Davis CaesarNevada's paid leave law — Senate Bill 312 (2019), codified at NRS § 608.0197 — is frequently called Nevada's "sick leave law," but it covers considerably more than illness. Workers at qualifying Nevada employers accumulate a flexible leave bank usable for virtually any personal need. Below are the questions employees and HR teams ask most often about Nevada's paid leave requirements.
Does Nevada have a mandatory paid sick leave law?
Yes — but it's more accurately described as a general-purpose paid leave law. Under SB 312, covered employees accrue paid leave that can be used for any reason: illness, injury, a child's school appointment, a personal errand, family caregiving, or any other need. Employees are not required to explain or document their reason for using the leave.
This distinguishes Nevada from states like Utah and North Carolina, which have no mandatory paid sick or general-purpose leave law at all.
Which employers are covered by Nevada's paid leave law?
Private employers with 50 or more employees must provide SB 312 paid leave. Employers with fewer than 50 employees are exempt from the state mandate — though they may choose to offer paid leave voluntarily.
The 50-employee count includes all employees nationwide, not just those working in Nevada. An Arizona-headquartered company with 60 employees across two states — 15 of whom work in Nevada — crosses the threshold and must provide SB 312 leave to its Nevada employees.
How does paid leave accrue under SB 312?
Employees accrue 0.01923 hours of paid leave per hour worked — equivalent to approximately 40 hours (5 working days) per year for a full-time employee. Accrual begins on the first day of employment, with no waiting period before hours start accumulating.
However, employers may delay the use of accrued leave until the employee has completed 90 calendar days of employment. During the first 90 days, leave accrues but cannot be taken.
Can unused paid leave be carried over to the next year?
Yes. Nevada employees may carry over up to 40 hours of unused paid leave into the following benefit year. Employers may cap the carryover at 40 hours — they are not required to allow accumulation beyond that cap across years.
Employers are also not required to pay out unused accrued leave when employment ends, unless their written policy explicitly provides for a payout. Unlike California, Nevada does not classify accrued SB 312 leave as earned wages at termination.
Can an employer require notice before taking paid leave?
Employers may require reasonable advance notice for foreseeable leave — a planned medical appointment, for example. For unforeseeable absences (sudden illness, emergency), the employer may require notice as soon as practicable.
Nevada law does not define "reasonable notice" with a specific time limit. Employer policies must be applied consistently — an employer who requires 24-hour notice for some employees but not others may face discrimination claims.
Can employers require documentation of the reason for paid leave?
No. SB 312 does not authorize employers to require documentation, a doctor's note, or any explanation of why leave is being taken. An employee who calls in sick on a Monday must be allowed to use accrued leave without providing medical documentation. Policies requiring documentation for SB 312-covered leave are invalid.
Does SB 312 leave interact with FMLA?
SB 312 leave and the federal Family and Medical Leave Act (FMLA) operate independently. Employers with 50+ employees subject to both laws may — and typically should — require that SB 312 paid leave run concurrently with FMLA leave when the employee is taking time for a qualifying FMLA reason. This prevents employees from "stacking" FMLA unpaid leave on top of SB 312 paid leave for a combined extended absence.
Employers must notify employees in writing that FMLA leave is being designated concurrent with SB 312 leave. A policy that is silent on concurrency may inadvertently allow stacking.
What happens if an employer doesn't comply with SB 312?
Violations of NRS § 608.0197 are enforceable by the Nevada Labor Commissioner. An employee denied accrued paid leave — or retaliated against for requesting or taking it — can file a complaint at labor.nv.gov. Remedies include payment of withheld leave compensation, reinstatement if wrongfully terminated, and additional penalties. Retaliation for SB 312 leave usage is separately prohibited under NRS § 608.197 and may give rise to a wrongful termination claim.
Statute of limitations: 2 years from the date the leave was denied or the adverse action occurred.
Legal notice: This article provides general legal information about Nevada's paid leave law (SB 312) and does not constitute legal advice. Consult a licensed Nevada employment attorney for advice on your specific employment situation.
Can part-time and temporary employees use Nevada's paid leave law?
Yes — part-time and temporary employees at covered employers (50+ employees) accrue SB 312 leave at the same rate as full-time workers: 0.01923 hours per hour worked. A part-time employee working 20 hours per week accrues approximately 20 hours of paid leave per year. The 90-day use restriction applies equally to part-time workers.
Seasonal employees hired for short periods — under 90 days — may accrue leave during their employment but may not have the opportunity to use it before the seasonal period ends, depending on when they pass the 90-day use eligibility threshold. Employers with high seasonal turnover should confirm how their payroll systems handle accrual for workers who separate before the 90-day threshold.
Do Nevada counties or cities have their own paid sick leave rules?
No. Nevada law preempts local paid leave ordinances — municipalities cannot enact their own paid leave requirements above or below the state SB 312 standard. The Nevada paid leave framework is uniform statewide. This is particularly relevant for Las Vegas Metro employers: Clark County has no separate paid leave ordinance, and the City of Las Vegas cannot impose a stricter or more generous leave mandate than state law.
