Nevada Labor Commissioner’s Guidance On COVID-19 Leave

Volume: 19 | Issue: 5
March 17, 2020

The Nevada Labor Commissioner has issued a guidance for employers on use of paid leave should a mandatory government quarantine occur. While Nevada’s paid leave law applies to employers with 50 or more employees, the Labor Commissioner recommends that smaller employers also follow its guidance.

The Labor Commissioner states as follows: “MANDATORY GOVERNMENT QUARANTINES AS A RESULT OF POTENTIAL EXPOSURE TO COVID-19 SHOULD NOT RESULT IN ANY LOSS OF LEAVE TO AN EMPLOYEE WORKING IN PRIVATE EMPLOYMENT IN THE STATE OF NEVADA UNLESS THE EMPLOYEE ELECTS TO USE LEAVE, INCLUDING PAID LEAVE, OR OTHER LEAVE IS REQUIRED TO BE USED, SUCH AS FMLA LEAVE.” The following explanation is also provided:

• If an employee is subject to a mandatory government quarantine by a state, federal, or local agency and is unable to report to work, the employer should not count the mandatory government quarantine time as leave that is counted against the employee or taken from their leave balance. Because employees may not be accruing any type of leave or pay while under a mandatory government quarantine situation, this type of separation and/or leave from employment should not be counted against them.

• An employer is encouraged and can certainly choose to pay an employee for the time they are out on a mandatory government quarantine and offer alternative working arrangements, such as teleworking, or additional paid time off, but is not required to do so.

• The employee could also choose to request to use paid leave or other applicable leave if available while out on a mandatory government quarantine, but that would be at the option of the employee. Family Medical Leave Act (FMLA) leave may also apply to the employee’s situation, condition, and length of absence.

Please contact a KZA attorney if you have questions about this guidance or need assistance during this difficult time.

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.