Only 14 states (plus Washington, D.C.) currently give employees paid leave, and Nevada isn’t on the list. That doesn’t mean Nevada employers are off the hook, though. You still have to comply with other state and federal leave laws.
If it’s been a while since you’ve brushed up on employee leave regulations—or if you recently hired someone who lives in Nevada—take time to familiarize yourself with the fine print. We’re giving you all the details below.
Nevada’s employee leave laws
Nevada is one of many states that puts paid employee leave in employers’ hands. You can offer it or not offer it; either way you’ll be in compliance with the law.
There are just a couple of exceptions:
State employees receive paid leave
Nevada state government employees who work in the Executive Department are allowed to take up to eight weeks of paid leave over the course of 12 months to:
Bond with a new child (applies to newborn babies and adopted children)
Recover from or seek treatment for a serious illness
Care for an immediate family member who’s seriously ill
Manage affairs if a military family member dies during active duty or is deployed
Employees only get 50% of their usual wages while on leave. To qualify, they have to:
Meet one of the qualifying reasons listed above
Be employed by the state of Nevada for at least 12 consecutive months
Have accrued at least 40 hours of sick leave
Have used any accrued sick leave in excess of 40 hours before taking paid leave
Some employers have to provide 5 days of paid leave
In Nevada, private employers with 50 or more employees have to give them 40 hours a year of paid leave, which they accrue at a rate of 0.01923 hours for every hour worked. Employees can use paid leave hours for everything from mental health days to taking care of a sick child.
Related: Are there any sick time laws in your area you should be aware of?
The federal employee leave law
The United States has no federally mandated paid leave, but it does mandate unpaid leave. Under the Family and Medical Leave Act (FMLA), all employers with more than 50 employees are required to give them up to 12 weeks of leave for one of four reasons:
Bonding with a newborn, adopted, or fostered child
Caring for a spouse, child, or parent with a serious health condition
Managing a serious personal health condition
Managing affairs when a spouse, child, or parent is on or called to active duty
Here are some other key details about FMLA leave:
It’s job-protected time off, so employees are guaranteed their positions when they return.
FMLA requires you to continue paying your employees’ health insurance premiums when they're out on leave.
You can require your employees to use their available paid time off (PTO) or sick days during leave.
FMLA leave eligibility
To qualify for leave, employees in Nevada have to meet all the following criteria:
Need time off for bonding, caregiving, medical, or military leave
Work for their employer for at least 12 months, consecutively or non-consecutively
Work at least 1,250 hours in the 12 months before leave begins
Work at a location where the employer has at least 50 employees within 75 miles
How the FMLA leave request and approval process works
Employees don’t apply for leave through the Department of Labor (DOL). They request leave from you, then you review the request and determine whether or not their leave qualifies as FMLA leave. Here’s what the process looks like in detail, and what you need to do to maintain compliance:
Step 1: You tell employees about FMLA leave
This happens in three parts:
Hang an FMLA poster in your workplace that explains what FMLA leave is, who’s eligible, and how to file a complaint with the Wage and Hour Division. Print the poster in English and any other languages your employees regularly speak.
Give written notice to employees as soon as they meet the eligibility requirements for FMLA leave. The notice should explain how and when to request a leave.
Give written notice to new hires right when they begin working. This notice should share an overview of FMLA leave and list the work requirements to become eligible. The DOL has sample notice templates.
Step 2: Your employees request leave
Employees might tell HR they need to take leave during an in-person chat. Or you could encourage them to use a self-service employee HR portal to fill out a specific leave request form or send a message.
In any case, include clear instructions in your employee handbook explaining what to do and expect:
Who to notify (e.g., manager or HR)
When to request leave (whenever possible, at least 30 days before you need the time)
Which documents to provide upfront, if any
How leave review and approval works
Step 3: Review employee leave requests
Once an employee requests leave, you need to fill out the employer portion of the Rights and Responsibilities Notice, then give it to them—within five business days—to fill out the rest. You don’t have to send a copy to the DOL; this is just for your employee.
In the form, you will:
Indicate the qualifying reason your employee needs leave.
Confirm whether or not your employee is eligible for leave (they need 12 months of work service and 1,250 hours).
Indicate whether or not your employee needs to submit additional information, like medical certification for the leave or evidence of their relationship to a family member, and when the deadline is to submit that.
Reiterate your employee’s rights under FMLA leave, including continued health insurance and job protection.
Specify the 12-month period in which your employee’s leave can take place, along with their expected leave start and return dates.
Reiterate your employee’s right to substitute PTO for FMLA leave, and confirm whether or not you’ll require that.
Indicate whether or not your employee has any responsibilities to communicate their leave status while on leave (e.g. “I’m expected to return X date”).
Pro tip: Check your PTO policy to make sure it’s effective and easily understandable.
Step 4: Your employees supply additional information
If your employees need to submit extra documents in order for you to approve the leave, they’ll do so, giving them to you or HR.
Step 5: You officially approve or deny leave
Once you have all the information you requested from employees, you need to fill out and give your employees a Designation Notice within five business days. This notice lets them know their requested leave was either denied or approved as FMLA leave.
Step 6: Save copies of all relevant documents
File away payroll receipts, pay stubs, official employee requests for leave, documentation of leave start and end dates, and copies of FMLA notices.
Step 7: Keep paying health insurance and hold your employee’s job during leave
You have two more legal obligations while your employee is out on leave:
Keep up with your portion of your employee’s health insurance premiums and
Make a plan to return your employee to their job once leave is finished.
How do Nevada’s existing leave laws affect employees and employers in Nevada?
The lack of robust paid leave laws for Nevada workers shifts everyone—businesses included—into a worse position. Without state-mandated or employer-provided paid leave, Nevada employees have to resort to racing through their PTO or requesting FMLA leave.
Unfortunately, about 66% of Nevadans don’t even have access to FMLA leave, according to data gathered by The National Partnership for Women & Families.
They might work for an employer with fewer than 50 employees, or have recently switched jobs and don’t meet the service requirements. Even if an employee does qualify for FMLA leave, they might not be able to take it simply because they can’t afford to miss out on wages for so many weeks.
When your employees can’t take leave from work, they may end up suffering physically, mentally, or practically as a result. And if they take unpaid leave, they end up suffering financially. In the meantime, your business bears the weight; you might see reduced productivity and engagement in the workplace, and lose valuable employees to competitors with more generous offerings.
How paid family and medical leave programs work
Paid family and medical leave (PFML) gives hard-working people the critical time and steady paychecks they need to care for themselves and their families during life’s trying seasons. Think: bringing a new baby into the mix, seeing a loved one through a serious diagnosis, or recovering from surgery.
As of 2026, 14 states (plus DC) have enacted PFML laws to support their workers. Some states, like New York, require employers to purchase paid leave insurance products with private insurers, but most states rely on employee and employer contributions to fund PFML programs.
Here are some basic details:
Most states cover bonding, caregiving, and medical leave in their programs—at minimum. Other states also provide neonatal care leave, safe leave, and military leave.
Most states provide 12 weeks of paid leave, though some offer up to 26 weeks a year.
Most states have partial wage replacement programs, so they offer employees 50-90% of their usual weekly wages.
Most states require employers to submit paid leave contributions on a quarterly basis.
Contribution rates range from 0.5-1.2% of an employee’s gross wages. Some states ask for an even split between employees and employers, while other states require more from employees or employers.
If you want to offer some form of paid leave in your workplace, start by reviewing your finances and exploring paid leave insurance products. Even offering a super basic benefit, like six weeks of paid leave, can improve your employees’ quality of life and help raise employee retention rates over time.
Related: For step-by-step guidance on creating a paid parental leave policy, check out our Gusto guide.
Resources for employers in Nevada
