COVID-19 UPDATE: As of April 1st, 2020, coronavirus-related paid sick leave and expanded family and medical leave may be available to workers at companies that employ fewer than 500 employees. (Paid sick leave may also be available to federal workers covered by Title II of the Family and Medical Leave Act.)
These new leave policies are outlined below:
Reason for taking leave
New benefits under FFCRA
Up to 2 weeks* of paid sick leave at 100% of the employee's regular pay rate (or the applicable state or federal minimum wage, if higher).
The maximum is $511 a day and $5,110 total.
Care-taking for a person who either:
Up to 2 weeks* of paid sick leave at 2/3 of the employee's regular pay rate (or the applicable state or federal minimum wage, if higher).
The maximum is $200 a day and $2,000 total.
Care-taking for a child whose school is closed and childcare is unavailable due to COVID-19.^
2 weeks* of paid sick leave at 2/3 of the employee's regular pay rate (or the applicable state or federal minimum wage, if higher); and
Up to 10 additional weeksº of expanded family and medical leave at 2/3 of the employee's regular pay rate (or the applicable state or federal minimum wage, if higher).
The maximum pay for these 12 weeks is $200 a day and $12,000 total.
*2 weeks is 80 hours (or the equivalent for part-time workers).
ºOnly workers employed at least 30 days prior to the leave request are eligible for these 10 extra weeks.
^Employers with fewer than 50 workers could be exempted from the mandate if it would jeopardize the business's viability.
FFCRA became law on March 18, 2020. It remains in effect through the end of 2020.
Nevada's Family Medical Leave Act (FMLA) allows eligible employees of certain employers to take unpaid, job-protected leave for various family and medical reasons. Under the FMLA, these employees keep their group health insurance coverage under the same terms and conditions as if they had never left.
In order to obtain FMLA benefits, employees must abide by certain rules such as giving adequate notice and getting a doctor's certification when necessary. Once they return to work, they should be restored to the same job they had before and with the same benefits.
In this article, our Las Vegas family law attorneys discuss how the Family Medical Leave Act operates in Nevada:
- 1. Definition
- 2. Eligibility
- 3. Notice
- 4. Required certification
- 5. Job restoration
- 6. Additional provisions
- 7. Enforcement
The Family Medical Leave Act (FMLA) permits eligible employees of covered employers to temporarily take time off of work to tend to their own or their family's health issues. This leave is unpaid but job-protected, and their group health insurance coverage continues as before.
Specifically, eligible employees are entitled to:
(1) 26 weeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member's spouse, son, daughter, parent, or next of kin; OR
(2) 12 weeks of leave in a 12-month period for:
- The birth of a child and to care for the newborn child within one year of the child's birth;
- The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
- To care for the employee's spouse, child, or parent who has a serious health condition;
- A serious health condition that makes the employee unable to perform the essential functions of his or her job; and
- Any qualifying exigency arising out of circumstances involving the employee's spouse, son, daughter, or parent as being a covered military member on “covered active duty”.1
As stated above, FMLA includes only “covered employers.” Under the law, a covered employer is defined as one who is:
- A private-sector employer, with 50 or more employees in 20 or more workweeks in the current or preceding calendar year, including a joint employer or successor in interest to a covered employer;
- A public agency, including a local, state, or federal government agency, regardless of the number of employees; or
- A public or private elementary or secondary school, regardless of the number of employees.
Along with covered employers, it is helpful to understand the term “eligible employees.” One is only allowed to take FMLA leave if he or she is considered to be an eligible employee. This is an individual who:
- Works for a covered employer;
- Has worked for the employer for at least 12 months;
- Has a minimum of 1,250 hours of service for the employer during the 12-month period immediately preceding the leave; and
- Works at a location where the employer has a minimum of 50 employees within 75 miles.2
Generally, an employee must abide by his covered employer's usual requirements for requesting leave. The purpose is to provide the employer with enough information to determine whether FMLA will be applied to the request.
Typically, an employee must give his employer 30 days notice when the need for leave is foreseeable. If 30 days notice is not possible, the employee must give notice as soon as he can under the circumstances.
When an employee is requesting leave for an FMLA-qualifying purpose for the first time, the employee does not have to expressly assert FMLA rights. If an employee requests additional leave for the same qualifying condition, the employee must specifically make reference to either the qualifying reason for leave or the need for FMLA leave.
In order for this process to work, covered employees are required, under the law, to:
- Post a notice that explains both rights and responsibilities under the FMLA;
- Include information about the FMLA in the employee handbooks or provide information to newly hired employees;
- When an employee requests FMLA leave or the employer acquires knowledge that leave may be for an FMLA-qualifying reason, provide the employee with notice concerning his eligibility for FMLA leave and his or her rights and responsibilities under the FMLA; and
- Notify employees whether the leave is designated as FMLA leave and the amount of leave that will be deducted from the employee's FMLA entitlement.3
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 leave. An employer also has the right to ask for additional medical opinions.4
When an employee returns from his FMLA leave, he/she must be restored to his/her original job or an equivalent that has equal pay, benefits, and other terms of employment. An employer cannot consider FMLA leave to be counted against any form of “no-fault” attendance policy.
Further, covered employers must continue the employee's group health insurance coverage while the employee is on FMLA leave.5
Employees who work at local education agencies are provided with special rules. In most cases, these rules apply to intermittent or reduced FMLA leave or the taking of FMLA leave near the end of a set school term.
In addition, salaried executive, administrative, and professional employees of covered employers who meet the Fair Labor Standards Act (FLSA) criteria for an exemption from minimum wage and overtime will not lose their FLSA-exempt status by utilizing any unpaid FMLA leave.6
It is against the law for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise any right provided under the FMLA. In addition, it is illegal for an employer to terminate or discriminate against any employee for opposing any practice, or because of involvement in any situation related to the FMLA.
In most cases, the Wage and Hour Division of the U.S. Department of Labor is responsible for administering and enforcing the FMLA for the majority of employees. Further, most federal and some congressional employees are also covered by the law but are subject to the jurisdiction of the U.S. Office of Personnel Management or Congress.
When an employee has a complaint related to possible FMLA violations, he/she should file the complaint with the Wage and Hour Division or file a private lawsuit against the employer in a court of law.7
Call a Nevada family law attorney...
If you have legal matters related to FMLA or other family law matters, our domestic relations attorneys at Las Vegas Defense Group want to help. We will work with you in order to ensure that your rights are protected.
Call us at 702-DEFENSE (702-333-3673) for a FREE consultation.
- 29 CFR § 825; NAC 284.52345; FMLA Overview for State of Nevada Executive Branch Agencies; FMLA, U.S. Department of Labor.
- NAC 284.5811; 26 CFR § 825.104; 29 USCS § 2611.
- NAC 284.566; NAC 284.578; State v. Ludwick, 440 P.3d 43, 135 Nev. Adv. Rep. 12 (2019)("29 C.F.R. § 825.303(c) (2018) provides that '[w]hen the need for leave is not foreseeable, an employee must comply with the employer's usual and customary notice and procedural requirements for requesting leave, absent unusual circumstances[.]")
- NAC 284.558.
- 29 CFR § 825.214.
- 29 CFR § 825.
- NAC 284.581.