Additional Guidance On Senate Bill 4 – Navigating Paid Time Off Requirements
September 25, 2020
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.
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