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Nevada Expands Victim Protections  

18 Dec

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Update Applicable to:  Effective date
All employers and multi-state businesses with at least 1 worker in the State.  January 1, 2024.

What happened?

Governor Lombardo signed AB163 into law on June 5, 2023, expanding the domestic violence leave to include sexual assault into law.

What are the details?

  • The laws require employers of all sizes to provide up to 160 hours of leave in one 12-month period and reasonable accommodation for victims.
  • The law does not require the leave to be paid, but it can also be paid if the employer so chooses.
  • Employees are entitled to these protections for themselves or when a family or household member is the victim, not if the employee is the alleged perpetrator.
  • An employer may not deny an eligible employee the use of the leave or require the employee to find a replacement worker as a condition of taking the leave.
    • To qualify, an employee must have been employed for 90 days.
  • Employers may require an employee to provide forty-eight (48) hours advanced notice of the need to use additional leave.
  • An employer can request that an employee provide “evidence satisfactory to support the person’s claim for benefits (leave).”
    • This evidence can include, but not limited to: a police report, applications for a restraining order, an affidavit from an organization that provides services to victims of domestic violence or sexual assault, or documentation from a physician.

Best practices

  • Consider reviewing and updating your domestic violence leave policy to include victims of sexual assault, as well as the respective postings.
  • Consider giving this new policy (sexual assault) the same treatment as the domestic violence leave.
  • Consult an attorney if necessary for better implementation of a policy.
  • Monitor closely the required posters on the Nevada Department of Business and Industry Office web page for any updates.


Resources:


Source References

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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