New Nevada Law Guarantees Domestic Violence Victims Leave from Work
Domestic violence victims in Nevada will receive new protections from the state as of 2018. Under a new law, passed by the Nevada legislature in 2017, and taking effect January 1, 2018, victims of domestic violence will now be entitled to take 160 hours of leave from work for the purpose of addressing needs associated with the act of domestic violence.
Employee Rights Under the New Law
Under the new law, the employee taking leave must have worked for the employer for at least 90 days before the state guarantee takes effect. It covers both direct victims of domestic violence, or employees whose families or household members have be victimized. Under this provision, the person requesting leave may not be the alleged perpetrator of the domestic violence act. The leave must be used within a 12-month period from the act of domestic violence, and can be taken in consecutive hours, or in intermittent hours to address the following:
- Diagnosis, care or treatment of a health condition related to the domestic violence incident
- To obtain counseling related to the incident
- For court proceedings related to the incident
- To establish a safety plan to prevent future acts of domestic violence against the victim or family member
A family or household member, under this law, is defined as: a spouse; domestic partner; minor child, either natural or adopted; or any adult residing with the person requesting leave at the time of the act of domestic violence.
The leave cannot be denied by any employer in the state, regardless of size, and can be taken as paid or unpaid time. Time taken off from work under this law, can be used all at one time, or by intermittent hours as needed. Upon using hours under this leave guarantee, the victim must give at least 48 hours’ notice to the employer of any additional time needed.
Employers are required under the new law to:
- Not deny the employee the right to use the leave hours
- Not require the employee to find a replacement worker as a condition of the leave time
- Not retaliate against the employee for using the leave time
Employers may require documentation from the employee using leave under this act, which confirms the leave request. The documentation may include any or all of the following:
- A police report
- A copy of an application for a protective order
- An affidavit from a service provider which provides service to domestic violence victims
- A note from a doctor treating the victim for the act of domestic violence
Employers must retain the requested documentation in a confidential manner, and consistent with the requirements of the Family and Medical Leave Act (FMLA).
Additionally, employers must make reasonable accommodations for the victim of domestic violence, such as at transfer or reassignment, modified work schedule, new work telephone number, or other actions to provide safety to the employee, the employer, other employees, or the workplace.
Employers are expressly forbidden to discharge, discipline, or discriminate against an employee requesting leave time or workplace accommodation under the law.
The Defenders Provides a Defense for those Charged with Domestic Violence
Domestic violence is a growing problem in Nevada. Most definitive measures show that Nevada incidents of domestic violence are one of the worst in the nation and on the increase in the state. The legislature is taking actions to provide protections for victims of this unfortunate and destructive crime.
While we acknowledge these problems, as criminal attorneys, we also know that the causes of domestic violence are complicated, and that those charged with this crime require the services of an attorney to protect their rights, so that all parties involved can recover and live productive lives. We also know that people are sometimes falsely accused of this crime.
If you have been charged with domestic violence, you face harsh penalties, which may impose losses of freedom due to jail time, large fines, counseling sessions, and community service. The Defenders will provide a defense that takes into account the unique circumstances of your situation and protects your right under the law. Call us today at (702) 333-3333.