Additional Guidance On Senate Bill 4 – Navigating Paid Time Off Requirements

The Nevada Labor Commissioner has issued a guidance on Senate Bill 4’s paid time off requirements for public accommodation facilities in Clark and Washoe counties. This new law requires public accommodation facilities to adopt COVID-19 response plans which must include paid time off for employees in certain circumstances, such as when they are awaiting COVID-19 test results or after a COVID-19 diagnosis. To assist these facilities in applying the paid time off requirement, the Labor Commissioner addresses questions regarding who is eligible for paid time off, what type of paid time off should be provided, and what rate of pay should be used.

The Labor Commissioner explains that paid time off under Senate Bill 4 cannot be deducted from any paid leave provided to the employee under Nevada law, but can be deducted from paid leave provided pursuant to the federal Families First Coronavirus Response Act (FFCRA). As such, in determining the base rate of pay for paid time off, employers covered by Senate Bill 4 should follow federal law and guidance from the U.S. Department of Labor on determining the regular rate of pay under the FFCRA.

We encourage all employers covered by Senate Bill 4 to carefully review the Labor Commissioner’s Guidance and contact a KZA attorney with any questions you may have.

KZA Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.