Currently, Nevada does not have any mandatory sick leave laws. However, Nevada does require that employers have a clearly defined policy regarding paid time off. Additionally, if an employer has a contract with an employee that provides for sick leave, the employer is required to fulfill the contract. The Nevada courts have determined that an employee handbook can be interpreted as a contract with an employee, even without a written signed contract. The employee handbook constitutes an implied contract between the company and the employer.
National Sick Leave Policy
Nationally, there are no sick leave laws requiring sick leave. However the FMLA, (Family and Medical Leave Act) require unpaid sick leave with job protection for Nevada employees that meet certain requirements. Employees must have been with their employers for at least 12 months previously. Nevada employers who have 50 employees or more within a 75 mile radius, are required to honor FMLA. Smaller employers are not required to provide FMLA leave.
Executive Order Regarding Sick Leave
In May, 2015, President Obama signed an executive order requiring mandatory sick leave to be provided by all federal contractors, including all Nevada companies that work with Federal agencies. This new policy requires that government contractors give employees 7 days per calendar year of paid sick leave. This includes construction companies, contracts covered under the Service Contract Act, and contracts in connection with federal lands and federal employees. The executive order takes effect on January 1, 2017. Under these provisions employees earn 1 hour of sick leave for every 30 hours worked and are allowed to rollover the sick leave. Employers are not required to payout the sick leave when the employee leaves the company and if the employee rehires within 12 months, the previously accrued sick leave is reinstated.
The executive order provides sick leave for a wide variety of situations, including sickness for the employee, the employee’s immediate family and dependants. It also includes provisions for domestic violence, stalking, preventative care, counseling, relocation, legal processes for the stalking situation and other specific circumstances. Nevada companies with Federal contracts must be able to manage and meet these regulations.
Compliance with State and National Time and Attendance Laws
It is more important than ever for both large and small employers to have the tools in place that helps them track employee hours and be able to provide reporting in regards to employee hours time cards. Although, Nevada does not have specific sick paid laws, there are many other state specific laws in place regarding employee time card and benefits. These laws have massive fines and penalties applied to them for companies that violate the regulations. Nevada employers that wait until after a complaint or state investigation to place the proper software in place will pay thousands more in fines and penalties than companies who take steps now to ensure compliance. SwipeClock provides both the time and attendance tools and the workforce management software for employers to track and provide the reports that prove they are complying with state laws. SwipeClock partners with payroll companies and accounting firms to provide time clock and workforce management solutions that help businesses to stay compliance with both Federal and State regulations. One of the most important aspects of compliance is the ability to provide the required reporting of employees, benefits, and hours worked from and audit standpoint. Payroll providers need a simplistic approach of one software that can service both their small and larger corporations. SwipeClock can provide one solution for accountants that tracks and creates the reporting needed for their clients.
State of Nevada. September 2013. State of Nevada Department of Administration Policy
Statement on Leave and Overtime. Retrieved from http://admin.nv.gov/uploadedFiles/adminnvgov/content/About/Leave-OTPolicy-9-9-13.pdf
The White House Office of Press Secretary. Executive Order – Establishing Paid Sick Leave for
Federal Contractors. Retrieved from: ttps://www.whitehouse.gov/the-press-office/2015
/09/08/executive-order-establishing-paid-sick-leave-federal-contractors Retrieved on June 2016
United States Department of Labor, 2016. Sick Leave. Retrieved from ttps://www.dol.gov/general
/topic/workhours/sickleave. June 2016.
United State Department of Labor, Paid Sick Leave for Workers on Federal Contracts. 2016. \
Web. Retrieved from https://www.dol.gov/whd/flsa/eo13706/faq.htm.