Nevada Employee Rights Memo Under the Family and Medical Leave Act

State:
Multi-State
Control #:
US-AHI-199
Format:
Word
Instant download

Description

This AHI form is a memo regarding employee's rights under the Family and Medical Leave Act (FMLA).
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FAQ

Generally no, you are not eligible for unemployment benefits if you take medical leave under the Family and Medical Leave Act and you cannot work.

Employees have a right to: Not be harassed or discriminated against (treated less favorably) because of race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, disability, age (40 or older) or genetic information (including family medical history).

The FMLA only requires unpaid leave. However, the law permits an employee to elect, or the employer to require the employee, to use accrued paid vacation leave, paid sick or family leave for some or all of the FMLA leave period.

Required certification under the FMLA in Nevada If the leave involves an employee leaving due to his own serious health condition or a covered family member's serious health condition, the employer may request certification from a health care provider that will certify the weeks of leave.

Getting Paid During Your Time Off in NevadaFMLA leave is unpaid. However, you may ask or your employer may require you to use your accrued paid leave (like sick days, vacation, or PTO) to get paid during your time off. Nevada does not have a short-term disability insurance program as some other states do.

Nevada is an at-will employment state. This means that employers are free to fire employees for almost any reason, whether reasonable or not. Therefore, it is just as legal for an employer to fire workers because of their annoying voice as it is to fire them for being perpetually tardy.

In order to be eligible to take leave under the FMLA, an employee must (1) work for a covered employer, (2) work 1,250 hours during the 12 months prior to the start of leave, (3) work at a location where 50 or more employees work at that location or within 75 miles of it, and (4) have worked for the employer for 12

State and federal employment laws protect an employee's workplace rights in Nevada. An employer cannot discriminate, withhold overtime pay, dictate when an employee can take time off work, and has to provide a safe working environment.

In Nevada, employees may take up to 12 weeks of leave in a 12-month period for a serious health condition, bonding with a new child, or qualifying exigencies. This leave is available every 12 months, as long as the employee continues to meet the eligibility requirements explained above.

The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.

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Nevada Employee Rights Memo Under the Family and Medical Leave Act