Nevada
Verified February 2026Nevada Fair Employment Practices Act
Nev. Rev. Stat. §§ 613.310–613.435
Nevada does not have a state-level family or medical leave law that supplements the federal FMLA. For most employees in Nevada, the right to unpaid, job-protected leave for serious health conditions or caregiving relies entirely on the federal Family and Medical Leave Act (FMLA). To qualify, you generally must work for an employer with 50+ employees and have worked there for at least 12 months.
Nevada workers are protected against disability discrimination through the Nevada Fair Employment Practices Act, codified in Nevada Revised Statutes Chapter 613. Like the federal ADA, this law covers employers with 15 or more employees and prohibits discrimination based on disability, including mental health conditions. The Nevada Equal Rights Commission (NERC) enforces these protections and investigates complaints of workplace discrimination. Workers have 300 days from the date of the discriminatory act to file a complaint.
A significant development for Nevada workers is SB 312 (2019), which created a paid leave mandate. Employers with 50 or more employees must provide paid leave at a rate of 0.01923 hours per hour worked, which amounts to approximately 40 hours of paid leave per year for full-time workers. Notably, this is general paid leave that can be used for any reason – not just sick leave. Employees begin accruing leave on their first day of employment, and employers cannot require a reason for using the leave.
Even without a comprehensive state family leave law, Nevada workers have meaningful protections through the combination of federal FMLA, the ADA, the Nevada Fair Employment Practices Act, and the SB 312 paid leave mandate. Understanding which protections apply depends on your employer’s size, your length of employment, and the nature of your condition.
Employer Size
15+ employees
Leave Duration
N/A (no state leave law)
Paid Leave
Unpaid (job-protected)
Leave: Nevada does not have a state family or medical leave law. Federal FMLA is the primary source of job-protected leave. SB 312 (2019) requires employers with 50+ employees to provide general paid leave (approximately 40 hours per year), usable for any reason.
Anti-Discrimination: The Nevada Fair Employment Practices Act matches the federal ADA's 15-employee threshold and is enforced by the Nevada Equal Rights Commission.
Additional Protections
Nevada Paid Leave (SB 312, 2019)
Employers with 50+ employees must provide paid leave accruing at 0.01923 hours per hour worked (approximately 40 hours per year for full-time workers). This is general-purpose paid leave that employees can use for any reason, including illness, caregiving, or personal needs. No reason is required.
Nev. Rev. Stat. § 608.0197
Nevada Workers’ Compensation
Covers workplace injuries for most employees. Employers are required to carry workers’ compensation insurance. Mental health claims, including PTSD and occupational stress, may be compensable when arising from extraordinary workplace conditions.
Nev. Rev. Stat. §§ 616A–616D
1. Request FMLA Leave (Federal)
Since Nevada has no state family leave law, eligible employees follow federal FMLA procedures:
- Notify your employer at least 30 days in advance for foreseeable leave.
- If leave is unforeseeable, notify as soon as possible (usually same or next business day).
- Follow your employer’s usual notice procedures for requesting leave.
- Provide medical certification if requested (usually within 15 days).
2. File a Disability Discrimination Complaint
- Verify your employer has 15+ employees and the incident is within 300 days.
- File a complaint with the Nevada Equal Rights Commission online, by mail, or in person.
- NERC will investigate and attempt to resolve the complaint through mediation or conciliation.
- If no resolution is reached, the case may be referred for a hearing or you may pursue the matter in court.
Note: Filing with NERC can also cross-file with the federal EEOC through a work-sharing agreement.
Important Deadlines
- 30 days - FMLA advance notice for foreseeable leave
- 300 days - Deadline to file a discrimination complaint with the Nevada Equal Rights Commission
- 300 days - Deadline to file with the federal EEOC (extended because NERC exists as a local agency)
- 7 days - Workers’ comp injury must be reported to employer in Nevada
- 90 days - Deadline to file a workers’ compensation claim with the insurer in Nevada
Official Resources
Frequently Asked Questions
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