certain circumstances; (2) authorizes
the Division of Human Resource Management of the Department of Administration
to investigate any instance in which it has reason to believe that an employee has
taken paid family leave to which the employee is not entitled, and after notice and a
hearing, authorizes the Human Resources Commission to take certain remedial
actions; and (3) est ablishes that paid family leave taken that also meets the
requirements for eligibility for the Family and Medical Leave Act of 1993 runs
concurrently and authorizes an appointing authority to require any payment made
for paid family leave to be made concurrently or otherwise coordinated with certain
other policies and agreements. (29 U.S.C. §§ 2601 et seq.)
Section 7 of this bill establishes substantially similar provisions relating to the
entitlement to paid family leave for certain state employees in the public service for
employees of private employers and local government employers that have 50 or
more employees in private employment in this State, thereby entitling the
employees of the private employers to paid family leave.
Sections 2 and 8 of this bill require an appointing authority, a private employer
and a local government employer to establish reasonable procedures and forms for
an employee to take paid family leave, which may not be unduly burdensome to the
employee and are required to meet certain language requirements. Sections 2 and 8
also require the Commission and Labor Commissioner to establish by regulation
the documentation that an employee may be required to provide to an appointing
authority, a private employer or a local gover nment employer to take paid family
leave, place certain restrictions on the establishment of the regulations and make
the documentation confidential.
Sections 3 and 9 of this bill require an appointing authority, a private employer
and a local government employer to provide to an employee certain written notice
relating to paid family leave in certain circumstances and subject to certain
conditions.
Section 10 of this bill authorizes an employee to bring a civil action, and
prescribes the remedies a court is authorized and required to award if an employer
fails to take certain actions relating to paid family leave required by section 7.
Section 11 of this bill requires the Labor Commissioner to enforce the
provisions of sections 7, 8 and 9, and section 12 of this bill makes a violation of
the provisions of sections 7, 8 and 9 a misdemeanor and authorizes the Labor
Commissioner to impose, in addition to any other remedy or penalty, a penalty of
up to $5,000 for each violation.
Section 14 of this bill repe als the provisions in existing law requiring a private
employer to provide certain leave to employees relating to domestic violence and
sexual assault, as these provisions are supplanted by the provisions of sections 7, 8
and 9. Section 13 of this bill mak es a conforming change to make a provision
prohibiting certain actions relating to the repealed provisions instead apply to
section 7.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 284 of NRS is hereby amended by adding
thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. An appointing authority shall establish
reasonable procedures and forms for an employee to take pa id
family leave pursuant to NRS 284.356, which may not be unduly
burdensome to the employee. The forms must be written in
English, each other language typically used in communications
between an appointing authority and an employee and any other
language that is the primary language of at least 10 percent of the
employees at the workplace.
2. The Commission shall by regulation establish the
documentation that an employee may be required to provide to an
appointing authority in support of a request for pai d family leave
pursuant to NRS 284.356. The regulations adopted by the
Commission:
(a) Must use a liberal approach to the granting of paid family
leave to an employee and not be unduly burdensome to the
employee.
(b) Must not require the disclosure of in formation that is
confidential, privileged or protected under federal law.
3. Any documentation provided to an appointing authority
pursuant to subsection 2 is confidential and must be retained by
the appointing authority in a manner consistent with the
requirements of the Family and Medical Leave Act of 1993, 29
U.S.C. §§ 2601 et seq.
Sec. 3. 1. An appointing authority shall provide written
notice of the provisions of NRS 284.356 to an employee:
(a) Upon the hiring of the employee, and annually thereafter;
(b) When the employee requests leave pursuant to
NRS 284.356; and
(c) When the appointing authority has reasonable knowledge
that any leave request made by the employee may be for a
qualifying reason entitling the employee to take paid family leave
pursuant to subsection 1 of NRS 284.356.
2. The written notice required to be provided to an employee
by an appointing authority pursuant to subsection 1 must include,
without limitation:
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(a) The entitlement of the emp loyee to paid family leave
pursuant to NRS 284.356, and the terms under which it may be
taken;
(b) The amount of paid family leave available to the employee;
(c) The procedures for taking the paid family leave;
(d) The requirement that an appointing aut hority or his or her
designee may not deny an eligible employee the right to take paid
family leave, retaliate or take any adverse action against an
employee for requesting, taking or filing a complaint against an
appointing authority relating to paid fami ly leave as set forth in
subsection 6 of NRS 284.356; and
(e) The manner in which an employee may file a complaint for
any violations of the provisions of NRS 284.356 committed by an
appointing authority.
3. Each appointing authority shall conspicuously post and
keep so posted in a location in each workplace maintained by the
appointing authority a bulletin with the information required by
this section in a form approved by the Commission. If an
appointing authority does not maintain a physical workplace or
employs an employee whose work consists solely of remote work or
telework, the appointing authority shall post the bulletin in a
conspicuous location on the Internet website maintained by the
appointing authority, if any.
4. All notices required by t his section must be written in
English, each other language typically used in communications
between an appointing authority and an employee and any other
language that is the primary language of at least 10 percent of the
employees at the workplace. The C ommission may adopt
regulations to establish the means by which an appointing
authority must provide the notice required by this section.
Sec. 4. NRS 284.356 is hereby amended to read as follows:
284.356 1. Except as oth erwise provided in this section, an
officer or employee of the Executive Department of the State
Government who has been employed for not less than [12
consecutive months] 90 days is entitled to take [8] 12 weeks of paid
family leave:
(a) To bond with a newborn child of the employee or a newborn
child of the domestic partner of the employee [;] , if taken not later
than 12 months after the birth of the child;
(b) To bond with a newly adopted or placed foster child of the
employee [;] or spouse or domesti c partner of the employee, if
taken not later than 12 months after the adoption or placement of
the child;
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(c) To complete any necessary preparatory tasks before the
anticipated adoption or placement of a child pursuant to
paragraph (b);
(d) To recover from or undergo treatment for a serious illness [;
(d)] or serious health condition, as defined by 29 U.S.C. §
2611, including, without limitation, pregnancy or the loss or end
of a pregnancy;
(e) To care for a seriously ill member of the immediate family of
the employee; [or
(e)] (f) For a qualifying event resulting from the military
deployment to a foreign country of an immediate family member of
the employee [.] ; or
(g) For safe leave.
2. [An employee eligible for paid family leave pursuant to
subsection 1 must have not less than 40 hours of sick leave accrued
pursuant to NRS 284.355 before taking paid family leave.] Any sick
leave accrued pursuant to NRS 284.355 in excess of 40 hours must
be used before taking paid family leave.
3. An appoint ing authority shall pay an employee on paid
family leave [50] :
(a) One hundred percent of the regular wage the employee
would have earned if the employee was not on leave [.] , if the
employee earns not more than 110 percent of the state average
weekly wage; or
(b) Sixty percent of the regular wage the employee would have
earned if the employee was not on leave but not more than 150
percent of the state average weekly wage, if the employee earns
more than 110 percent of the state average weekly wage.
4. An employee that is entitled to take paid family leave
pursuant to subsection 1 is not required to take paid family leave
consecutively and may take paid family leave over the course of a
12-month period.
5. An employee shall:
(a) Give notice, as soon as practicable, to the appointing
authority of the employee’s intent to take paid family leave in
accordance with the provisions of this section; and
(b) Make a reasonable effort to take paid family leave in
accordance with the provisions of this section in a manner that
does not unduly disrupt the operations of the appointing authority,
if the paid family leave is taken for events that are foreseeable to
the employee.
6. An appointing authority or his or her designee shall not deny
an eligible employee the right to take paid family leave in
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accordance with the provisions of this section or retaliate or take any
adverse action against an employee for requesting, taking or filing a
complaint against an appointing authority relating to paid family
leave pursuant to [subsection 1.] this section.
[6.] 7. The Division may investigate any instance in which it
has reason to believe that an employee has taken paid family leave
to which the employee is not entitled. If, after notice to the
employee and a hearing, the Commission determines that the
employee has taken paid family leave to which the employee was
not entitled, the Commission may take any of the following
actions:
(a) Direct the appointing authority to seek repayment of funds
relating to the paid family leave; or
(b) Disqualify the employee from paid family leave benefits for
a period not more than 1 year.
8. Paid family leave taken in accordance with the provisions
of this section and that meets the requirements for eligibility for
the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et
seq., runs concurrently. An appointing authority may require that
any payment made pursuant to this section be made concurrently
or otherwise coordinated with the terms of a short -term disability
policy or collective bargaining agreement. An appointing authority
shall provide an employee notice of the provisions of this
subsection.
9. Officers and members of the faculty of the Nevada System
of Higher Education are entitled to paid family leave as pro vided
by the regulations adopted pursuant to subsection 2 of
NRS 284.345.
10. The provisions of this section do not:
(a) Limit or abridge any other rights, remedies or procedures
available under 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 paid leave benefit or
paid time off benefit.
11. Any agreement by an employee to abridge, waive or
forego any rights or r emedies afforded by this section is void as
contrary to public policy and the employee may recover any actual
damages incurred through the inclusion of the prohibited
provision.
12. As used in this section:
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(a) “Child” includes, regardless of age, a biological, adopted
or foster child, stepchild or minor protected person under
guardianship of a person or the person’s spouse or domestic
partner. The term includes any child for whom the person or the
person’s spouse or domestic partner is a person stand ing in loco
parentis or who stood in loco parentis and for which a biological
or legal relationship between the person or person’s spouse or
domestic partner and child is not necessary.
(b) “Domestic partner” means a person who is in a domestic
partnership which is registered or recognized pursuant to chapter
122A of NRS and which has not been terminated pursuant to that
chapter.
[(b)] (c) “Immediate family” means a parent, sibling, child , [by
blood, adoption or marriage, ] spouse, grandparent , [or] grandchild
[.
(c)] or any other person related by blood or whose close
association is the equivalent of a family relationship to a person or
the person’s spouse or domestic partner.
(d) “Parent” includes a biological parent, adoptive parent,
foster parent or legal guardian of a person or a person’s spouse or
domestic partner. The term includes a person standing in loco
parentis or who stood in loco parentis for a person or the person’s
spouse or domestic partner and for which a biological or legal
relationship between the person or person’s spouse or domestic
partner and parent is not necessary.
(e) “Qualifying event” means any military event or essential
need resulting from the military deployment of an immediate family
member. The term includes, without limitation [, arranging] :
(1) Arranging for child care or parental care during
deployment [, representing] ;
(2) Arranging for care of an immediate family member who
is incapable of self -care, if the deployment of the military family
member necessitates a change in the existing care arrangements
for the family member who is incapable of self-care;
(3) Providing care to an immediate family member
incapable of self -care on an immediate and urgent basis, and not
on a routine, regular or daily basis, i f the need for care arises
from the active duty, call to active duty status or deployment of the
military family member;
(4) Attending appointments, but not regular or routine
appointments, with care providers, including, without limitation,
at a health care facility, as defined in NRS 449.2414, and provider
of public assistance, as defined in NRS 422A.065, for an
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- 83rd Session (2025)
immediate family member of the military family member if the
need for the appointments arises from the active duty, call to active
duty status or deployment of the military family member;
(5) Making financial or legal arrangements for the military
family member;
(6) Spending time with the military family member during a
rest and recuperation leave or return from deployment;
(7) Representing the military family member at a federal,
state or local event during deployment ; and [addressing]
(8) Addressing issues due to the death of the military family
member.
[(d)] (f) “Safe leave” means leave resulting from an act of
domestic violence, stalking, aggravated stalking, harassment or
sexual assault against the employee or an immediate family
member of the employee, and the employee is not the alleged
perpetrator, for any of the following purposes:
(1) Seeking an order for protection;
(2) Obtaining medical care or counseling, or both, as a
result of the act;
(3) Securing existing housing or obtaining alternative
housing or shelter;
(4) Seeking legal assistance and preparing for and
attending court proceedings relating to the act; and
(5) Any other necessary action to restore the victim of the
act to his or her same or similar condition before the occurrence
of the act.
(g) “Serious illness” has the meaning ascribed to it in
NRS 232.4854.
(h) “State average weekly wage” means the st ate average
weekly wage as most recently computed by the Employment
Security Division of the Department of Employment, Training and
Rehabilitation.
Sec. 5. NRS 239.010 is hereby amended to read as follows:
239.010 1. Except as otherwise provided in this section and
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095,
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030,
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152,
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413,
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345,
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270,
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280,
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640,
120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730,
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- 83rd Session (2025)
127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312,
130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245,
176.01334, 176.01385, 176.015, 176.0625, 17 6.09129, 176.156,
176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495,
179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772,
200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923,
209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.0 40,
213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350,
218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615,
224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570,
231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300,
239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040,
239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270,
239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264,
244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130,
250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910,
269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680,
281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086,
286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830,
293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870,
293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110,
332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593,
338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205,
353A.049, 353A.085, 353A.100, 353 C.240, 353D.250, 360.240,
360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138,
366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300,
379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626,
387.631, 388.1455, 388.259, 388.501, 388.50 3, 388.513, 388.750,
388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120,
391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317,
392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975,
394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143,
396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685,
398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153,
414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350,
425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205,
432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430,
432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360,
439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116,
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170,
441A.195, 441A.220, 441A.230 , 442.330, 442.395, 442.735,
442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245,
449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164,
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- 83rd Session (2025)
453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056,
459.846, 463.120, 463.15993, 463.240, 463.3403 , 463.3407,
463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063,
481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363,
483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833,
484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285,
571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110,
598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710,
604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315,
616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137,
624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230,
628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671,
630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327,
630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415,
632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716,
633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169,
634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085,
637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183,
639.2485, 639.570, 640.075, 640.152, 640A. 185, 640A.220,
640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745,
640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090,
641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170,
641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320,
642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050,
645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130,
645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947,
648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900,
654.110, 656.105, 65 7A.510, 661.115, 665.130, 665.133, 669.275,
669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480,
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710,
678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190,
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410,
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306,
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480,
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536,
692C.3538, 692C.354, 692C.420, 693A.480, 6 93A.615, 696B.550,
696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159,
711.600, and sections 2 and 8 of this act, sections 35, 38 and 41 of
chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391,
Statutes of Nevada 2013 and unless otherwis e declared by law to be
confidential, all public books and public records of a governmental
entity must be open at all times during office hours to inspection by
any person, and may be fully copied or an abstract or memorandum
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may be prepared from those pu blic books and public records. Any
such copies, abstracts or memoranda may be used to supply the
general public with copies, abstracts or memoranda of the records or
may be used in any other way to the advantage of the governmental
entity or of the general public. This section does not supersede or in
any manner affect the federal laws governing copyrights or enlarge,
diminish or affect in any other manner the rights of a person in any
written book or record which is copyrighted pursuant to federal law.
2. A governmental entity may not reject a book or record
which is copyrighted solely because it is copyrighted.
3. A governmental entity that has legal custody or control of a
public book or record shall not deny a request made pursuant to
subsection 1 to inspect or copy or receive a copy of a public book or
record on the basis that the requested public book or record contains
information that is confidential if the governmental entity can
redact, delete, conceal or separate, including, without limitation,
electronically, the confidential information from the information
included in the public book or record that is not otherwise
confidential.
4. If requested, a governmental entity shall provide a copy of a
public record in an electronic format by means o f an electronic
medium. Nothing in this subsection requires a governmental entity
to provide a copy of a public record in an electronic format or by
means of an electronic medium if:
(a) The public record:
(1) Was not created or prepared in an electronic format; and
(2) Is not available in an electronic format; or
(b) Providing the public record in an electronic format or by
means of an electronic medium would:
(1) Give access to proprietary software; or
(2) Require the production of information that is confidential
and that cannot be redacted, deleted, concealed or separated from
information that is not otherwise confidential.
5. An officer, employee or agent of a governmental entity who
has legal custody or control of a public record:
(a) Shall not refuse to provide a copy of that public record in the
medium that is requested because the officer, employee or agent has
already prepared or would prefer to provide the copy in a different
medium.
(b) Except as otherwise provided in NRS 23 9.030, shall, upon
request, prepare the copy of the public record and shall not require
the person who has requested the copy to prepare the copy himself
or herself.
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- 83rd Session (2025)
Sec. 6. Chapter 608 of NRS is hereby amended by adding
thereto the provisions set forth as sections 7 to 10, inclusive, of this
act.
Sec. 7. 1. Except as otherwise provided in this section,
every employer in private employment and every local government
employer shall provide paid family leave to each employee of the
employer who has been employed for not less than 90 days. An
employee is entitled to 12 weeks of paid family leave each benefit
year:
(a) To bond with a newborn child of the employee or a
newborn child of the domestic partner of the employee, if taken
not later than 12 months after the birth of the child;
(b) To bond with a newly adopted or placed foster child of the
employee or spouse or domestic partner of the emplo yee, if taken
not later than 12 months after the adoption or placement of the
child;
(c) To complete any necessary preparatory tasks before the
anticipated adoption or placement of a child pursuant to
paragraph (b);
(d) To recover from or undergo treatme nt for a serious illness
or serious health condition, as defined by 29 U.S.C. § 2611,
including, without limitation, pregnancy or the loss or end of a
pregnancy;
(e) To care for a seriously ill member of the immediate family
of the employee;
(f) For a qu alifying event resulting from the military
deployment to a foreign country of an immediate family member
of the employee; or
(g) For safe leave.
2. If an employer provides paid sick leave for the use of his or
her employees, any sick leave accrued in ex cess of 40 hours must
be used before taking paid family leave.
3. An employer shall pay an employee on paid family leave:
(a) One hundred percent of the regular wage the employee
would have earned if the employee was not on leave, if the
employee earns not more than 110 percent of the state average
weekly wage; or
(b) Sixty percent of the regular wage the employee would have
earned if the employee was not on leave but not more than 150
percent of the state average weekly wage, if the employee earns
more than 110 percent of the state average weekly wage.
4. An employee that is entitled to take paid family leave
pursuant to subsection 1 is not required to take paid family leave
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consecutively and may take paid family leave over the course of a
12-month period.
5. An employee shall:
(a) Give notice, as soon as practicable, to the employer of the
employee’s intent to take paid family leave in accordance with the
provisions of this section; and
(b) Make a reasonable effort to take paid family leave in
accordance with the provisions of this section in a manner that
does not unduly disrupt the operations of the employer, if the paid
family leave is taken for events that are foreseeable to the
employee.
6. An employer shall not deny an eligible employee the right
to take paid family leave in accordance with the provisions of this
section or retaliate or take any adverse action against an employee
for requesting, taking or filing a complaint against an employer
relating to paid family leave pursuant to this section.
7. The Labor Commissioner may investigate any instance in
which he or she has reason to believe that an employee has taken
paid family leave to which the employee is not entitled. If, a fter
notice to the employee and a hearing, the Labor Commissioner
determines that the employee has taken paid family leave to which
the employee was not entitled, the Labor Commissioner may take
any of the following actions:
(a) Direct the employer to seek repayment of funds relating to
the paid family leave; or
(b) Disqualify the employee from paid family leave benefits for
a period not more than 1 year.
8. Paid family leave taken in accordance with the provisions
of this section and that meets the requirements for eligibility for
the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et
seq., runs concurrently. An employer may require that any
payment made pursuant to this section be made concurrently or
otherwise co ordinated with the terms of a short -term disability
policy or collective bargaining agreement. An employer shall
provide an employee notice of the provisions of this subsection.
9. The provisions of this section do not:
(a) Limit or abridge any other r ights, remedies or procedures
available under 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 paid leave benefit o r
paid time off benefit.
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- 83rd Session (2025)
10. Any agreement by an employee to abridge, waive or
forego any rights or remedies afforded by this section is void as
contrary to public policy and the employee may recover any actual
damages incurred through the inclusion of t he prohibited
provision.
11. As used in this section:
(a) “Benefit year” means a 365 -day period used by an
employer when determining the availability of paid family leave to
an employee.
(b) “Child” includes, regardless of age, a biological, adopted
or foster child, stepchild or minor protected person under
guardianship of a person or the person’s spouse or domestic
partner. The term includes any child for whom the person or the
person’s spouse or domestic partner is a person standing in loco
parentis or who stood in loco parentis and for which a biological
or legal relationship between the person or person’s spouse or
domestic partner and child is not necessary.
(c) “Domestic partner” means a person who is in a domestic
partnership which is registered or recognized pursuant to chapter
122A of NRS and which has not been terminated pursuant to that
chapter.
(d) “Employer” means a private employer or a local
government employer who has 50 or more employees in this State.
(e) “Immediate family” means a pa rent, sibling, child, spouse,
grandparent, grandchild or any other person related by blood or
whose close association is the equivalent of a family relationship
to a person or the person’s spouse or domestic partner.
(f) “Local government employer” means a county, city or town
with 50 or more employees.
(g) “Parent” includes a biological parent, adoptive parent,
foster parent or legal guardian of a person or a person’s spouse or
domestic partner. The term includes a person standing in loco
parentis or who stood in loco parentis for a person or the person’s
spouse or domestic partner and for which a biological or legal
relationship between the person or person’s spouse or domestic
partner and parent is not necessary.
(h) “Qualifying event” means any milita ry event or essential
need resulting from the military deployment of an immediate
family member. The term includes, without limitation:
(1) Arranging for child care or parental care during
deployment;
(2) Arranging for care of an immediate family member who
is incapable of self -care, if the deployment of the military family
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- 83rd Session (2025)
member necessitates a change in the existing care arrangements
for the family member who is incapable of self-care;
(3) Providing care to an immediate family member
incapable of se lf-care on an immediate and urgent basis, and not
on a routine, regular or daily basis, if the need for care arises
from the active duty, call to active duty status or deployment of the
military family member;
(4) Attending appointments, but not regular or routine
appointments, with care providers, including, without limitation,
at a health care facility, as defined in NRS 449.2414, and provider
of public assistance, as defined in NRS 422A.065, for an
immediate family member of the military family member if the
need for the appointments arises from the active duty, call to active
duty status or deployment of the military family member;
(5) Making financial or legal arrangements for the military
family member;
(6) Spending time with the military family member during a
rest and recuperation leave or return from deployment;
(7) Representing the military family member at a federal,
state or local event during deployment; and
(8) Addressing issues due to the death of the military family
member.
(i) “Safe leave” means leave resulting from an act of domestic
violence, stalking, aggravated stalking, harassment or sexual
assault against the employee or an immediate family member of
the employee, and the employee is not the alleged perpetrator, for
any of the following purposes:
(1) Seeking an order for protection;
(2) Obtaining medical care or counseling, or both, as a
result of the act;
(3) Securing existing housing or obtaining alternative
housing or shelter;
(4) Seeking legal assistance and preparing for and
attending court proceedings relating to the act; and
(5) Any other necessary action to restore the victim of the
act to his or her same or similar condition before the occurrence
of the act.
(j) “Serious illness” has the meaning ascrib ed to it in
NRS 232.4854.
(k) “State average weekly wage” means the state average
weekly wage as most recently computed by the Employment
Security Division of the Department of Employment, Training and
Rehabilitation.
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- 83rd Session (2025)
Sec. 8. 1. An employer shall establish reasonable
procedures and forms for an employee to take paid family leave
pursuant to section 7 of this act, which may not be unduly
burdensome to the employee. The forms must be written in
English, each other language typically used in communications
between an employer and an employee and any other language
that is the primary language of at least 10 percent of the
employees at the workplace.
2. The Labor Commissioner shall by regulation establish the
documentation that an employee may be required to provide to an
employer in support of a request for paid family leave pursuant to
section 7 of this act. The regulations adopted by the Labor
Commissioner:
(a) Must use a liberal approach to the granting of paid family
leave to an employee and not be unduly burdensome to the
employee.
(b) Must not require the disclosure of information that is
confidential, privileged or protected under federal law.
3. Any documentation provided to an employer pursuant to
subsection 2 i s confidential and must be retained by the employer
in a manner consistent with the requirements of the Family and
Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et seq.
4. As used in this section, “employer” has the meaning
ascribed to it in section 7 of this act.
Sec. 9. 1. An employer shall provide written notice of the
provisions of section 7 of this act to an employee:
(a) Upon the hiring of the employee, and annually thereafter;
(b) When the employee requests leave pursuant to section 7 of
this act; and
(c) When the employer has reasonable knowledge that any
leave request made by the employee may be for a qualifying reason
entitling the employee to take paid family leave pursuant to
subsection 1 of section 7 of this act.
2. The written notice required to be provided to an employee
by an employer pursuant to subsection 1 must include, without
limitation:
(a) The entitlement of the employee to paid family leave
pursuant to section 7 of this act, and the terms under which it may
be taken;
(b) The amount of paid family leave available to the employee;
(c) The procedures for taking the paid family leave;
(d) The requirement that an employer or his or her designee
may not deny an elig ible employee the right to take paid family
– 17 –
- 83rd Session (2025)
leave, retaliate or take any adverse action against an employee for
requesting, taking or filing a complaint against an employer
relating to paid family leave as set forth in subsection 6 of section
7 of this act; and
(e) The manner in which an employee may file a complaint for
any violations of the provisions of section 7 of this act committed
by an employer.
3. Each employer shall conspicuously post and keep so posted
in a location in each workplace maintaine d by the employer a
bulletin with the information required by this section in a form
approved by the Labor Commissioner. If an employer does not
maintain a physical workplace or employs an employee whose
work consists solely of remote work or telework, the employer
shall post the bulletin in a conspicuous location on the Internet
website maintained by the employer, if any.
4. All notices required by this section must be written in
English, each other language typically used in communications
between an em ployer and an employee and any other language
that is the primary language of at least 10 percent of the
employees at the workplace. The Labor Commissioner may adopt
regulations to establish the means by which an employer must
provide the notice required by this section.
5. As used in this section, “employer” has the meaning
ascribed to it in section 7 of this act.
Sec. 10. 1. If an employer fails to provide leave or retaliates
or takes any adverse action against an emplo yee for requesting,
taking or filing a complaint relating to paid family leave in
accordance with the provisions of section 7 of this act, the
employee may, at any time within 2 years after the employer’s
failure, bring a civil action against the employer.
2. If the employee is the prevailing party, the court may
award the employee any damages that the employee has sustained
and any equitable relief that the court deems appropriate.
3. The prevailing party in an action brought pursuant to this
section is entitled to reasonable attorney’s fees and costs, as may
be fixed by the court.
4. The Labor Commissioner shall not take jurisdiction of a
claim for a violation of a labor law or regulation during the
pendency of a civil action for the same claim broug ht pursuant to
subsection 1.
Sec. 11. NRS 608.180 is hereby amended to read as follows:
608.180 The Labor Commissioner or the representative of the
Labor Commissioner shall cause the provisions of NRS 608.005 to
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- 83rd Session (2025)
608.195, inclusive, and sections 7, 8 and 9 of this act and 608.215
to be enforced, and upon notice from the Labor Commissioner or
the representative:
1. The district attorney of any county in which a violation of
those sections has occurred;
2. The Deputy Labo r Commissioner, as provided in
NRS 607.050;
3. The Attorney General, as provided in NRS 607.160 or
607.220; or
4. The special counsel, as provided in NRS 607.065,
shall prosecute the action for enforcement according to law.
Sec. 12. NRS 608.195 is hereby amended to read as follows:
608.195 1. Except as otherwise provided in NRS 608.0165,
any person who violates any provision of NRS 608.005 to 608.195,
inclusive, and sections 7, 8 and 9 of this act or 608.215, or any
regulation adopted pursuant thereto, is guilty of a misdemeanor.
2. In addition to any other remedy or penalty, the Labor
Commissioner may impose against the person an administrative
penalty of not more than $5,000 for each such violation.
Sec. 13. NRS 613.223 is hereby amended to read as follows:
613.223 1. It is unlawful for any employer in this State to
discharge, discipline, discriminate against in any manner or deny
employment or promotion to, or threaten to ta ke any such action
against, an employee because:
(a) The employee requested to [use hours of ] take paid family
leave for safe leave pursuant to [NRS 608.0198;] section 7 of this
act;
(b) The employee participated as a witness or interested party in
court proceedings related to an act which constitutes domestic
violence or sexual assault which triggered the use of paid family
leave pursuant to [NRS 608.0198;] section 7 of this act;
(c) The employee requested an accommodation pursuant to NRS
613.222; or
(d) An act which constitutes domestic violence or sexual assault
was committed against the employee in the workplace of the
employee.
2. As used in this section:
(a) “Domestic violence” h as the meaning ascribed to it in
NRS 33.018.
(b) “Sexual assault” has the meaning ascribed to it in
NRS 200.366.
Sec. 14. NRS 608.0198 is hereby repealed.
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- 83rd Session (2025)
Sec. 15. The provisions of NRS 354.599 do not apply to any
additional expenses of a local government that are related to the
provisions of this act.
Sec. 16. 1. This section and section 15 of this act become
effective upon passage and approval.
2. Sections 1 to 14, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any
regulations and performing any other preparatory administrative
tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2028, for all other purposes.
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